Tải bản đầy đủ (.pdf) (27 trang)

Summary of Doctoral thesis in Law: The law on clean energy development in Vietnam

Bạn đang xem bản rút gọn của tài liệu. Xem và tải ngay bản đầy đủ của tài liệu tại đây (389.62 KB, 27 trang )

MINISTRY OF EDUCATION
MINISTRY OF JUSTICE
AND TRAINING
HANOI LAW UNIVERSITY

NGUYEN THI BINH

THE LAW ON CLEAN ENERGY DEVELOPMENT
IN VIETNAM

Major: Economic Law
Code:
9 38 01 07

SUMMARY OF DOCTORAL THESIS IN LAW

HANOI - 2019


The thesis was completed at:
HANOI LAW UNIVERSITY
Supervisors:

Reviewer 1:
Reviewer 2:
Reviewer 2:

1. Dr. Nguyen Van Phuong
2. Dr. Duong Thanh An

Prof.Dr. Le Hong Hanh


Dr. Vu Quang
Assoc.Prof.Dr. Nguyen Duc Minh

The thesis will be defended at the marking committee of Hanoi Law
University at the time of ... hour ... month ... year ...

The thesis can be found at:
1) National Library
2) Library of Hanoi Law University


1

FOREWORD
1. The necessity of the research
Currently, many countries around the world have tried to
research, find and use new energy sources to replace traditional fossil
energy sources. We often use the definition of clean energy to refer
to energy sources that are cost-effective and friendly to the
enviroment. In Vietnam, two large hydropower supply sources and
thermal power plants do not meet the demand and our country still
has to import electricity. Meanwhile, Vietnam is considered a
country with great potential for clean energy. Clean energy
development effective or not depends very much on the policies,
legal policies and the legal system of the state. However, it is
possible to assess the system of legal documents on clean energy
development in our country. Recognizing the importance of the law
on clean energy development and the need to build and perfect this
legal field in our country, the author would like to select the topic
"The law on clean energy development in Vietnam” in order to do

the doctoral thesis.
2. Research purposes
- Supplementing and completing the theoretical basis of clean
energy development law in Vietnam.
- Analyzing and evaluating the advantages and disadvantages of
the clean energy development law.
- Providing a number of solutions to improve the clean energy
development law and improve the implementation efficiency in
practice.
3. Research tasks
- Analyzing and identifying the nature of some concepts.


2

- Explaining theoretical issues about clean energy, clean energy
development, clean energy development law.
- Assessing the current status of Vietnamese legal regulations on
clean energy development.
- Understanding the experience of some countries in the world in
clean energy development law.
- Analyzing the orientations and proposing recommendations to
improve the clean energy development law in Vietnam and improve
the implementation efficiency in practice.
4. Object and scope of the study
4.2. Research scope
- Scope of space: The thesis studies the theoretical issues, the
status of clean energy development law in Vietnam.
- Time scope: The thesis studies the law of clean energy
development in the period from 1993 to the present.

- Scope of legal documents: Studying the current legal provisions
on the development of clean energy in the following major legal
documents: environmental protection law, investment law, business
law, electricity law, ...
The research topic of clean energy development law of some
countries in the world such as China, India, Philippines ... The thesis
studies the theoretical issues of laws and regulations that directly and
indirectly affect to the development of clean energy.
- Scope of clean energy sources: The thesis studies the law of
developing clean energy sources that Vietnam has potential such as
wind energy, solar energy and bioenergy.


3

4.1. Research object
- The Party's viewpoints and lines, the State's policies on
exploitation, use and development of clean energy.
- Clean energy development trend in countries around the world.
- The context of energy and the situation of clean energy
development in Vietnam in recent times.
- Current Vietnamese law provisions on exploitation, production
and use of clean energy.
- Practical implementation of clean energy development law in
our country.
- Some experiences of China, India, Japan ... in clean energy
development law.
5. Research methods
- Methodology of scientific research on dialectical materialism,
historical materialism of Marxism-Leninism and Ho Chi Minh's

thoughts on the state and law.
- Specific research methods such as analysis, comparison,
synthesis, induction, interpretation, comment, evaluation, logical
reasoning ...
6. New points of the thesis
- The thesis contributes to supplementing and perfecting the
system of theoretical basis for clean energy, clean energy
development and clean energy development law in Vietnam.
- The thesis contributes to clarifying the concept of clean energy,
the concept of clean energy development.
- The thesis analyzes and decodes the content of the concept of
clean energy development law.


