Many new points in draft decree on protection of power works and hydropower

Why a new decree is necessary

Following the adoption by the 16th National Assembly of the amended and supplemented Electricity Law in 2024, a range of powers previously vested in the Government have been reassigned to the Minister of Industry and Trade.

Specifically, Clause 5, Article 67; Clause 9, Article 69; Clause 3, Article 74; Clause 7, Article 75; Clause 5, Article 77; and Clause 8, Article 78 of the Electricity Law have all been revised to grant greater autonomy to the Minister of Industry and Trade instead of the Government as before.

At the same time, Decree No. 146/2025/ND-CP on decentralization and delegation of authority in the industrial and trade sectors, which took effect on July 1, 2025, has further clarified the division of responsibilities in the areas of power works protection and electrical safety.

Accordingly, more than 50% of the provisions of Decree No. 62/2025/ND-CP are set to be amended (from 54 articles to a projected 24 articles), meaning that revisions exceed half of the total number of articles. Pursuant to Point b, Clause 4, Article 8 of the Law on Promulgation of Legal Documents, when amendments and supplements exceed one-half of the total provisions, a new legal document must be issued to replace the existing one.

Therefore, in this case, issuing a new decree is mandatory rather than merely amending or supplementing the current one. The Ministry of Industry and Trade has proposed the title: “Decree detailing the implementation of the Electricity Law on protection corridors for power works and management of hydropower dam safety”.

Notable new points in the draft decree

The draft decree comprises three chapters, 22 articles, and eight appendices of forms. It inherits relevant provisions from Decree No. 62 while introducing several notable updates.

Regarding protection corridors for power works, the draft updates the definition of "urban areas" to replace the phrase "cities, towns and townships", in line with the two-tier local government model.

In terms of hydropower dam safety management, the draft separates provisions related to the adjustment of reservoir operation procedures, the revision of dam and reservoir protection plans, and the updating of emergency response plans into distinct articles. This aims to simplify administrative procedures for approving adjustments compared to initial approvals, thereby reducing required documentation and shortening processing time from 30 days to 20 days.

Regarding decentralization to local authorities, instead of stipulating the provincial Departments of Industry and Trade as the sole bodies responsible for receiving and handling administrative procedures, the draft allows provincial-level People’s Committees to assign relevant specialized agencies under their management. This approach aligns with the Law on Local Government Organization and the ongoing restructuring of local administrative apparatus.

The issuance of the new decree is expected not only to ensure consistency and coherence within the legal system, but also to fully institutionalize the Party’s policy on promoting decentralization and delegation of authority, as well as enhancing the autonomy and accountability of local governments, an orientation emphasized in Resolution No. 66-NQ/TW dated April 30, 2025 of the Politburo on reforming law-making and law enforcement.