Pháp luật về các biện pháp khuyến khích, hỗ trợ phát triển năng lượng tái tạo ở việt nam hiện nay TT TIENG ANH

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES PHAN DUY AN LAW ON INCENTIVE AND SUPPORTIVE MEASURES FOR RENEWABLE ENERGY DEVELOPMENT CURRENTLY IN VIETNAM Major: Economic Law Major code: 38 01 07 JURISPRUDENCE Ph.D THESIS SUMMARY HANOI - 2021 Research work completed at: ACADEMY OF SOCIAL SCIENCES, VIETNAM ACADEMY OF SOCIAL SCIENCES SUPERVISORS: Ph.D PHẠM SỸ CHUNG Ph.D NGUYỄN ANH SƠN Reviewer 1: Assoc Prof Ph.D Nguyễn Quang Tuyến Reviewer 2: Assoc Prof Ph.D Lê Thị Thu Thủy Reviewer 3: Ph.D Đặng Vũ Huân The thesis was defended in front of the Academy level doctoral thesis grading committee at the Academy of Social Sciences Vietnam Academy of Social Sciences Time: …, dated … The thesis can be found in the following libraries: - National Library - Social Sciences Academy’s Library OPENING Rationale Our country’s economy is developing at a high speed, accompanied by a sharp increase in energy demand This is a problem that poses significant challenges when primary energy sources such as coal, oil and gas are exhausted and not enough for domestic demand According to the Project on Adjusting the National Electricity Development Planning for the period 2011-2020 with a vision to 2030 (referred to as the Adjusted Power Master Plan VII) using RE, creating breakthroughs in ensuring national energy security, contributing to the conservation of energy resources, and minimizing negative impacts on the environment in electricity production In terms of natural conditions, Vietnam is a country with great potential for RE sources However, so far, this energy source accounts for only a tiny amount of the country's total electricity capacity… One of the reasons above is that State policies and laws not have many specific and synchronous regulations to encourage and support RE development sources Stemming from the above situation, the author chooses the topic "Law on incentive and supportive measures for Renewable Energy development in Vietnam today" with the desire to contribute to supplementing and perfecting the legislation system in the field of RE; ensure the legitimate rights and interests of investors, as well as encourage the exploitation and development of RE sources that are lacking in Vietnam today; at the same time, contribute to the objective task of ensuring energy security in Vietnam for coming decades Aims and Objectives: 2.1 Aims - Analyze theoretical issues of RE development concerning sustainable development - Analyze the legal status and practice of law enforcement on incentive and supportive measures for RE development; research on trends and issues related to the regulatory law on incentive and supportive measures for RE development in Vietnam - Proposing solutions to perfecting the law on incentive and supportive measures for RE development, on that basis, to encourage scientific research, investment in exploitation and effective use of RE, meet the demand for energy security in Vietnam 2.2 Objectives: - Analyze and interpret theoretic issues related to incentive and supportive measures for RE development; - Analyze, evaluate the actual situation and clarify the legal provisions on encouraging and supporting RE development currently in Vietnam; - Detecting contradictions, inadequacies and gaps of current legal regulations On this basis, the study will evaluate difficulties, obstacles, strength (advantages) and find out the existing causes; - Proposing views, solutions and recommendations to improve the law on encouraging and supporting the progression of RE in Vietnam; thence, encouraging scientific studying; invest in exploiting and using RE effectively, meeting the demand for energy security in Vietnam Subjects and Scope of the study 3.1 Research subjects: - All legal provisions and policies related to incentive and supportive measures for RE development in Vietnam and experiences of countries in the world - Practice of law enforcement on incentive and supportive measures for RE development in Vietnam; 3.2 Scope: Conforming to the source of documents and information related to RE, the research scope of the thesis is limited by the following specific issues: First, about the scope of research: The thesis focuses on studying the provisions of the law and the current law enforcement on incentive and supportive measures for RE development and orientations for RE development according to the guidelines and policies of the Party and laws of the State Second, about research time: The thesis studies the law on incentive and supportive measures for RE development and some typical cases from 2007 to the present Research Methods: The research methods are based on the methodological basis of Marxism-Leninism on dialectical materialism, historical materialism, the point of view of the Communist Party of Vietnam; The traditional research methods of legal science: synthesis, analysis, comparison, statistics are used in the research process Analytical and synthesis methods are the methods used throughout the thesis The comparative method is used to compare the legislation governing RE between Vietnam and some developed countries in the RE industry Novel scientific contributions of the thesis: - Systematize and contribute to the development and supplement of theoretical and practical bases on incentive and supportive measures for the RE development in our country in the current period - Fully and comprehensively assess the current