4

- The thesis assesses advantages and disadvantages of clean
energy development law in Vietnam and practical implementation.
- The thesis analyzes the orientation when completing the clean
energy development law and improving the implementation
efficiency in practice.
- The thesis proposes solutions to improve the clean energy
development law in Vietnam and improve the implementation
efficiency in practice.
7. Structure of the thesis
In addition to Table of Contents, Introduction, Conclusion and
List of references, the thesis is structured into 4 chapters as follows:
- Chapter 1: Overview of research situation and theoretical basis
of the thesis.
- Chapter 2: Theoretical issues of clean energy, clean energy

development and clean energy development law.
- Chapter 3: Current situation of clean energy development law
in Vietnam.
- Chapter 4: Perfecting clean energy development law in
Vietnam and improving the implementation efficiency in practice.
Chapter 1: OVERVIEW OF RESEARCH SITUATION AND
THEORETICAL BASIS OF THE THESIS
1.1. Overview of research situation
The PhD student analyzes and evaluates scientific research
projects related to the thesis in the following aspects:
1.1.1. Works related to the concept of clean energy
1.1.2. Works related to the law on objectives and planning of clean
energy development


5

1.1.3. Works related to the law on preferential and support measures
to develop science and technology to exploit, produce and use clean
energy
1.1.4. Works related to the law on incentives and support for
exploitation, production and use of clean energy
1.1.5. Works related to the law on measures to limit exploitation,
production and use of energy sources have a negative impact on the
environment.
1.1.6. Works related to the law on state management agencies in the
development of clean energy
1.2. The theoretical basis of the thesis
1.2.1. Research theory
- The thesis is carried out based on the theoretical basis of

environmental science, economic theory, state theory and law in
view of Marxism - Lenin.
- The thesis is based on the principle of "Sustainable
development", "Polluters pay", "Stimulating economic benefits".
- The thesis is also implemented on the basis of the views and
policies of the Communist Party of Vietnam on the development of
clean energy.
- The author also selectively acquires some views and
experiences of countries on developing clean energy.
1.2.2. Research hypotheses
First, clean energy has many advantages, the development of
clean energy brings many economic and environmental benefits.
Second, the development of clean energy is subject to
competition with the traditional energy industry. Therefore, in order
to develop clean energy, the state needs to have interventions.


6

Third, the content of the clean energy development law is
approached in many different angles, each approach has its own
advantages and disadvantages.
Fourth, the improvement of the law on clean energy
development must follow the orientation of clean energy
development of the Communist Party of Vietnam, the basic
principles, in line with the requirements of international integration
and ensure the unified in the legal system.
1.2.3. Research questions
First, what is clean energy? What are the characteristics and
properties of clean energy? How do these characteristics and

properties affect the content of clean energy development
legislation? How does science and technology affect clean energy
development and clean energy development law?
Second, how does the state intervene to ensure clean energy
development? The reason is that this field is difficult to attract
investors and cannot be developed due to difficulties compared to the
exploitation and production of traditional fossil energy if the market
is to regulate itself according to the law of supply and demand.
Third, what is clean energy development law? Which approach
is the most appropriate approach to the definition of clean energy
development law? What are the principles of clean energy
development law developed, completed and enforced?
Fourth, what is the status of clean energy development law in
Vietnam? Are the regulations complete, strong enough to stimulate
the exploitation, production and use of clean energy? How are the
remaining difficulties expressed?


