Foreign Legal Consultant Hanoi
"Vietnam’s government has recently issued Decree No. 243/2026/ND-CP (“Decree 243”) and Circular No. 29/2026/TT-BCT (“Circular 29”) to amend the scope of the DPPA mechanism and self-consumption rooftop solar systems in Vietnam."
Vietnam’s government has recently issued Decree No. 243/2026/ND-CP (“Decree 243”) and Circular No. 29/2026/TT-BCT (“Circular 29”) to amend the scope of the DPPA mechanism and self-consumption rooftop solar systems in Vietnam. These changes expand the scope of the DPPA mechanism and demonstrate the importance of DPPA in Vietnam’s energy mix and further accelerate the development of the rooftop solar systems.
This article sets out further details of the changes.
1. DPPA MECHANISM
a. Large Consumers
While Decree 243 maintains the definition of Large Consumers, Circular 29 significantly expands the pool of eligible consumers under the DPPA through private connection lines (“Physical DPPA”) scheme. The threshold for average monthly electricity consumption has been reduced tenfold, from at least 200,000 kWh to 20,000 kWh per month, opening the mechanism to a much wider pool of commercial and industrial consumers. For DPPA through the national grid (“Virtual DPPA”), the threshold remains 200,000 kWh per month.
b. Expanded participation for Power Retailers
Power retailers operating within industrial parks, economic zones, export processing zones, industrial clusters, high-tech zones, centralized digital technology zones, high-tech agricultural zones, urban areas and free trade zones (“Power Retailers”) are now permitted to participate in both DPPA mechanisms:
- Physical DPPA: fully accessible to Power Retailers; and
- Virtual DPPA: accessible to Power Retailers, excluding those operating in urban areas and free trade zones.
This amendment enables licensed power retailers to supply electricity under the DPPA framework directly within specialized zones where end-users historically contracted through local retail operators rather than generators.
c. Physical DPPA
Pricing regime and excess electricity off-take:
Removal of Price Ceiling: Decree 243 abolishes the regulatory tariff cap for Physical DPPAs. This allows electricity prices to be determined by commercial agreement rather than regulatory limits.
Expansion of private DPPA mechanisms:
Decree 243 expands the permitted contracting models for Physical DPPAs beyond the traditional bilateral arrangement between Renewable Energy Generation Companies (“RE GENCOs”) and Large Consumers. The framework now permits:
- Physical DPPAs between an RE GENCO and a Power Retailer; and
- Physical DPPAs between a Power Retailer and Large Consumers (where the Power Retailer invests in renewable generation to supply consumers within its authorised area).
These additional models provide Power Retailers with additional flexibility when structuring electricity supply arrangements.
Difference clearing charge:
Decree 243 replaces the requirement to disclose total DPPA system service charges (“CDPPA”) and total difference clearing charges (“CCL”) with a requirement to disclose the corresponding charges on a per-unit-of-electricity basis (CDPPAdv and PCL) for the preceding five years. This change is intended to provide market participants with more practical reference data for estimating DPPA-related costs per kWh of electricity transacted.
Furthermore, the revised Annex IV caps annual increases in the difference clearing charge by stipulating that PCLmax(N) may not exceed 105% of the charge applicable in the immediately preceding year. This amendment enhances cost predictability for DPPA participants and facilitates financial modelling, budgeting, and commercial negotiations.
Sale of excess electricity from rooftop solar
Sale to EVN: the off-take cap increases from 20% to up to 50% of actual generated output. The purchase tariff remains capped at the previous year’s average market price published by NSMO, subject to the regional tariff ceiling for ground-mounted solar.
Sale to Power Retailers: tariff caps have been removed, enabling sellers and Power Retailers to negotiate both volume and pricing freely.
Decree 243 exempts RE GENCOs supplying electricity to Large Consumers via private connection lines from rooftop solar development registration requirements. While this reduces administrative requirements for certain rooftop solar projects, participating Power Retailers must comply with new regulatory obligations introduced under Decree 243.
d. Virtual DPPA
Decree 243 expands the eligibility criteria for Virtual DPPAs via the national grid. The eligible pool now includes:
- Large Consumers connected at voltage levels of 22 kV or above, expressly extending beyond manufacturing to include (i) data centre operators; and (ii) commercial EV charging service providers (including charging stations, points, and battery swapping facilities).
- Power Retailers (excluding those in urban areas and free trade zones).
