This revelation comes from the Draft Decree of the Government, which outlines mechanisms and policies aimed at fostering the growth of self-produced and self-consumed rooftop solar power. Recently submitted by the Ministry of Industry and Trade to the Ministry of Justice for evaluation, this draft decree sheds light on unexpected regulatory requirements.
Under normal circumstances, policies enacted by central authorities apply uniformly across the nation, as per the Law on promulgation of legal documents. However, a critical provision in Resolution No. 81/2023/QH15, passed by the National Assembly on January 9, 2023, reveals a unique directive. It specifies that the Red River Delta and the Southeast region are not designated for energy or renewable energy development, in contrast to other regions within the country.
The Ministry of Industry and Trade clarifies that organizations and individuals seeking to develop self-produced and self-consumed rooftop solar power in these regions are prohibited from doing so. As a result, any endeavors in this regard necessitate approval from both the National Assembly and the National Assembly Standing Committee, subject to evaluation in alignment with Resolution 81.
Although the Ministry of Industry and Trade advocates for a policy encouraging rooftop solar power across both the Red River Delta and the Southeast regions, the ultimate authority lies with the National Assembly.
To uphold legal compliance throughout the decree's development and implementation process, the Ministry of Industry and Trade recommends that the Government seek guidance from the National Assembly Standing Committee. Such collaboration is essential to prevent any violation of the Law on Planning, particularly Clause 6, Article 13, which prohibits the incorrect implementation of approved planning initiatives.
Luong Bang