TA-9600 REG: Southeast Asia Energy Sector Development, Investment Planning and Capacity Building Facility - Development and Scaling-Up ESCOs in Viet Nam (52096-001)

TA-9600 REG: Southeast Asia Energy Sector Development, Investment Planning and Capacity Building Facility - Development and Scaling-Up ESCOs in Viet Nam (52096-001)

Date Published: 18-Mar-2023

Deadline of Submitting EOI: 10-Apr-2023 04:00 PM Manila local time

SELECTION PROFILE

Consultant Type: Firm

Selection Method: Simplified Consultants' Qualifications Selection (SCQS)

Selection Title: Southeast Asia Energy Sector Development, Investment Planning and Capacity Building Facility

Package Name: Development and Scaling-Up ESCOs in Viet Nam

Engagement Period: 8MONTH

Consulting Services Budget: USD 130,000

Source: National

Technical Proposal: Single-Stage Proposal (SSP)

Approval Number: 9600

Approval Date: 01-Oct-2018

ADDITIONAL INFORMATION

Country of assignment: Viet Nam

Country of eligibility for national consultants: Same as country of assignment

TERMS OF REFERENCE

Primary Expertise: Legal Advisor

Objective and Purpose of the Assignment

On 1 October 2018, the Asian Development Bank (ADB) approved a new Transaction Technical Assistance Facility for Viet Nam: F-TRTA 9600: Southeast Asia Energy Sector Development, Investment Planning and Capacity Building Facility (the TA). The overall targets of the TA are to enhance RE & EE deployment and power system efficiency and contribute to climate change mitigation in Viet Nam. Main Vietnamese stakeholders in the TA are the Ministry of Industry and Trade (MOIT), the Electricity and Renewable Energy Authority (ERAV), the Department of Energy Efficiency and Sustainable Energy (DEESD), the Electricity Regulatory Authority of Viet Nam (ERAV), The State Bank of Viet Nam (SBV), and Viet Nam Electricity (EVN).

The TA’s Energy Efficiency Component is expected to help the Government of Viet Nam, specifically MOIT and DEESD to: a. Assess existing legal/regulatory constraints and recommend solutions to enable the preparation and implementation of EE projects through ESCO and PPP structures; b. Identify the areas of regulatory needs through a combination of regulatory review, policy dialogue with various government agencies, prepare draft government regulations, draft templates and contracts, support for promulgating improved regulations; and capacity building; c. Study and design the national EE fund which is proposed in the approved National Energy Efficiency and Conservation Programme in 2019 – 2030 period (VNEEP3); and d. Prepare city/provincial energy efficiency action plans for city/provincial governments.Regarding the development and scaling up of Viet Nam’s ESCO industry, there have been a number of activities from international donors in this area, including market assessment and capacity building efforts for agencies and local stakeholders (for example, World Bank 2018, 2019). Although regulatory barriers and industry opportunities have been identified by these efforts, there has not been an opportunity to address regulatory barriers directly and specifically through inputs to the regulations such as Electricity Law, The Law on Energy Efficiency and Conservation, or through specific guidance by MOIT. This study scope will primarily focus on improving the existing regulatory framework. This support is intended to help prepare MOIT, DEESD, and other stakeholders including EVN, MOF, CMSC, and others in scaling up ESCO activities in order for Viet Nam to meet its national energy efficiency goals, and global commitment of its Nationally Determined Contributions (NDC) targets. Therefore, the proposed objectives for this study include:i. Identify the areas of regulatory and legal changes through a combination of regulatory review, analyses of existing studies (ADB, WB, others), detailed policy dialogues with the Ministry of Finance as well as with other key government agencies (EVN, SBV, etc.), commercial banks, and working with key sectors (public buildings, street lighting); ii. Recommend the specific changes and/or additions (amending and supplementing) to the existing regulatory framework (EE Law, and other regulations, as determined by the consultants) and with analyses to clarify the reasons that the changes and additions are needed for supporting EPC adoption and promoting Viet Nam’s ESCO market; and iii. Advise MOIT with regards to the preparation of necessary sub-law regulations, including but not limited to decrees, circulars, decisions, and the necessary details for ESCO industry development activities.