An aerial photo of the Tan Thuan nearshore wind farm in Vietnam

Vietnam could snooze offshore wind survey permitting to overhaul the system

Rules & Regulation

Vietnam’s Ministry of Natural Resources and Environment (MONRE) has proposed to suspend processing offshore wind survey applications until existing regulatory and technical issues are solved. The proposal comes shortly after the Ministry recommended an overhaul of its administrative system, including abolishing and/or simplifying 153 out of a total of 178 administrative procedures it reviewed.

Illustration; Tan Thuan nearshore wind farm: Photo source: PECC2

The Ministry has received 55 applications for offshore wind-related surveys until 31 August 2022, of which one was approved. The approved application was for a wind measurement campaign using a LiDAR offshore Ben Tre.

The projects across these 55 applications total 100 GW in potential installed capacity, with the biggest one having a proposed maximum capacity of 6 GW, according to the country’s Government Electronic Newspaper.

There are also 40 applications submitted to the authorities of the coastal provinces, all of which are from domestic investors and concern activities within the maritime area of ​​6 nautical miles or less from shore.

No clear regulations on offshore surveys and project capacity

The Ministry has identified numerous areas that need to be worked on, including both the permitting of offshore site investigations and the capacities of offshore wind projects.

Firstly, foreign organisations and individuals are currently not permitted to conduct wind measurement, geological, and topographic surveys in Vietnam’s waters.

Furthermore, there have been no specific regulations on the documentation, orders, procedures, and timeframes for decisions on offshore surveys, measurement campaigns, and assessment of marine resources.

Vietnam also does not have regulations on the areas within offshore wind project sites that should be used for wind measurement, geophysical and geotechnical surveys, and offshore environmental impact assessments, according to MONRE.

In addition, there is no regulation on how much the maximum wind power capacity for a project is for a specific offshore area to ensure both investors’ interest and the balance of the power transmission system.

Proposed solutions

To remove the current obstacles to efficient permitting of site investigations and the award of offshore areas for wind energy, the Ministry is proposing amending and supplementing a number of articles in the Government’s Decrees, most notably the Decree from February 2021 stipulating the assignment of certain sea areas to organisations and individuals for exploitation and use of marine resources.

The changes to the current regulations would also allow foreign organisations and individuals to conduct offshore surveys, according to Nhadautu.vn.

If implemented, the amendments would set out specific regulations on the documentation, procedures, and timeframe for consent on offshore site investigations, which would be set at three months from the date of receiving an application. The acceptance of a completed measurement campaign, surveys and environmental impact assessment would be set to three years after the activities start.

MONRE also recommends that survey operations for multiple or overlapping proposed projects for one area are conducted jointly.

When it comes to project capacities and government bodies’ responsibilities, MONRE proposes that the Ministry of Industry and Trade assumes the responsibility for developing and communicating regulations on marine areas approved for site investigations, the expected capacity for each sea area, and the maximum capacity for an offshore wind project.

Having an estimated project capacity approved for surveys within each planning period will help match the total offshore wind capacity up to 2030 which will be determined when the National Power Development Plan 2021-2030, vision to 2045 (Power Plan VIII) is approved.

The Ministry of Planning and Investment would be in charge of developing and promulgating criteria for selecting project developers, while MONRE would take on identifying and designating offshore areas with potential for wind power development and submitting to competent authorities, according to MONRE’s proposal.