7

Fifth, orientation and solutions to improve clean energy
development law and improve enforcement efficiency?
CONCLUSION OF CHAPTER 1
1. In recent years, the issue of clean energy development, clean
energy development law has attracted the attention of domestic and
international researchers.
2. The works related to the thesis have used research methods:
the method of dialectical materialism and historical materialism of
Marxism - Lenin; methods of analysis, comparison, synthesis, field
survey, logical reasoning, evaluation, comment, ... Fellows also

inherit these methods.
3. The works related to the thesis of the previous authors have
solved some theoretical and practical issues as follows:
- Giving own views on clean energy and related definitions
(renewable energy, green energy).
- Evaluating the clean energy potential of Vietnam.
- Analyzing some basic theoretical issues and the situation of
clean energy development objectives.
- Evaluating some difficulties in the current status of the law on
preferential and support measures in order to develop science and
technology to exploit, produce and use clean energy.
- Analyzing the content of a number of regulations on
preferential measures, supporting the exploitation, production and
use of clean energy.
- Analysis of financial support for fossil fuels is the reason why
electricity prices in Vietnam are artificially cheap.
- Initially analyzing the position and functions of some state
management agencies on clean energy development.


8

4. There has not been any work to systematically and
comprehensively study the theoretical issues and the situation of
clean energy development law in Vietnam. This is the reason why
the researcher selects the topic: "Clean energy development law in
Vietnam" as her doctoral thesis.
Chapter 2: THEORETICAL ISSUES OF CLEAN ENERGY,
CLEAN ENERGY DEVELOPMENT AND CLEAN ENERGY
DEVELOPMENT LAW

2.1. Theoretical issues of clean energy and clean energy
development
2.1.1. Theoretical issues about clean energy
2.1.1.1. Clean energy concept
The PhD student gives the definition: "Clean energy is a
renewable energy source and production, using them
environmentally friendly and cost-effective."
2.1.1.2. Features of clean energy
Clean energy must be renewable; The exploitation, production
and use of clean energy have little or no environmental pollution;
The production and use of clean energy saves costs; Clean energy is
widely used in many fields.
2.1.1.3. The main clean energy sources
Clean energy is exploited from water, wind, sunlight,
geothermal, ocean waves, biofuels, biomass ...
2.1.2. Theoretical issues about clean energy development
2.1.2.1. Definition of clean energy development
Clean energy development is the process by which entities carry
out various activities to exploit, produce and use clean energy or


9

stimulate the efficient exploitation, production and use of energy,
bringing benefits useful for the whole society.
2.1.2.2. Clean energy development trend in the world
Clean energy still accounts for a modest proportion of the
energy structure. However, in recent years, most countries in the
world have invested in developing clean energy.
2.1.2.3. The need of clean energy development in Vietnam

The PhD student analyzes this content in the following aspects:
a. Consequences of using fossil energy sources
b. Benefits of using clean energy
c. Clean energy potential in Vietnam
2.1.2.4. State intervention to develop clean energy
The State has preferential and supportive measures to develop
exploitation, production and use of clean energy. The State proposes
measures to limit the exploitation, production and use of energy
sources that have a negative impact on the environment
2.2. Theoretical issues about clean energy development law
2.2.1. Concept of clean energy development law
The clean energy development law is a combination of legal
regulations issued by competent state agencies to regulate social
relations arising in the process of entities carrying out various
activities to exploit producing and using clean energy or stimulating
the efficient exploitation, production and use of clean energy benefits
the whole society.
2.2.2. Principles of clean energy development law
2.2.2.1. Polluter Pays Principles (Polluter Pays Principle - PPP)
2.2.2.2. Payer Principles (Beneficiary Pay Principle - BPP)
2.2.2.3. Principles of sustainable development