status of the legal system, the practice of applying the law, and point out the advantages, disadvantages and limitations of the law on incentive and supportive measures for RE development in past time - Develop orientations and solutions to improve the legal system on incentive and supportive measures for RE development, contributing to promoting the exploitation and use of RE in the future for sustainable development of the country Theoretical and practical significance of the thesis: Theoretically, this is the first study on the law on incentive and supportive measures for RE development in Vietnam at the doctoral thesis level Practically, the solutions of the thesis are given with the aim of clarifying the position and importance of RE development as indispensable in the sustainable development of the country in the context of industrialization, modernization and integration Vietnam’s international imports in the current period In addition, the thesis also analyzes, synthesizes and gives scientific viewpoints to recommend the development and improvement of the State’s legal regulations on encouraging and supporting RE development in Vietnam, meeting the needs of economic development, society and energy security of Vietnam in the coming time Thesis structure: In addition to the Declaration, the list of abbreviations used in the thesis, the table of contents, the introduction, the conclusion, the list of research works related to the thesis have been published and included in the list of references The content of the thesis consists of chapters Chapter RESEARCH OVERVIEW AND THEORETICAL BASIS OF RESEARCH 1.1 Research overview: The topic "Law on incentive and supportive measures for RE development in Vietnam today" is one of the parts of the law on economic 1.1.1 Status of theoretical research on incentive and supportive measures for RE development 1.1.1.1 Status of conceptual research on incentives and support measures The concepts of "encouragement" and "support" are used in several legal documents, with different approaches and no standard definition, for uniform application 1.1.1.2 Status of theoretical research on incentive and supportive measures for RE development - The documents all agree on the approach to this issue based on the principle "Polluter should pay", "Benefits of natural resources and environment must pay", "Stimulating economic benefits” and “Public intervention” - In the book “The White Paper on Renewable Sources of Energy and the Proposal on the promotion of electricity from Renewable Sources of Energy”… published by the European Commission (EC) in 1997, 2011 is an important document, showing: energy policy is fundamental, a vital element of each country in the process of sustainable development; Choosing the right legal tool is art when formulating legal regulations; Introduce the basic principle called "Pigouvian", which implies that pollution must be determined by the external cost, represented by taxes on emissions to the environment, to limit the negative impact on the environment… 1.1.2 Research on the legal status of incentive and supportive measures for RE development Considering the relationship between related Laws, including Law on Electricity, Law on Environmental Protection, Law on Investment The research works were carried out and completed at different times, so the analysis Analyze and comment on legal regulations at different times… 1.1.3 Situation of practical research on the implementation of the law on incentive and supportive measures for RE development Practical research in RE investment projects, including wind power, solar power, biomass and some other RE projects… 1.1.4 Research situation on directions, opinions and solutions to improve the law on incentive and supportive measures for RE development The references mainly focus on the directions, viewpoints as well as solutions to improve the policy , there is no document specifically mentions the directions, opinions and solutions to improve the law on incentive and supportive measures for RE development 1.1.5 Several comments on the research situation Research works and studies conducted domestically and internationally have analyzed incentive and supportive measures for RE development from different angles RE is a new issue, so there are few scientific and legal research works on this Until now, Vietnam has not had any legal scientific research at the doctoral level related to the topic of "Law on incentive and supportive measures for RE development currently in Vietnam" fully and comprehensively 1.2 Theoretical foundations and research methods 1.2.1 Theoretical foundations The thesis is carried out on the basis of basic principles of conflict regulation between economic growth trends and regulations on environmental protection in the market economy , including: “Polluter should pay” principle (PPP); “Benefits must pay” principle (BPP); “Public intervention” principle… The thesis is also carried out according to selectively absorbing the views and experiences of countries around the world 1.2.2 Methodology: The general methodology to study all the contents of the thesis is dialectical materialism, the views of the Party and the State on encouraging and supporting RE development in the process of sustainable development The thesis must use many different research methods, such as systematization, analysis and synthesis, comparative jurisprudence, statistics, specific history, especially legal analysis method To accomplish the