Drafting the decree under expedited procedures to ensure progress

On February 9 in Hanoi, the Ministry of Industry and Trade held a meeting of the drafting committee for the decree detailing several articles and measures to organize and guide the implementation of Resolution No. 253/2025/QH15 dated December 11, 2025, of the National Assembly on mechanisms and policies for national energy development in the 2026 - 2030 period. The meeting was chaired by Deputy Minister of Industry and Trade Nguyen Hoang Long. Participants included representatives of the Electricity Authority of Vietnam (EAV) and members of the drafting committee.

Reporting at the meeting, Tran Hoai Trang, Deputy Director General of the EAV, said that the decree is being drafted by the Ministry of Industry and Trade in accordance with the assignment set out in Decision No. 2835/QD-TTg dated December 31, 2025 of the Prime Minister, which promulgates the list and assigns lead agencies to draft detailed regulations guiding the implementation of laws and resolutions adopted by the 15th National Assembly at its 10th session.

Previously, the Minister of Industry and Trade issued Decision No. 3778/QD-BCT dated December 29, 2025 and Decision No. 39/QD-BCT dated January 14, 2026, on the establishment of the drafting committee for the decree.

According to the EAV, on January 19 the head of the drafting committee issued its operating regulations. As the lead agency, the EAV prepared the first draft of the decree to solicit comments from members of the drafting committee. On December 31, 2025, the drafting committee held its first meeting to discuss the first draft. Based on the feedback received, the EAV coordinated with relevant units to absorb comments, revise, and finalize the second draft and the accompanying dossier for the decree.

On January 12, the EAV reported to the Deputy Minister of Industry and Trade for consideration and approval of the decree dossier (second draft) and for the signing of the document to solicit broad-based comments. The Deputy Minister signed Official Dispatch No. 183/BCT-DL to seek opinions from ministries, sectors, localities, organizations and individuals under expedited procedures, with a comment period of three working days from the date of receipt of the document.

As of February 9, the EAV had received essentially complete feedback from the consulted agencies and units, with comments still pending from several ministries, sectors and localities.

In terms of content, the decree is structured into 12 articles, divided into four main groups of provisions. Among them, the group of regulations on offshore wind power development accounts for the largest volume, focusing on projects included in planning schemes and expected to be put into operation during the 2025 - 2030 and 2031 - 2035 periods. According to the EAV, this is the content that attracted the greatest number of comments, reflecting strong interest from ministries, sectors, local authorities and enterprises in the legal framework governing offshore wind power.

Comments focus on four major groups of issues

As of February 9, the EAV had received a total of 44 comments, including opinions from seven ministries and ministerial-level agencies, 28 provincial-level units; four units under the Ministry of Industry and Trade; and five economic groups. On that basis, the EAV reported to and sought guidance from the Deputy Minister, who is also head of the drafting committee, on four key groups of issues.

First, regarding the composition of dossiers for adjusting and updating planning schemes. The Quang Ninh Department of Industry and Trade proposed adding the component “Report on the evaluation of planning implementation” in accordance with Clause 4, Article 49 of the Law on Planning.

The EAV held that, for the special mechanisms stipulated in Resolution No. 253/2025/QH15, the dossier has already been compiled as a “Report on adjustment and updating of planning,” which integrates the main evaluation contents. Adding a separate dossier component could prolong the timeline and affect implementation progress. The EAV therefore proposed not adding a separate dossier component, but instead continuing to refine and clarify the evaluation content within the Report on adjustment and updating of planning.

Second, regarding submission methods and the number of dossier copies. Several comments, including those from the Ministry of Justice and the Bac Ninh Department of Industry and Trade, proposed prioritizing electronic dossiers and reviewing the number of hard-copy dossiers to ensure feasibility. In response, the EAV revised the draft to stipulate that dossiers will include five hard-copy sets and one electronic set, and may be submitted in person, by post, or through electronic means. According to the EAV, this approach both ensures compliance with digital transformation requirements and meets current regulations on archiving and appraisal.

Third, regarding consultation mechanisms during appraisal and the handling of overdue responses. The Gia Lai Department of Industry and Trade proposed not stipulating the provision that “failure to respond by the deadline shall be deemed as agreement,” citing the lack of clarity regarding its legal validity. Meanwhile, other opinions suggested retaining this provision to ensure progress.

The EAV considered it necessary to continue applying the mechanism whereby failure to provide comments by the deadline is understood as agreement, given the implementation of the resolution under expedited procedures. However, to ensure rigor, the draft has been revised to clarify response obligations and the accountability of consulted agencies and units for matters within their management responsibilities.

Fourth, regarding transitional provisions for offshore wind power projects. The Vietnam National Industry and Energy Group, Copenhagen Infrastructure Partners of the Kingdom of Denmark, and the Ministry of Agriculture and Environment proposed adding transitional provisions for applications seeking sea area allocation to survey offshore wind power projects for the 2025 - 2030 period that are currently under review.

According to the EAV, many applications are currently being processed by the Ministry of Agriculture and Environment, with a total proposed capacity exceeding 6,000MW. If transitional provisions are added, certain new regulations of the decree may not apply to these projects, potentially affecting the objective of accelerating offshore wind power development in the 2025 - 2030 period.

The EAV proposed that, at the third meeting of the drafting committee, members from the Ministry of Agriculture and Environment provide comprehensive information on the number of applications, proposed capacity scale, processing timelines, and reasons for prolonged processing. This would serve as a basis for consideration and decision-making, ensuring harmony between legal requirements and national energy development objectives.