The document provides guidelines on rooftop solar power projects in Vietnam. Key points include: (1) A rooftop solar system is eligible for an 8.38UScent/kWh feed-in tariff if it has a maximum capacity of 1MW installed on the roof of a construction with independent function and connects to a grid below 35kV. (2) For multiple adjacent rooftop systems with a total capacity over 1MW, separate power purchase agreements must be signed and no electricity permits are required. (3) Electricity companies can approve agreements for rooftop systems on various building types if requirements are met. (4) For agricultural rooftop systems,

1. VIETNAM – THE LATEST GUIDELINES ON ROOFTOP SOLAR POWER PROJECTS
DEVELOPMENT FOR INVESTORS
On 22 September 2020, the Ministry of Industry and Trade issued Guidelines on Rooftop Solar Power
Development under Official Letter No. 7088/BCT-DL. This document is a supplementation to Decision
13/2020/QD-TTg (“Decision 13”) on Incentives for solar energy development and Circular 18 on Solar
energy project development and standard power purchase agreement (“Circular 18”).
Important Guidelines
I. Definition of Rooftop Solar System (“RSS”): to be entitled to the FiT rate of 8,38UScent/kWh
(excluding VAT) under Decision 13, a RSS must include 2 criteria:
(i) solar panels with maximum capacity of 1MW installed on the roof of a construction site with
independent function, and
(ii) directly or indirectly connected to the electricity purchaser’s power grid with maximum
capacity of 35kV.
In which, roof of a construction site is the roof of a house, or a house-like structure. Roofs of
construction works need to be suitable to their functions and uses.
A house and house-like structure are classified in Annex 2 of Circular 03/2016/TT-BXD issued by
the Ministry of Construction as follows:
House,
house-like
structure
Classification
criteria
Construction Grade
Special I II III IV
Height (meter) >200 > 75 to 200 >28 to 75 6-28 <6
Number of
floors
> 50 20 to <50 8 to <20 2-7 1
II. If an investor acquires multiple adjacent rooftop solar power systems (on the same plot of land
or roof of an industrial park) with a total capacity of more than 1MW (each system’s capacity is
less than 1MW):
(i) Investor must sign separate power purchase agreements (“PPAs”) for each RSS and must not
combine the PPAs of all systems into one contract;
(ii) Investor is exempted from obtaining electricity activity permits;
(iii) Investor must carry out the procedures for contract subjects transfer in order to inherit the rights
and obligations related to the contracts signed by the previous investors.
III. EVN can exercise its discretion in signing PPAs for RSS on the roof of office, operator, kitchen,
motel, employee garage, factory, material warehouse, on site of solar power project sky,
hydroelectric plants, thermal power plants if such projects satisfy the requirements set out in
Decision 13 and Circular 18.

2. IV. Rooftop solar power system of agricultural and rural development projects (i.e. livestock,
cultivation, forestry, salt-production, and fisheries): the owners of the projects are responsible for
organizing production in accordance with the locality’s land use plans.
Farm constructions must have roofs. The farm's roof must be suitable for the function and type of
the farm. Investors are required to supplement the People's Committee's confirmation of the farm
construction declaration in the grid connection agreement dossier.
At the moment, there aren’t any available RSS mechanisms applicable to aquaculture lagoons,
farming and animal husbandry farms that use photovoltaic panels as roofs.
For more information on the above, please do not hesitate to contact the author Dr. Oliver
Massmann under omassmann@duanemorris.com. Dr. Oliver Massmann is the General Director of
Duane Morris Vietnam LLC, Member to the Supervisory Board of PetroVietnam Insurance JSC
and the only foreign lawyer presenting in Vietnamese language to members of the NATIONAL
ASSEMBLY OF VIETNAM.