research objectives, a harmonious combination of methods have been applied Conclusion of Chapter 1 Researching issues related to the law on incentive and supportive measures for RE development is an issue that has been of interest to scientists worldwide In Vietnam, there have been many studies on measures to develop RE from different angles, but the research works from the legal perspective are still limited The author builds the thesis on the theoretical foundation of theories of legal science, economic science and environment to conduct research, using flexible and suitable methods for each part and chapter of the thesis The researched and summarized contents in Chapter are the basis for the author to delve into the analysis and evaluation of concepts about incentive and supportive measures for RE development and legal regulations on incentive and supportive measures for RE development as well as the experiences of countries around the world in developing and using these measures Lessons learned from experience for Vietnam will be presented in the following sections and chapters of the thesis Chapter THEORETICAL ISSUES ON INCENTIVE AND SUPPORTIVE MEASURES FOR RENEWAL ENERGY DEVELOPMENT AND LAW ON INCENTIVE AND SUPPORTIVE MEASURES FOR RENEWAL ENERGY DEVELOPMENT 2.1 Theoretical overview of RE and incentives, supportive measures for renewable RE development 2.1.1 The concept, characteristic, role and classification of RE: a) The concept of RE RE is “energy extracted from water, wind, sunlight, geothermal, ocean waves, biofuels and other RE resources.” (Clause 1, Article 43 of the Law on Environmental Protection 2014; Article Law on Economical Use of Energy 2010) b) Characteristic of RE First, RE has rich and diverse potential Second, RE is a clean energy source Third, RE is often unstable and has wide-ranging effects Fourth, Electricity produced from RE requires technology and high initial investment costs c) The role of RE - Contributing to reducing greenhouse gas (GHG) emissions, protecting the environment, mitigating climate change, global warming & CO2 emissions, etc - Contributing to meeting the energy needs of society, increasing diversity in energy supply, reducing dependence on NLSC - Using RE contributes to reducing investment costs in electricity grid infrastructure, allowing supply electricity to places where the national grid has not yet reached… - Technologies using RE require high construction investment costs (one-time investment), but when operating, they will benefit for many years because of low operating costs (because there is no fuel cost or very little) - RE provides essential public health benefits because it is a clean, non-polluting energy 2.2 Theoretical issues of law on incentive and supportive measures for RE development 2.2.1 Legal concepts on incentive and supportive measures for RE development The law on incentive and supportive measures for RE development is considered as a part of the law on economy, energy, investment and environment They have interference with each other, including regulatory systems; legal principles governing the use of incentive and supportive measures for RE development; rights and obligations of subjects; the order, procedures and forms of handling violations of the law on economy, energy, investment and the law on environmental protection 2.2.2 Content of the law on incentive and supportive measures for RE development First, directly related to the investment, exploitation and use of RE of organizations and individuals Secondly, directly related to the process of impact on the environment for investment projects in exploitation and use of RE of organizations and individuals Third, include institutions to ensure law enforcement on support, investment assurance and environmental protection to meet requirements and tasks in the current period 2.2.3 Basic principles of developing and applying legislation on incentive and supportive measures for RE development a) The principle that polluters must compensate b) The beneficiary-pays principle (BPP): c) The principle of command-administration (public intervention) d) Principles of stimulating economic benefits 2.2.4 Basic criteria to determine the appropriateness of the law on measures to encourage support and development of RE First, the comprehensiveness of the law on incentive and supportive 11 measures for RE development Second, the uniformity of the law on incentive and supportive measures for RE development Third, the suitability of the law on incentive and supportive measures for RE development Fourth, the law on incentive and supportive measures for RE development must be developed at an advanced legal technical level 2.2.5 Sources of legislation on incentive and supportive measures for RE development Sources of legislation on incentive and supportive measures for RE development is the synthesis of national legal documents and international treaties on investment, trade, enterprises, environmental protection in general and incentive and supportive measures for RE development in particular… 2.3 Experiences of some countries in the world regarding legislation on incentive and supportive measures for RE development and suggestions for Vietnam 2.3.1 Experiences of European countries: a) About the law: First: Countries are responsible for setting and meeting national targets for energy consumption in each country, corresponding to each period, with projections for the future, in line with national commitments economic…; Second: The