10

2.2.2.4. Principle of stimulating economic benefits
2.2.2.5. Principles of fairness
2.2.2.6. Principles of using centralized financial resources
2.2.3. Definition of clean energy development law
The definition of the clean energy development law has a lot

of approaches. In this thesis, the PhD student approaches the process
of building and enforcing clean energy law. Accordingly, this
process includes the following steps:
Step 1: Set goals for clean energy development;
Step 2: Outline measures to implement clean energy
development, including:
- Planning for clean energy development;
- Measures of incentives and support for scientific and
technological development to exploit, produce and use clean energy;
- Preferential measures to support the exploitation, production
and use of clean energy.
- Measures to limit exploitation, production and use of energy
sources that have a negative impact on the environment;
- Identify state management agencies on clean energy
development.
Step 3: Organize implementation.
2.2.3.1. Legislation on objectives and planning for clean energy
development
Firstly, about the goal of clean energy development
The goal of clean energy development must meet the
requirements: Good objectives must be ambitious but must be
realistic; Objectives must be clear, specific, quantified and have a
definite time.


11

Secondly, planning clean energy development
Basic contents of clean energy development law planning
include: Step 1: Planning clean energy development; Step 2:

Appraisal of clean energy development planning; Step 3: Approve
clean energy development planning
2.2.3.2. Legislation on incentives and support for scientific and
technological development to exploit, produce and use clean energy.
Science and technology play a very important role in clean
energy development. Therefore, it is necessary to develop and
improve the legal regulations on preferential measures, support the
development of science and technology to exploit, produce and use
clean energy.
2.2.3.3. Legislation on incentives and support for exploitation,
production and use of clean energy
Preferential and supportive measures for developing clean
energy mainly include: loan incentives; tax preferences; incentives
for land infrastructure
2.2.3.4. Law on measures to limit exploitation, production and use of
energy sources that have a negative impact on the environment
In addition to supporting clean energy development, there
should be measures to limit exploitation, production and use of
energy sources that have a negative impact on the environment.
2.2.3.5. Law on state management agencies in developing clean
energy
The establishment and granting of management authority to
any agency must ensure that no barrier to clean energy development
is created. An agency cannot manage all the contents related to the
clean energy development but requires the coordination of many


12

different agencies. However, the law should clearly stipulate which

agencies are responsible for the main, which agencies are responsible
for coordination.
2.2.4. The role of clean energy development law
The role of clean energy development law manifests itself in
the following key aspects: Legislation is a common code of conduct
that everyone in society must perform when implementing mining
activities, producing and using clean energy; The law prescribes
preferential measures and supports the development of clean energy;
The law stipulates sanctions in the development of clean energy; The
law stipulates technical regulations in the clean energy development;
The law stipulates measures and ways to resolve disputes in clean
energy development; The law guarantees to implement other
measures in clean energy development.
2.2.5. Factors affecting clean energy development law
2.2.5.1. Natural condition
2.2.5.2. Political factors
2.2.5.3. Economical factors
2.2.5.4. Science and technology elements
2.2.5.5. International cooperation
2.2.5.6. Other factors
CONCLUSION OF CHAPTER 2
1. The author of the thesis presents the following views on
clean energy: Clean energy is a renewable energy source and
production, using them environmentally friendly and cost saving.
2. Clean energy development is understood as the process of
entities carrying out various activities to exploit, produce and use


13


clean energy or stimulate the exploitation, production and use of
clean energy. fruit brings benefits to the whole society.
3. Clean energy development law is a combination of legal
regulations issued by competent state agencies to regulate social
relations arising in the process of entities carrying out various
activities to exploiting, producing and using clean energy or
stimulating the efficient exploitation, production and use of clean
energy benefits the whole society.
4. Clean energy development law is developed, completed and
enforced based on the following basic principles: The principle of
polluters must pay; The principle of beneficiaries must pay;
Principles of sustainable development; Principle of stimulating
economic benefits; Principles of fairness; Principles of using
centralized financial resources.
5. The content of clean energy development law is approached
in many different angles. In the thesis, the PhD student approaches
under the view of the process of building and enforcing clean energy
development law.
6. Clean energy development law is affected by natural
conditions, political factors, economic factors, scientific and
technological factors, international cooperation, awareness of
population communities and human resources force.
Chapter 3: CURRENT SITUATION OF CLEAN ENERGY
DEVELOPMENT LAW IN VIETNAM
3.1. Legal provisions on objectives and planning for clean energy
development
3.1.1. Legal regulations on clean energy development goals


