offshore wind power projects legal challenges vietnam, offshore wind power projects legal framework in vietnam, offshore wind power in vietnam, offshore wind power projects in vietnam

Vietnam: Offshore Wind Power Projects Awaits Legal Framework

The development of offshore wind power projects in Vietnam is currently awaiting legal clarity. According to the Ministry of Industry and Trade, several amendments and additions to various laws are necessary to enable the implementation of offshore wind power projects. These include revisions to the Investment Law, Bidding Law, Law on Marine Resources, Environment, and Islands, or relevant resolutions by the National Assembly.

Legal Challenges

Following a report highlighting difficulties and obstacles in implementing offshore wind power projects in Document No. 9323/BCT-ĐL in December 2023, the Ministry of Industry and Trade has identified several legal bottlenecks.

One major issue concerns investigations, surveys, exploration, and measurements at sea and in maritime zones. According to construction law regulations, to initiate an investment project, survey results are required, with meteorological, hydrological, and geological data being crucial. However, current laws do not specify permission or approval for organizations or individuals to conduct such activities with non-budget state funding.

Additionally, there is uncertainty regarding whether the exploitation of natural resources (such as offshore wind energy) falls within the scope of the Law on Marine Resources, Environment, and Islands.

The Investment Law of 2020 lacks a specific definition of what constitutes a “land-using project.” Similarly, the current Land Law does not define “land” in general, only stipulating “land with water surface” as a type of land, without clarifying whether it includes land under the sea surface.

Furthermore, the subsoil beneath the seabed falls under the jurisdiction of the Vietnam Law on the Sea. The extraction and use of marine resources must comply with the Law on Marine Resources, Environment, and Islands, rather than the Land Law.

Investment approval authority under Articles 30 (authority of the National Assembly), 31 (authority of the Prime Minister), and 32 (authority of provincial People’s Committees) of the Investment Law of 2020 has not clearly defined whether offshore wind power projects fall under the jurisdiction of investment approval by the National Assembly, the Prime Minister, or provincial People’s Committees.

Proposed Solutions

To address these legal challenges, the Ministry of Industry and Trade suggests amending and supplementing legal provisions, resolving the aforementioned obstacles, and establishing a legal basis for implementation.

Additionally, the ministry is drafting regulations for determining electricity prices and Power Purchase Agreements (PPAs) for renewable energy projects, including offshore wind power projects. These efforts aim to create favorable conditions for negotiations and project execution.

Despite the abundant potential, offshore wind power projects in Vietnam face hurdles due to legal uncertainties and ambiguities. With legal clarity and appropriate regulatory frameworks, these projects can contribute significantly to Vietnam’s energy transition and sustainable development goals. It is imperative for relevant authorities to address these legal issues promptly to facilitate the realization of offshore wind power projects and the generation of clean energy for Vietnam’s future.

**ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient, and lawful advice to its domestic and international clients. If we can be of assistance, please email to

ASL LAW is the top-tier Vietnam law firm for in-depth legal advice in Vietnam and internationally. If you need any advice, please contact us for further information or collaboration.


    Your infomation

    ***Other service of ASL LAW – full-service Vietnam law firm ***
    Retainer service to enterprises International trademark registration
    Overseas investment consultancy for Vietnamese enterprisesPatent in Vietnam
    PCT Patent in Vietnam PCT Patent Vietnam Entry
    Intellectual property services (Vietnam IP Firm) Vietnam Patent Agent
    Trademark in Vietnam Vietnam Patent Firm
    Vietnam Trademark Agent Patent translation in Vietnam
    How to register a trademark in Vietnam Vietnam Patent Translation Agent
    Copyright in Vietnam Vietnam IP Firm
    Vietnam Trademark Vietnam IP Agent
    Notes to company formation in VietnamM&A
    How to open a company in VietnamBanking & financial services
    Open representative office in VietnamContract consultancy
    Establish a company in VietnamEmployment and labor
    Corporate services in VietnamLitigation and dispute resolution
    Vietnam Law FirmFranchise in Vietnam
    Vietnam Antidumping Law Firm Vietnam Franchise Registration
    Vietnam countervailing law firm Vietnam Business Law Firm
    Vietnam Real estate law firm Vietnam construction law firm
    Law firm in Hanoi Law Firm in Ho Chi Minh
    Contact Me on Zalo
    WhatsApp chat