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Energy and Renewable Energy

International power investors, EPC contractors and industrial energy users

A renewable-energy investment in Vietnam combines several transactions that are often negotiated at different times: project entry, site rights, equipment procurement, construction, commissioning, power use or sale, and eventual refinancing or exit. Legal problems arise when these agreements allocate responsibilities inconsistently—for example, where a supplier's performance guarantee cannot be tested under the EPC contract, or where the assumed commercial power arrangement does not match the project structure. Justix provides corporate, transaction-contract and dispute assistance within a defined Vietnam-law scope.

Reviewing the project as a set of connected rights

The relevant documents vary significantly between a rooftop system installed for a factory's own consumption, a generating project that sells electricity, an equipment-supply contract and the acquisition of an operating project. A legal review needs to identify the project company, rights to land or roof space, ownership of installed equipment, permitted use, key project agreements and obligations attached to the intended commercial model.

Direct power purchase arrangements and other sector mechanisms require a project-specific review of the applicable rules, parties and technical configuration. Contract wording alone cannot establish whether an arrangement qualifies. Justix can identify the corporate and contractual questions and coordinate defined sector-regulatory or engineering input where such issues are essential to the decision.

EPC, equipment and operations contracts

Construction and supply disputes commonly concern delayed completion, changed technical scope, testing, underperformance, retention money and warranty obligations. Justix can review EPC, supply and O&M terms for completion milestones, evidence of acceptance, variation approvals, performance-test references, security, insurance and allocation of delay risk. The agreed technical parameters need to be linked to records that the parties can actually produce and verify.

When a dispute has already arisen, the chronology may involve change orders, site instructions, commissioning reports, measurement data and payment records. A legal assessment should separate a proven technical failure from a contractual assumption about liability. The necessary engineering determination is then used to assess remedies, negotiation and the selected dispute procedure.

Acquisitions and transaction review

An investor buying into an energy project should consider the rights held by the target entity, existing project documents, major contracts, security arrangements, unpaid obligations and pending disputes. Justix can conduct a scoped review of these materials, prepare contractual comments and identify issues requiring specialist confirmation before signing.

The output of an engagement may be a legal issue report, negotiated agreement, responsibility matrix or dispute plan. Sector-specific electricity regulation, grid connection and engineering conclusions are addressed with appropriately qualified advisers where the assignment requires them.

Common legal issues

The following issues arise in this sector. Legal responsibilities and remedies depend on the contract, evidence, transaction and applicable law.

  • 01

    Investment rights and project documentation

    Corporate rights, project status, site use and planned capacity may not align.

  • 02

    EPC delay and performance exposure

    Time extensions, variations, testing methods, delay costs and completion criteria can be contested.

  • 03

    Power sales and connection conditions

    Different business structures can trigger distinct sector requirements and contractual duties.

  • 04

    Equipment and warranty claims

    Performance guarantees depend on testing protocols and operation or maintenance conditions.

  • 05

    Project acquisition and financing

    Transfer conditions, secured interests, significant agreements and unresolved claims affect deal value.

Justix services

Services for businesses in this industry

Related practice areas

Team in charge

  • Thạc sĩ, Luật sư

    Đoàn Văn Tùng

    Luật sư

    Tố tụng & Giải quyết tranh chấp

    15 years of experience

  • LL.M.

    Nguyễn Phúc Mạnh

    Head of Corporate Legal Affairs & Contracts

    Corporate legal affairs, contracts and employment law

    10 years of experience

  • Jurist

    Trần Thanh Nhàn

    Head of Corporate Legal Department – Licensing and Administrative Procedures

    Intellectual Property & Corporate

    9 years of experience

  • Lê Duy Định

    Head of Litigation Team 01

    Criminal & Civil

    10 years of experience

Frequently asked questions

Can foreign investors develop a renewable-energy project in Vietnam?

Investment, location, capacity and sector conditions require a project-specific review before commitments are made.

Do rooftop and utility-scale solar projects follow the same framework?

Not necessarily; treatment may differ according to capacity, use, sale of power and technical arrangement.

Can a factory buy electricity directly from a generator?

Eligibility and contractual structure must be checked against the framework currently applying to the proposed arrangement.

What risks should an EPC contract allocate?

Scope, completion, changes, performance tests, security, delay allocation, payment and warranty mechanisms are central.

What should a buyer check in an energy project acquisition?

Project rights, legal entity, key contracts, secured interests, disputes, transfer conditions and regulatory compliance.

Does Justix provide grid engineering advice?

Legal review can be scoped, but specialist grid and engineering services require qualified technical advisers.

Can Justix take a single matter rather than a retainer?

A defined contract review, legal opinion, negotiation or dispute may be accepted as a standalone engagement, with documents and deliverables agreed before work begins.

Can Justix act as ongoing external Vietnam counsel?

An engagement may specify work categories, a legal contact, reporting, response arrangements and fees. Litigation or specialist work outside scope is addressed separately.

How are legal fees determined?

Fees depend on complexity, documents, urgency, scope and representation. A written proposal should identify assumptions, deliverables and excluded work.

Who handles the matter and how is confidential information protected?

The engagement should identify responsible personnel, professional review, access to records and confidentiality terms, including any agreed specialist participation.

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