EU also determined that it would be unfair if electricity and thermal energy extracted from RE had to compete with power plants using fossil energy Third: Countries respect and consistently apply the principles "Polluter is responsible for compensation" and "Beneficiary is responsible for paying" Fourthly: Disseminate and provide a system of solutions to increase the exploitation and use of RE in the EU b) Measures to encourage and support RE development Increase revenue for the state budget by including environmental 12 costs in product prices according to the principle of "Polluter pays - PPP" and "Beneficiaries of natural resources and environment must pay" – BPP”, using tools: Investment subsidies; 3rd party financial support; Tax preferences; Public procurement of RE technology equipment; Preferential regulation on electricity price (Feed-in tariff); Quota obligations 2.3.2 Experiences of Asian countries: Similar to European countries, there are similar principles, using the main tools: Reduction or exemption of certain types of tariffs, such as corporate income tax, import tax, value-added tax ; Allows rapid depreciation of assets; incentives and support on capital and interest rates; Support to prepare detailed project reports and project feasibility reports; Developing specialized laws to manage RE Conclusion of Chapter RE is a broad, scientific concept, which is different from RE, new energy and clean energy The exploitation and use of RE without strict regulations and management of RE The state still has the same risk of causing environmental pollution as other energy sources Incentive and supportive measures for RE development are seen from many different angles, of which its common goal is towards sustainable development, combining economic development with environmental protection Developed countries have applied diversely and successfully incentive and supportive measures for RE development in order to promote RE development leads to replacing RE sources The theoretical issues of the law mentioned in this chapter have an important meaning, which is the foundation for correct assessment and assessment of the legal status of incentive and supportive measures forfor RE development in Vietnam in Chapter 13 Chapter LEGAL PRACTICE ON MEASURES TO ENCOURAGE, SUPPORT ER DEVELOPMENT IN OUR COUNTRY TODAY 3.1 Legal status of incentive and supportive measures for RE development: 3.1.1 Legal status of incentive and supportive measures for RE development in accordance with laws on electricity First, the gap in the RE market, in which the Electricity Law still stipulates that the State has a monopoly in transmission, dispatching, construction and operation of large power plants, etc., is not appropriate with Resolution No 55-NQ/TW dated 11/02/2020 Second, the conflict between the provisions of the Electricity Law and the Planning Law , in order to carry out the planning and development of power projects, we must wait for the guidance of the Planning Law Third, the implementation of the Electricity Law: there is no uniform guidance and regulation on the price of RE ; The system of sublaw documents is still scattered and inconsistent Fourth, regulations on electricity prices from RE sources still have many problems and inadequacies… 3.1.2 Legal status of incentive and supportive measures for RE development in accordance with the laws on environmental protection and the laws on investment a) Economic tools in environmental protection: some principles have not yet been specified, such as the principle that "people who benefit from natural resources and the environment must pay" b) Regarding the clean development mechanism for RE development projects: there are no solutions to encourage CDM registrations and purchase and sale of CERs for many reasons c) Regarding the Environmental Protection Fund: the operation of the Environmental Protection Fund still has many shortcomings, there are 14 contradictions, and it is unclear about the functions and tasks of the Environmental Protection Fund and the Sustainable Energy Development Fund as stipulated in the RE Development Strategy d) Regulations governing on construction investment and environmental protection for specific RE development projects: there are no regulations governing other energy sources, such as offshore wind power, biomass, geothermal… 3.1.3 The legal status of incentive and supportive measures for RE development in accordance with the laws on efficient use of energy Until now, there have not been any sub-law documents guiding the implementation of contents to encourage the exploitation and use of RE, and at the same time, there have not been any measures to affect or even coerce to exploit and use RE requires the subjects to be responsible for complying with the regulations 3.1.4 Legal status of incentive and supportive measures for RE development under the law on finance and banking Legal document system is not synchronized, precisely: There is no complete regulation on financial avoidable cost tariff applied to each type of RE exploitation and use project; There is no regulation on the source of support for RE projects that are in the planning approved by the Ministry of Industry and Trade, the Provincial People's Committee or have the type of RE technology, investment scale, specific investment location with higher cost in comparison with electricity prices avoid financial costs; and there is no regulation on funding of domestic banks and credit institutions for RE project