14


The target of clean energy development is reflected in
Vietnam's renewable energy development strategy to 2030, with a
vision to 2050 and the national electricity development plan for the
2011-2020 period, with a vision to 2030. These two legal documents
clearly demonstrate the Government's ambition to develop clean
energy. However, the objectives set out in these two documents are
different
3.1.2. Legal provisions on planning for clean energy development
The State has developed a basic legal framework for clean
energy development planning. In addition, the legal provisions in this
area and the implementation process encountered some difficulties.
Specifically: In our country, there are no national energy
development plans with accurate and measured data; The calculation
of natural conditions, socio-economic conditions affecting the
operation of clean energy projects has not been implemented.
3.2. Provisions on incentives and support for scientific and
technological development to exploit, produce and use clean
energy
Preferences and support for clean energy science and
technology development include: Land incentives; Credit incentives;
Improve competitiveness for businesses through scientific research
activities; Tax preferences. However, the reality of scientific
development of clean energy technology in our country has not had
many outstanding achievements.
3.3. Regulations on preferential measures, support for
exploitation, production and use of clean energy
3.3.1. Incentives on investment capital, taxes and fees
3.3.1.1. Preferential investment



15

Investors of clean energy development projects can borrow
credit from Vietnam Development Bank to carry out production and
business activities. However, this Decree only identifies projects that
produce clean energy from credit loans. The reality of investors of
clean energy development projects is not easy to access loans from
Vietnam Development Bank. Fellows have similar views with the
views of scholars Phan Duy An should not establish a clean energy
development support fund because the nature of this fund is not
different from the Environmental Protection Fund, Vietnam
Development Bank.
3.3.1.2. Tax and fee incentives
Clean energy development projects are favored for: corporate
income tax and import tax.
3.3.2. Preferential land infrastructure
Projects on exploitation, production and use of clean energy
are favored in terms of land infrastructure. In the process of
implementing these regulations, the biggest difficulty is that the
region can exploit, produce, use clean energy to be "overlapped" on
other socio-economic planning areas. Besides, the allocation of land
to the owner of clean energy development project is not simple.
3.3.3. Incentives on the output market
Electricity of Vietnam acquires all electricity produced from
clean energy of grid connected factories. However, according to
investors, experts and the Ministry of Industry and Trade, the current
purchase price of electricity is low, investors can hardly profit.
Besides, at present, the legal regulations on grid support are not clear
and in fact, investors still have to buy and install equipment by

themselves.


16

The incentives and support for exploitation, production and
use of clean energy in our country are similar to those of some
countries in the world. However, according to current Vietnamese
law, preferential and supportive measures are mainly aimed at
projects of exploitation, production and use of large-scale clean
energy without considering the projects are small.
3.4. Regulations on measures to limit exploitation, production
and use of energy sources have a negative impact on the
environment
Fossil energy is the object of tax collection for environmental
protection. In addition to environmental protection taxes, gasoline,
naphtha, recombinant preparations and other preparations for mixing
gasoline are also subject to special consumption tax and
environmental protection fees. However, at present, the fossil,
hydroelectric power industry and tropical industry still enjoy certain
incentives to continue to develop.
3.5. Regulations on state management agencies in clean energy
development
According to previous regulations, agencies involved in state
management of clean energy development include: Government,
Ministry of Industry and Trade, Ministry of Finance, Ministry of
Planning and Investment, Department of Electricity Regulation of
Vietnam, General Department of Energy, Electricity of Vietnam
(EVN), Energy Institute, Provincial People's Committee. But now,
the Ministry of Industry and Trade decided to abolish the General

Department of Energy, established three units: Department of Energy
Saving and Sustainable Development, Department of Petroleum and
Coal, Department of Electricity and Renewable Energy.


