PEOPLE'S COMMITTEE OF LAM DONG PROVINCE'S OFFICIAL LETTER ON ROOFTOP SOLAR POWER SYSTEM IN INDUSTRIAL ZONES

On July 5, 2023, People’s Committee of Lam Dong Province issued the Official Letter No. 5788.UBND-MT on enterprise's installation, cooperation, leasing, selling rooftop solar power in the province’s Industrial Zones, sent to the Department of Industry and Trade, Tax Department, Industrial Zone Authorities and Lam Dong Power Corporation.

Considering the document of Industry and Trade Department on reporting cases of letting third parties operate rooftop solar power system in industrial zones and the document of Industrial Zone Authorities on reporting the status of enterprises to install, cooperate, lease and sell rooftop solar power in the province’s industrial zones, the People’s Committee of Lam Dong Province had the following opinions:

1. Assign the province’s Industrial Zone Authorities as bellow:

1.1. Inspect and review enterprises in the industrial zone which have installed or signed a cooperation agreement on rooftop solar power system installation and investment that do not comply with regulations on investment and construction order to handle violations before considering for enterprises to add and finalize application.

1.2. In regard to enterprises that subleasing manufacture rooftop (inconsistent with Investment Registration Certificate) to invest in rooftop solar power systems in industrial zones: request these enterprises to urgently terminate the sub-lease contract as well as remove the entire rooftop solar power system in the manufacturer.

1.3. Report the actual situations and implementation results to Lam Dong Provincial People’s Committee by July 30, 2023.

2. In addition, the People’s Committee required Lam Dong Power Corporation to coordinate with the province’s industrial zone authorities to review and suspend electricity purchase in cases where the regulations on investment and construction order have not been properly observed, until investors fully implement the above contents.

3. Besides, the People’s Committee also assigned the Tax Department to review and request enterprises in the industrial zones that had installed and sold rooftop solar power to fully fulfill their tax obligations in comply with regulations.

Installation and operation of rooftop solar power system are activities involving to many legal issues, thus, are relatively complicated, especially when laws governing this field appear to have existing loopholes. In case of any matter relating to this field, please do not hesitate to contact Attorney-at-law Pham Minh Hoang (James) – Managing Partners at VSE LAWYERS (at hoang.pham@vselawyers.com) for more advice.

View the Official Letter No. 5788/UBND-MT at:

https://drive.google.com/file/d/1AT8l-7-gT2yKYMW395bjpxvWpMBM17gI/view?usp=sharing

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