investors; There is no regulation on carbon tax (CO2) 3.2 Practical implementation of law on incentive and supportive measures for RE development 3.2.1 The awareness of responsibility of the entities participating in State management and development of RE sources - Authorities have not regularly organized inspection, examination, and publicized inspection and examination decisions for 15 people to supervise - There is no regulation on the responsibilities of investors and competent state agencies in consulting in environmental impact assessment for construction projects in general and energy in particular, especially the opinions of the affected population and the scientific opinions of experts in the field - The disruption of the planning continuously occurs, both the responsibility of the state management agencies in the appraisal and licensing and the responsibility of the investors in the implementation process 3.2.2 Guidance, implementation and legal documents under the law promulgation There are no specific regulations and guidelines for exploitation and development of RE not for the purpose of grid connection ; The time to disseminate and implement the Law documents into practical life is long ; There are many documents calling for and orienting, but lacking a mechanism to deploy and implement 3.3 Causes leading to limitations in legal regulations and law implementation practices on encouraging and supporting RE development 3.3.1 Inadequacies in the promulgating legal documents on RE process of developing and First: The legal system on supporting and encouraging RE development is still lacking and has many loopholes Second, the competent state agencies have not had close coordination with each other in the promulgation of legal documents, leading to the situation that the legal system is still contradictory, not synchronized, in the same field situation with different regulations 3.3.2 Inadequacies in law enforcement - The process of implementing the statute is still slow Even until now, many regulations have not been concretized; - Lack of control and management over planning and project 16 construction leading to disruption of planning, the risk of causing severe harm to biodiversity and natural resource conservation ; - The coordination in implementing RE development goals in some functional agencies is not close and consistent; The work of inspection, examination, detection of violations and publicity of inspection and examination conclusions has not been focused - Propaganda and campaigns are not effective In recent times, state agencies have focused mainly on the management of primary energy exploitation by state economic groups; however, have not paid much attention to the propaganda and mobilization of the domestic groups and foreign organizations, enterprises and individuals participating in exploiting projects using RE Conclusion of Chapter Vietnam is a developing country with certain advantages and disadvantages in RE development and ensuring reduction of greenhouse gas emissions and environmental protection In the past, state agencies have made positive changes in the systematization of legal regulations to develop RE to meet the socio-economic development goals, along with their responsibilities for environmental protection, ensuring national energy security Legislative activities of the National Assembly in recent years have had many positive changes Currently, the legal regulation system in the field of industrial development in general, development of RE in particular, has met meet socio-economic development goals, go hand in hand with environmental protection responsibility, ensure national energy security, attract investment capital in RE exploitation and use projects, raise awareness , the responsibility of the community in environmental protection.3 In addition to the achieved results, the legal system of legal documents on measures to support and encourage RE development such as the provisions of the Electricity Law, the Law on Investment, the Law on Environmental Protection related to support and encouragement There are still many limitations and inadequacies in encouraging RE development; public authorities not have enough management measures and tools to intervene and promote RE development; promulgated documents are 17 encouraging and unfeasible in practice; many regulations are still contradictory and overlapping, reducing the effectiveness of enforcement; there is no strong enough sanctions to provide financial support for RE development; the sense of responsibility of agencies, organizations and individuals in the process of exploitation and use of RE is not high; some localities develop development plans for projects on energy exploitation and use in a fragmented manner, out of sync with infrastructure In this chapter, the author has pointed out the causes leading to the shortcomings and difficulties in the implementation and application of practical laws such as the lack of strict enforcement of the law, many shortcomings in the construction process drafting and promulgating legal documents, propaganda and mobilization in the community is still not adequate 18 Chương ORIENTATIONS, SOLUTIONS FOR REFORM OF THE LAW AND IMPROVEMENT OF LAW IMPLEMENTATION EFFICIENCY ON MEASURES TO ENJOY AND SUPPORT RENEWAL ENERGY DEVELOPMENT CURRENTLY IN VIETNAM 4.1 Orientations to improve the law on encouraging measures to support RE development currently in Vietnam The State should have the following views and