Roles of the 2007 Energy Industry Act in Supporting Peer-To-Peer Electricity Trading in Thailand: Issues to be Addressed by the 2004 Electricity Law of Vietnam

Abstract

This paper analyzes the capability of the electricity licensing systems, together with the third-party access regime in Thailand and Vietnam and compares the two. It specifically studies the Energy Industry Act B.E. 2550 (2007) of Thailand (“Energy Industry Act of Thailand”) and the Electricity Law No. 28/2004/QH11 of Vietnam (“Electricity Law of Vietnam”) in enabling locally generated electricity traded on a peer-to-peer (P2P) basis, as well as the regulation of smart metering services. In summary, it finds that the Energy Industry Act of Thailand and the Electricity Law of Vietnam are functionally comparable. These two laws are both capable of serving as regulatory bases for P2P electricity trading among prosumers and other electricity users. However, to enhance readiness of the electricity regulatory regime for P2P renewable electricity trading among active and passive electricity-using customers, this paper suggests that in the future it would be wise for research be conducted to make clear whether a prosumer can simultaneously be an electricity-generating unit as well as an electricity-using customer. Importantly, it is necessary to answer whether a private power purchase agreement between prosumers and another electricity-using customer can be deemed as the permissible electricity trading forms under Article 20 paragraph 2 of the Electricity Law of Vietnam. In-depth analysis is needed to determine whether the electricity-generating unit’s right to connect, as well as under the Electricity Law of Vietnam can be evolvingly interpreted to include a right to “use” the electricity grids for “transporting” its self-generated renewable electricity. Finally, an important regulatory question to be addressed by the Electricity Law of Vietnam is whether rates and setting of wheeling service and related charges are subject to the regulatory scope of the Electricity Law of Vietnam.