Mr. L.D. Q in Hanoi reflected that he referred to Decree No. 135/2024/ND-CP stipulating mechanisms and policies to encourage the development of self-produced and self-consumed rooftop solar power, then self-produced and self-consumed rooftop solar power is understood as electricity invested and self-produced by organizations and individuals to serve their own usage needs.
Mr. Q asked, in the case that enterprise A rents the roof from enterprise B, invests in a rooftop solar power system, and then sells electricity to enterprise B to serve the production and business activities of enterprise B, is this in accordance with the provisions of Decree No. 135/2024/ND-CP?
Regarding this issue, the Ministry of Industry and Trade has the following opinions:
Decree No. 135/2024/ND-CP dated October 22, 2024 of the Government has expired from March 3, 2025, replaced by Decree No. 58/2025/ND-CP of the Government detailing a number of articles of the Electricity Law on the development of renewable energy and new energy.
Regarding self-produced and self-consumed electricity sources, Clause 15, Article 4 of the Electricity Law No. 61/2024/QH15 of the National Assembly stipulates "is electricity produced and consumed at the location of electricity use by organizations and individuals to serve the main needs of those organizations and individuals".
Therefore, in case organizations and individuals develop rooftop solar power sources for self-production and self-consomment, it is necessary to ensure the condition of "implementation to serve the main needs of that organization or individual".
Thus, the case where enterprise A rents roofs from enterprise B, invests in rooftop solar power systems, and then sells electricity back to enterprise B to serve B's business operations is not in accordance with the provisions of the law on electricity.
