THE MINISTRY OF TRADE AND INDUSTRY
Circular No. 23/2015/TT-BCT dated July 13, 2015 of the Ministry of Trade and Industry promulgating on orders, procedures of investment on the thermal power plant project in the form of Build – Operate – Transfer
Pursuant to the Decree No. 95/2012/ND-CP dated November 12, 2012 of the Government defining functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Decree No. 15/2015/ND-CP dated February 14, 2015 of the Government on investment in the form of public-private partnership;
At the proposal of the Director- General of the Department of Energy,
The Minister of Industry and Trade promulgates the Circular on orders, procedures of investment on the thermal power plant project in the form of Build – Operate – Transfer
Chapter I
GENERAL PROVISIONS
Article 1. Scope of application and subjects of application
1. This Circular promulgates orders, procedures of investment on the thermal power plant project in the form of Build – Operate – Transfer (hereinafter referred to as BOT) in the territory of Vietnam.
2. Subjects of application include organizations, individuals participating in activities related to investment on thermal power plant in the form of BOT.
Article 2. Interpretation of terms
1. BOT contract means the contract signed between the Ministry of Industry and Trade and the investor to build the thermal power plant in the territory of Vietnam. After completing the project, the investor has rights to operate the plant for a period of time; then transfer the ownership to the Ministry of Industry and Trade when the time of operating is over.
2. Project of BOT thermal power plant (hereinafter referred to as BOT thermal power plant project) means the thermal power plant invested in the form of BOT.
3. Investor means an organization, individual who are interested in contributing capital in the development of the thermal power plant project in the form of BOT contract.
4. BOT investor is the BOT investor assigned to develop BOT thermal power plant project by competent agencies.
5. BOT enterprise is the enterprise established by the BOT investor to perform BOT thermal power plant project.
6. EPC contractor is the contractor performing the package contract of designing, providing equipment, material and installment of BOT thermal power plant project.
7. National Power Development Plan (hereinafter referred to as QHDLQG) is the power plan approved by the Prime Minister.
8. Memorandum of BOT thermal power plant project (hereinafter referred to as MOU) is the memorandum signed between BOT investors and the Ministry of Industry and Trade.
9. Feasible study (hereinafter referred to as FS) means document presenting contents of the study on necessity, feasibility and effectiveness of BOT thermal power plant project.
10. Principle agreement (hereinafter referred to as PA) is agreement signed between the General Department of Energy and BOT investors.
11. Power purchase agreement (hereinafter referred to as PPA) is agreement signed between BOT enterprises and Vietnam Electricity.
12. Land leasing agreement (hereinafter referred to as LLA) is agreement signed between BOT enterprises and local competent agencies.
13. Coal supply agreement (hereinafter referred to as CSA) is agreement signed between BOT enterprises and coal suppliers.
14. Coal transport agreement (hereinafter referred to as CTA) is agreement signed between BOT investors and coal transporters.
15. Gas supply agreement (hereinafter referred to as GSA) is agreement signed between BOT enterprises and the gas suppliers.