17

Although the structure is cumbersome, there are many
contents of state management such as managing data on clean energy
potential, building technical standards on equipment for exploitation,
production and use of clean energy ... yet assigned to which agency.
And the abolition of the General Department of Energy will lead to
the fact that many legal documents regulating the authority of this
agency will not be possible.
3.6. Summary of advantages and limitations in the status of the
clean energy development law in Vietnam
- The clean energy development law is currently regulated in
many different legal documents. These documents are usually underlaw documents with low adjustment effect.
- The government has set a target to show the expectation and
vision of clean energy development. However, the goal of clean
energy development differs between legal documents and is not
commensurate with the potential.
- The State has developed a full legal framework as a basis for
subjects to prepare, appraise and approve clean energy development
plans. However, in fact, in our country, there are no national clean
energy development plans with reliable data.
- Regulations on developing science and technology of clean
energy are relatively complete. However, the science of clean energy
technology of our country has not yet developed and has not met the
demand.

- Current law stipulates that only investment projects to build
power plants using clean energy sources can borrow investment
credit from the state. And in practice, investors of clean energy


18

development projects do not easily access loans from Vietnam
Development Bank and other commercial banks.
- Regulations on exemption of corporate income tax, import
tax for clean energy development projects are reasonable. In
addition, clean energy products are not subject to environmental
taxes or excise taxes while fossil energy products are subject to these
two taxes.
- Regulations on infrastructure incentives for projects to
develop clean and reasonable energy. However, the process of
implementing land clearance and land allocation for project owners
is not simple because it must consider other socio-economic plans,
- Vietnam Electricity Group buys all electricity produced from
clean energy of grid connected factories. But the electricity purchase
price is low and there is no mechanism to support grid connection.
- Preferential and supportive measures are mainly aimed at
large-scale clean energy production and exploitation projects that are
not interested in small-scale clean energy exploitation cases.
- Fossil energy must be subject to environmental protection
tax, environmental protection fee and special consumption tax.
However, large energy corporations do not want to develop clean
energy. Electricity selling prices in Vietnam are artificially low
compared to international prices. Clean energy development projects
are mainly deployed in remote areas, so it is difficult to access the

consumer market.
- State management authority on clean energy development is
given to many agencies. However, the agency responsible for
developing clean energy has not been specifically identified.


19

CONCLUSION OF CHAPTER 3
1. The current legal regulations on clean energy development
are regulated in many different legal documents. These documents
are usually under-law documents with low adjustment effect.
2. The Government has set a goal to show the expectation and
vision of future clean energy development. However, the goal of
developing clean energy differs between legal documents.
3. The State has developed a full legal framework as a basis
for subjects to prepare, appraise and approve clean energy
development plans. However, in fact, in our country, there are no
national clean energy development plans with reliable data.
4. Regulations on science and technology development in
general, clean energy science and technology in particular are
relatively adequate. However, the science of clean energy technology
of our country has not developed and has not met the domestic
demand.
5. Investors of clean energy development projects may borrow
capital from Vietnam Development Bank. However, the current law
stipulates that an investment project to build a power plant using
clean energy sources is entitled to borrow investment credit from the
state. And investors of clean energy development projects do not
easily access loans from Vietnam Development Bank.

6. Clean energy development project is entitled to preferential
treatment in terms of corporate income and import tax.
7. Regulations on infrastructure incentives for reasonable
clean energy development projects. However, the process of
implementing land clearance and land allocation for project owners


20

is not simple because it is necessary to consider other socioeconomic plans and get the consent of the people.
8. Electricity of Vietnam acquires all electricity produced from
clean energy of grid connected factories. However, according to
experts, the current purchase price of electricity is hard for investors
to profit. The reason is that the Government intervenes to keep
electricity prices generally low. Regulations on incentives and
support for grid connection are not clear and investors must purchase
and install grid-connected equipment.
9. Preferential measures, support for exploitation, production
and use of clean energy include: preferential investment capital,
taxes (corporate income tax, import tax); preferential land
infrastructure; Incentives for output markets represent the state's
interest in developing clean energy. However, preferential and
supportive measures are mainly aimed at large-scale clean energy
production and exploitation projects that are not interested in smallscale cases.
10. Fossil energy including gasoline, oil and coal must be
subject to environmental protection tax in accordance with the Law
on Environmental Protection Tax in 2010. Besides, gasoline of all
kinds, naphtha, recombinant preparations and Other preparations for
mixing gasoline are subject to special consumption tax at the tax rate
of 10% (Article 7 of the 2008 Special Consumption Tax Law).