orientations to perfect the legal system on encouraging and supporting RE development as follows: 4.1.1 Institutionalizing the Party's lines and views: 4.1.2 Thoroughly respect the legal principles in the process of legislation and law enforcement: 4.1.3 Unifying direction and administration in RE development in association with economic, social and environmental development goals: 4.1.4 Create a favorable and stable environment, remove barriers to RE development, including legal barriers: 4.1.5 Maximize resources to develop RE: 4.1.6 Strengthening state management capacity at all levels in regulating RE development and use; building and ensuring human resources for RE development: 4.2 Solutions to improve the legal system and law implementation efficiency on incentive and supportive measures for RE development in Vietnam 4.2.1 Solutions to improve the legal system on incentive and supportive measures for RE development 19 a) Selectively absorb the experience of countries around the world in the process of finishing law to develop RE, specifically: the formulation of measures to encourage and incentive the development of RE must be take steps step by step, carefully following practical conditions, absolutely not in a hurry; solving problems related to measures to stimulate economic benefits, coupled with the responsibility of environmental protection, creating competitive advantages between RE and NLSC is a condition for RE to be developed and on the basis of assessing the the impact of regulation on social life b) Review the current legal system, to ensure that there are no overlaps, contradictions, and gaps in the laws - Amending and supplementing the Electricity Law: about the RE market and the fixed price mechanism for RE sources; supplement regulations on the responsibilities of relevant ministries and branches in formulating the national and local RE development and use planning; Develop a national program on RE; Building a portfolio to support RE development projects ; amending and supplementing contents specified in the Electricity Law does not conflict with the provisions of the Planning Law - Amending and supplementing regulations on taxes, fees, and charges: Tax incentives for RE development projects…; impose a carbon tax (CO2), according to the principle "Polluter must pay the cost of environmental treatment, remediation, improvement and restoration" - Comprehending the provisions of the Law on Environmental Protection: It is necessary to have regulations on mandatory quotas for RE (quota/quota obligation); study the regulations on environmental permits - Amending and supplementing provisions of the Law on Bidding related to public procurement of RE technology equipment: Public procurement for RE technology equipment; the Government sets targets 20 on the number, scope, and content of implementing projects, conditions and criteria for project developers to participate in bidding - Supplement regulations on management, use of capital and financial support from the 3rd parties: This is the measure that the Government is aiming to adopt through regulations on preferential interest rates, loan guarantees, providing consulting activities at commercial banks, credit institutions for organizations, individuals wishing to exploit and use RE for business or daily life purposes - Formulate a roadmap to promulgate the Law on RE: Currently, Vietnam does not have a Law on RE, legal regulations related to RE are scattered in different specialized legal normative documents such as the Electricity Law, Investment Law, Environmental Protection Law Experiences of other countries show that, in order to ensure the harmonization of interests between the State and the investors of RE development projects, the promulgation of the Law on RE is very necessary… 4.2.2 Solutions to improve the law implementation efficiency on incentive and supportive measures for RE development a) Expeditiously bring the law to life For regulations that have been promulgated (such as the Law on Electricity, the Law on Economical and Efficient Use of Energy) and have just been promulgated, which have not yet taken effect (such as the Law on Environmental Protection in 2020) on incentives and supportive RE development as specified in specialized legal documents, state agencies need to urgently have detailed regulations to guide or propagate and disseminate to responsible entities b) Review and perfect the organizational structure, establish a specialized management agency to manage and support RE exploitation, specifically: Consolidating the Environmental Protection Fund in Vietnam, reviewing the organization powers and duties of the state management agency in charge of renewable energy c) Raise awareness and responsibility of entities involved in the process of energy exploitation and use, including renewable energy 21 Conclusion of Chapter During the past development period, countries around the world have rushed to develop science, technology and technology to exploit and use RE efficiently, contributing to greenhouse gas reduction and environmental protection Vietnam is one of the countries with potential for RE development, but the exploitation and use of RE for social life in our country is still limited There are many reasons for these limitations One of the reasons is that the legal system governing this issue in our country is still lacking, with many loopholes, contradictions and inconsistencies While many countries around the world have been rushing to develop