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Launch of the Direct Power Purchase Mechanism in Vietnam

On 3 July 2024 the Vietnamese government promulgated Decree 80/2024/ND-CP (“Decree 80”) on direct power purchase agreements (“DPPAs”), which is effective immediately. Decree 80 sets out a framework for large energy consumers to contract directly with renewable energy producers for supplies of energy. This is a long-awaited move by the Vietnamese government; a DPPA mechanism has been under discussion for several years. The issuance of Decree 80 has been warmly welcomed by industry participants and should be a positive development for the electricity sector in Vietnam. This newsletter outlines some key features of Decree 80 and the DPPA mechanism. Decree 80 broadly regulates direct energy sale arrangements between:-Renewable energy power generators (“RE Gencos”); and-Large electricity end users (“Buyers”). In...To read the full article, please see the PDF file

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Authors

大矢 和秀

Kazuhide OHYA

  • Partner
  • Tokyo Hanoi / Ho Chi Minh City

Stationed in Singapore in 2010 and in Vietnam since 2013, and supported foreign investors in their investments and business development in South East Asia. Provided legal advice on various projects including the following: • M&A deals • infrastructure development projects including smart city, road, and railway • natural resources and energy projects including renewable energy projects • real-estate development projects including residential housing, commercial/logistics, offices, hospitality properties, complex buildings Kazuhide has also advised foreign invested companies in South East Asia in various areas, such as labor, trade, information security, digital regulations, crisis management, and compliance.

ショーン・コナティ

Sean CONATY

  • Partner
  • Hanoi / Ho Chi Minh City

Sean Conaty is a project finance and M&A lawyer. He advises clients (including sponsors, borrowers, lenders and governments) on the development, financing, acquisition, and divestiture of greenfield and brownfield energy and infrastructure projects. His practice has a particular focus on cross-border investments into Southeast Asia.

Sean has over two decades of experience and an extensive track record of leading teams on some of the region's largest and most complex "first-of-a-kind" landmark projects, including in the areas of renewable energy (solar, onshore and offshore wind, geothermal, hydro), thermal power (including gas-to-power and LNG-to-power), waste-to-energy, LNG, airports, seaports, and water treatment facilities. His expertise spans project development work (including structuring and negotiating concession, offtake, and other project agreements) through to project financing (including structuring and negotiating multi-source financings involving MLAs, ECAs, and other financial institutions). He is ranked by leading directories including Chambers and IFLR.

カオ・チャン・ギア

CAO Tran Nghia

  • Partner
  • Hanoi / Ho Chi Minh City

Nghia has substantial experience as both in-house and outside counsel, and has worked at a leading law firm and a multinational investment fund in Vietnam. He joined Nishimura & Asahi in 2013, providing legal advice to numerous domestic and multinational clients, including Vietnamese and Japanese corporations, with a focus on M&A, Real Estate, Construction, Infrastructure and PPP, and Energy in Vietnam. He works closely with clients’ business and legal teams to implement innovative solutions to legal challenges.
In addition to his advisory work, he frequently contributes his knowledge of different focus areas to publications, media, and speaking engagements. He has demonstrated his commitment to mentorship and community outreach through his active participation in pro bono work and numerous internal committees during his tenure.