Decree 243 also adjusts procedure for participation in virtual DPPAs:
- Step 1: a representative entity authorised by RE GENCO and Large Consumer/Power Retailer submits the required application dossier to NSMO (including the documents set out in Decree 243 –e. the DPPA application, copies of the CfD and relevant PPAs, the application for competitive wholesale electricity market participation, among others).
- Step 2: NSMO is responsible for reviewing the application dossier, rather than allocating it to EVN, PC. If complete and valid, NSMO reports to MOIT and issues a written notice to EVN, PC, the RE GENCO, the Large Consumer, and the Power Retailer regarding the official time for DPPA participation.
Key contacts
"Decree 243 abolishes the regulatory tariff cap for Physical DPPAs. This allows electricity prices to be determined by commercial agreement rather than regulatory limits."
NSMO will announce the expected time for applying the DPPA mechanism. Meanwhile, Decree 243 stipulates that the DPPA mechanism takes effect from the time NSMO officially announces the parties’ participation.
During the period from application submission to NSMO’s official announcement of DPPA participation, EVN, PC, and related entities must ensure the continuous and uninterrupted electricity metering, delivery, and payment to RE GENCO, Large Consumer/Power Retailer under the existing transaction mechanism.
2. SELF-CONSUMPTION ROOFTOP SOLAR (“RTS”)
a. Eligible off-takers for excess generation
In addition to EVN’s Power Corporations, Private Grid Owners (licensed distribution or retail entities owning or operating grid infrastructure connected to self-consumption power sources) are now authorized to purchase surplus electricity.
b. Clarification of grid connection models
Decree 243 formally defines connection structures to the national power grid:
- Direct Connection: direct physical connection between the load/generation source and the national grid; and
- Indirect Connection: connection via a Private Grid Owner’s network, which is itself connected to the national grid.
c. Technical and licensing reclassification
Decree 243 replaces the capacity-based threshold system (e.g. below 100 kW vs. 100 kW and above) with a voltage-based classification framework: Low Voltage (up to 1 kV), Medium Voltage (above 1 kV to 35 kV), and Higher Voltage Levels.
d. Project approval and investor selection
Scope of eligible systems: the off-take framework extends to surplus generation from self-consumption RTS installed on residential properties, low-voltage connected systems, and public assets (subject to public asset management legislation).
Export cap and BESS integration: purchasable excess electricity includes direct RTS output and energy discharged from connected Battery Energy Storage Systems (“BESS”). The export cap increases from 20% to up to 50% of total generated output, allowing a greater proportion of surplus electricity to be exported.
Pricing cap: off-take tariffs remain capped at the preceding year’s average market price published by NSMO, subject to the regional ceiling for ground-mounted solar projects without BESS.
Transitional period: existing arrangements exceeding the 50% export limit may continue operating until 31 December 2030, providing project owners with a grace period to adjust contractual and operational structures before strict enforcement takes effect.
The amendments introduced by Decree 243 expand the range of eligible participants, introduce greater flexibility in certain commercial arrangements and clarify aspects of the existing regulatory framework. Existing and proposed DPPA and rooftop solar projects should be reviewed in light of the revised requirements, particularly where pricing mechanisms, surplus electricity sales or private retail arrangements are involved.
e. Notification and registration procedures for power sources
It is notable that the notification and registration procedures for self-production and self-consumption (“SPSC”) RTS systems are submitted online via the National Public Service Portal or the national ID app, and are administered by the authorised People’s Committee.
Off-grid model: Only the notification procedure is required. SPSC RTS systems with a capacity of 100kW or greater must submit a notification to the commune-level People’s Committee.
Grid-connected model:
- notification process: the developers must submit notification to the authorized People’s Committee for low-voltage connections (except inverter below 1 kW) or for medium-voltage and above systems without surplus power sales. Notably, Decree 243 adopts a deemed-approval mechanism for notification procedure. If no response is issued within 10 working days from receipt of a complete notification dossier, the project may proceed; and
- registration process: For SPSC RTS systems with medium-voltage connection or higher and surplus power sales, a development registration is required. Applications are submitted to the Provincial People’s Committee, which issues the Development Registration Certificate within 10 days of receiving a complete and valid dossier.
Hanoi Intern Ngoc Nguyen also contributed to this article.
Key contacts
Foreign Legal Consultant Hanoi
Partner Hanoi
Counsel Hanoi
Senior Associate Hanoi