RE decades ago, so far, remarkable results have been obtained If Vietnam does not urgently improve the legal system to facilitate RE development, it will not fulfill the set economic, social and environmental goals The author has given viewpoints, orientations and measures to improve the legal system on incentive and supportive measures for RE development in Vietnam today, contributing to promoting the exploitation and use of RE in social life, reduce dependence on RE sources, ensure the sustainable development of the country 22 ENDING Using RE sources can replace fossil energy sources that are now gradually depleted and contribute to reducing greenhouse gas emissions, reducing the impact of climate change and stabilizing and ensuring energy security for the country, contributing to the implementation of the National Strategy on Green Growth, Vietnam's commitment in the COP 21 Summit (Paris, 2015) and the goal of RE development set by the Politburo in Resolution No 55- NQ/TW Although Vietnam has made many efforts to promote the development of electricity from RE and this has been considered in the system of legal documents, the structure of electricity from RE here is still not specific and inadequate with the abundant potential of RE resources in our country and at the same time have not met the target set out on development of RE sources in Vietnam's RE development strategy to 2030, with a vision to 2050 In order to realize the research objective is to analyze and interpret the theoretical issues of RE development in relation to sustainable development, to clarify the current situation, trends and issues related to RE development laws on incentive and supportive measures for RE development in Vietnam, thereby proposing views and solutions to overcome limitations, exist and promote existing advantages, encourage research scientific research, investment, exploitation and use of RE in Vietnam The thesis has achieved certain research results, has made new contributions to science, has theoretical and practical significance However, the research content of the thesis is a new, complicated issue with many different points of view, so there are still many contents that need to be researched and further researched, in order to get full conclusions and more precisely including - Research combined with natural science, in calculating and analyzing the demand for electricity production from RE, there is a total solution to support and encourage RE development, ensure energy security, 23 sustainable development and achieve expectations, as set out by the Politburo, that the proportion of RE sources in the total RE supply will reach about 15-20% by 2030; 25 - 30% by 2045; - Research in more detail the financial and legal tools in environmental management and protection, especially in detail each economic tool to support and develop RE - Research the law on national planning, local planning, sectoral planning, in which the planning of RE sources needs to be studied more fully in the overall national and local energy planning development, ensuring the overall balance of the national energy system with the future development conditions of the country This is also an opening point for further research and a basis for jointly building a specific action plan to contribute to the shared global goal of reducing greenhouse gas emissions and preventing climate change The author hopes that the research results of the topic will be a useful reference not only for legislators, teachers, and scientific researchers in the field of environmental law, economic law in legal training institutions in our country, enriching theoretically and practically in the research process of RE in Vietnam 24 LIST OF THE THESIS DISCLOSED WORKS Phan Duy An (2011), Tiếp cận nguồn tài chủ đầu tư dự án phát triển phát triển lượng tái tạo Việt Nam nay, Journal of Sustainable Development Research, No (32), Hanoi Doãn Hồng Nhung, Phan Duy An (2012), Phát triển lượng tái tạo thời kỳ cơng nghiệp hóa, đại hóa đất nước, Natural Resources & Environment Magazine, No 5, Hanoi Phan Duy An (2013), Topic 3.8, “Phát triển lượng trước yêu cầu phát triển bền vững Việt Nam bối cảnh hội nhập quốc tế, State-level project KX.02/11-15 “Nghiên cứu sở khoa học xây dựng hoàn thiện sách pháp luật bảo đảm phát triển bền vững Việt Nam bối cảnh hội nhập quốc tế”, Ministry of Justice, Hanoi Phan Duy An (2016), Hoàn thiện hệ thống pháp luật khuyến khích phát triển lượng tái tạo, Scientific research results and technology application, Industry and Trade Journal, No 10, Hanoi Phan Duy An (2016), Developing energy resources before the requirements of sustainable development, The Journal of Democracy and Law, http://tcdcpl.moj.gov.vn, Hanoi Phan Duy An (2016), Nhận diện số khó khăn, vướng mắc trình xây dựng, áp dụng pháp luật phát triển lượng tái tạo Việt Nam nay, Journal of Human Resources and Social Science, No 12, Hanoi ... research process of RE in Vietnam 24 LIST OF THE THESIS DISCLOSED WORKS Phan Duy An (2011), Tiếp cận nguồn tài chủ đầu tư dự án phát triển phát triển lượng tái tạo Việt Nam nay, Journal of Sustainable... Democracy and Law, http://tcdcpl.moj.gov.vn, Hanoi Phan Duy An (2016), Nhận diện số khó khăn, vướng mắc q trình xây dựng, áp dụng pháp luật phát triển lượng tái tạo Việt Nam nay, Journal of Human... phát triển bền vững Việt Nam bối cảnh hội nhập quốc tế, State-level project KX.02/11-15 “Nghiên cứu sở khoa học xây dựng hồn thiện sách pháp luật bảo đảm phát triển bền vững Việt Nam bối cảnh hội