Answering about administrative penalties when installing rooftop solar power without notice

Thạch Lam |

Installing self-generating and self-consuming rooftop solar power before June 26, 2026 without notification or registration of power source development may be subject to administrative penalties.

According to Chinhphu.vn information portal, Mr. Huynh Nhat Hoa (An Giang) reflected that currently many people and businesses submitting dossiers to notify solar power systems installed before June 26, 2026 are rejected by functional agencies (UBND).

The reason given is that functional agencies only receive notifications for systems preparing for installation (notification at least 10 days before installation time).

Faced with this reality, Mr. Hoa requested functional agencies to clearly guide the process and procedures for submitting standardization notices for self-produced and self-consumed solar power systems that are already existing before June 26, 2026.

Regarding this issue, the Ministry of Industry and Trade has the following opinions:

Clause 2, Article 39 of Decree No. 58/2025/ND-CP stipulates a number of articles of the Electricity Law on the development of renewable energy, new energy power amended and supplemented by Decree No. 243/2026/ND-CP (joined in Consolidated Document No. 52/VBHN-BCT dated June 30, 2026 of the Ministry of Industry and Trade) stipulates that from the date Decree No. 58/2025/ND-CP takes effect (March 3, 2025), organizations and individuals who have installed rooftop solar power sources for self-production and self-consumment but have not not yet notified or registered according to the provisions of Decree No. 135/2024/ND-CP must notify or register according to the provisions of Decree No. 58/2025/ND-CP. If organizations and individuals do not implement it, it is a violation of the provisions of Decree No. 58/2025/ND-CP.

Article 7 of Decree No. 133/2026/ND-CP stipulating penalties for administrative violations in the field of electricity (effective from May 25, 2026) stipulates penalties for administrative violations for acts of not sending notices or registering and stipulates remedial measures as "Forcing to send notices or carry out procedures for issuing Certificates of Registration for development of self-produced and self-consumed rooftop solar power sources in accordance with regulations".

Point a, clause 4, Article 15, clause 2, Article 16 of Decree No. 58/2025/ND-CP (consolidated in Consolidated Document No. 52/VBHN-BCT dated June 30, 2026) stipulates that the sending of notification must be carried out at least 10 working days before the installation date of the power source or must be granted a Certificate of Registration for Development before installing self-produced and self-consumed rooftop solar power; except in cases where the notification or registration is carried out according to the Decision on sanctioning administrative violations in the field of electricity.

At the time Decree No. 243/2026/ND-CP took effect (June 26, 2026), there were different regulations on procedures for notifying and registering power source development compared to regulations in Decree No. 58/2025/ND-CP, the act of organizations and individuals not or not not implementing notification or registration of power source development according to the provisions of Decree No. 58/2025/ND-CP is an act of violating the law, will be subject to administrative penalties and will be forced to implement notification or registration according to the provisions of Decree No. 58/2025/ND-CP (consolidated in Consolidated Document No. 52/VBHN-BCT dated June 30, 2026).

Thus, organizations and individuals who have installed rooftop solar power sources that are self-produced and self-consumed before Decree No. 243/2026/ND-CP takes effect but have not notified or registered for power source development will be administratively sanctioned.

Based on the decision to sanction administrative violations, organizations and individuals shall carry out procedures to notify or register for power source development as prescribed in Decree No. 58/2025/ND-CP (joined in Consolidated Document No. 52/VBHN-BCT dated June 30, 2026).

Thạch Lam
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