However, Vietnam's energy market is being dominated by three
groups, namely Electricity of Vietnam, Vietnam Oil and Gas Group,
Vietnam Coal and Mineral Group. Electricity selling prices in
Vietnam are artificially low compared to international prices because
subsidies for fossil fuels remain. Clean energy development projects


21

are mainly deployed in remote areas, so it is difficult to access the
consumer market. These difficulties are limiting the clean energy
development in our country.
11. Currently, the state management authority on clean energy
development is given to many agencies. These agencies include both
central and local agencies; general competent agencies and
specialized agencies. However, the agency responsible for
developing clean energy has not been specifically identified.
Chapter 4: PERFECTING CLEAN ENERGY DEVELOPMENT
LAW IN VIETNAM AND IMPROVING THE
IMPLEMENTATION EFFICIENCY IN PRACTICE
4.1. Orientation to improve clean energy development law and
improve the implementation efficiency in practice
- Clean energy development law to institutionalize the
Communist Party's viewpoint on developing clean energy.
- Building, completing and enforcing clean energy
development laws must ensure the following principles: The
principle of polluters must pay; The principle of beneficiaries must
pay; Principles of sustainable development; Principle of stimulating
economic benefits; Principles of fairness; Principles of using
centralized financial resources.

- Policies and clean energy development law must be in line
with international and regional integration requirements, especially
international commitments to which Vietnam is a member.
- The improvement of clean energy development law must be
put in the holistic relationship with other law fields.


22

- To concentrate on building and perfecting legal regulations on
exploitation and production of clean energy sources, which Vietnam
has a prospect for development.
- The clean energy development to be successful must have
significant support from the state.
- The clean energy development law needs to be public,
transparent, clear, accessible and feasible.
4.2. Group of solutions to improve clean energy development law
Step 1: Complete the existing clean energy development law.
Step 2: Towards building a specialized law document on clean
energy development.
4.2.1. Complete the current legal regulations on clean energy
development
- Perfecting the target of clean energy development.
- Developing technical standards for technology of
exploitation, production and use of clean energy.
- Completing the regulations on investment credit loan at
Vietnam Development Bank.
- Completing regulations on electricity purchase prices and
grid support.
- Developing and improve support and preferential

mechanisms for small-scale clean energy development projects.
4.2.2. Developing the clean energy development law
We need to develop the clean energy development law. This
law covers the scope of activities that directly exploit, produce and
use clean energy and activities to stimulate the exploitation,
production and use of clean energy; Policies and measures to support
and encourage the state to exploit, produce and use clean energy; The


23

position and role of parties in clean energy development include:
state management agencies, subjects of energy exploitation,
production and use.
4.3. Group of solutions to improve the efficiency of law
enforcement on clean energy development
- Planning for national clean energy development - Develop
pilot clean energy development projects.
- Identifying a state management agency in charge of clean
energy development.
- Developing clean energy technology science.
- Gradually eliminating price subsidies for energy sources that
have negative impacts on the environment.
- Training and developing human resources for exploitation,
production and use of clean energy.
- Promoting the role of the provincial People's Committee on
developing clean energy.
- International cooperation in clean energy development.
- Strengthening propaganda to raise awareness for individuals
and organizations in society about clean energy development.

CONCLUSION OF CHAPTER 4
1. Chapter 4 of the thesis refers to orientations and solutions to
improve clean energy development law and improve the
implementation efficiency in practice. The solutions proposed in
Chapter 4 of the thesis are synchronous and appropriate.
2. The construction and improvement of clean energy
development law in Vietnam and the enhancement of
implementation efficiency in practice need to follow specific
orientations.


×