Improving the law on renewable energy: Unlocking institutional frameworks for green development in the digital age

On the morning of 6 May 2026, Hanoi Law University organized a university-level scientific seminar on the theme “Renewable Energy: International Legal Frameworks and Issues for Viet Nam in the Context of the Green Transition”. The event, with content managed by the Division of Public International Law under the Faculty of International Law, was held in a hybrid format combining in-person and online participation, and chaired by Dr. Hoang Xuan Chau, Vice Rector of Hanoi Law University, and Dr. Tran Minh Ngoc, Dean of the Faculty of International Law. The seminar was attended online by Prof. Dr. Nguyen Hong Thao – Member of the International Law Commission of the United Nations, along with numerous experts, scholars, and representatives of regulatory bodies, research institutes, and educational institutions in the fields of law, environment, energy, and international relations. From the presentations and discussions at the forum, a major issue was identified: for renewable energy to truly become a driver of green growth, Viet Nam needs a legal system that is sufficiently coherent, transparent, stable, and capable of regulating new development relations in the digital age.

In his opening remarks, Dr. Hoang Xuan Chau emphasized that the transition to renewable energy is an “inevitable global trend”, and at the same time a key solution for Viet Nam to fulfill its commitment to achieving net-zero emissions by 2050. However, the practical development of clean energy in Viet Nam is facing multiple institutional and policy bottlenecks, requiring the urgent improvement of the legal framework to remove obstacles.

This assessment places renewable energy in its proper nature: it is no longer merely an issue of the electricity sector, nor simply the substitution of fossil fuels with wind power, solar power, or other new energy sources. Rather, it is a process of restructuring the development model, in which the law must move one step ahead to establish order, allocate interests, control risks, and build trust for investors, communities, and the market.

From natural advantages to institutional design requirements

Viet Nam possesses favorable conditions for the development of renewable energy, particularly wind power, solar power, and offshore wind. However, natural advantages do not automatically translate into competitive advantages in the absence of a legal framework that is sufficiently clear, stable, and predictable. In the energy sector, delays or inconsistencies in policy may increase investment costs, prolong project implementation timelines, and erode market confidence.

At the seminar, Prof. Dr. Le Hong Hanh, Senior Lecturer and former Vice Rector of Hanoi Law University, stated that Viet Nam possesses wind power potential - particularly offshore wind - among the most abundant in the region. This constitutes an important natural advantage for attracting foreign direct investment flows and realizing the Net-Zero objective. However, from a legal perspective, the most significant risk “bottleneck” for investors at present lies in issues of planning and site licensing.

This warning carries profound policy implications. Investors require not only incentives, but also legal certainty. A renewable energy project may depend on multiple layers of regulation: power planning, land-use planning, marine spatial planning, bidding mechanisms, survey licensing, allocation of sea areas, environmental impact assessment, grid connection, power purchase agreements, pricing mechanisms, and obligations for decommissioning and handling equipment at the end of the project lifecycle. If these legal layers lack coherence, projects may face risks such as being “compliant with one plan but conflicting with another”, “meeting investment conditions but lacking an operational mechanism”, or “having market potential but lacking legal guarantees”.

Dr. Nguyen Sy Linh, Head of the Climate Change Division under the Institute of Strategy and Policy on Agriculture and Environment, Ministry of Agriculture and Environment, noted that Viet Nam has geopolitical and natural advantages to become a regional renewable energy hub; in which wind power, particularly offshore wind, could serve as the “backbone” of the green transition strategy. However, he also emphasized that improving the law should not be limited to economic incentives, but must shift its focus toward risk governance and sustainable environmental protection.

From the perspective of marine spatial planning, Dr. Pham Van Hieu pointed out a major challenge arising from the overlap between wind power blocks and areas designated for national defense, security, and aquaculture. The issue is not merely a matter of planning techniques, but rather a conflict of interests among energy security, national defense and security, community livelihoods, and the protection of marine resources. In the absence of clear prioritization mechanisms and sufficiently specific standards to delineate exploitation rights, the processes of licensing and project implementation are highly susceptible to delays and may even give rise to disputes.

From this practice, an urgent requirement is to integrate wind power development - particularly offshore wind - into the National Marine Spatial Plan as a strategic component. At the same time, it is necessary to establish a high-level coordination mechanism to address inter-sectoral, inter-regional, and multi-stakeholder conflicts of interest. The law in this field must fulfill three functions: clearly define rights, responsibilities, and procedures; ensure a balance between development and security; and create a stable, long-term investment environment.

Green law must ensure equity, accountability, and international standards

A notable feature of the seminar was the approach to renewable energy beyond the narrow scope of clean electricity generation. Contributions expanded the discussion to encompass environmental responsibility, energy equity, ESG standards, the circular economy, investment protection, technology transfer, and the management of end-of-life project risks. This approach aligns with the requirements of modern law-making: not only to promote development, but also to control the consequences of development.

Assoc. Prof. Dr. Dinh Ngoc Vuong, former Vice President of the Vietnam Institute of Dictionaries and Encyclopaedia, argued that the development of new energy sources in Viet Nam should be situated within a diverse and coherent legal framework. From waste-to-energy, hydrogen, and green ammonia to nuclear power, all require the internalization of international standards, particularly those of the IAEA on safety, security, and civil liability for transboundary damage under the Vienna Convention.

According to Assoc. Prof. Dr. Dinh Ngoc Vuong, this process requires the close integration of ESG standards, stable investment protection mechanisms to prevent international arbitration disputes, and the promotion of clean technology transfer through networks of free trade agreements.

This suggestion indicates that improving the law on renewable energy cannot be limited to amending a few sector-specific regulations. Viet Nam needs a comprehensive institutional mindset, in which the laws on energy, environment, investment, land, maritime affairs, science and technology, digital transformation, and international trade are interconnected into a unified whole. In the absence of such coherence, green energy policy may fall into a situation of “ambitious goals but weak instruments”, or “strong commitments but fragmented implementation”.

From a social perspective, Assoc. Prof. Dr. Le Thi Anh Dao emphasized that the transition to renewable energy is not merely a technological or economic shift, but a process of social restructuring based on the principle of “energy equity”. The green transition brings strategic benefits to communities and future generations and creates opportunities for green investors, but also poses challenges for workers in traditional energy sectors and vulnerable groups in project areas.

This is an issue of particular legal significance. Renewable energy law in the new phase cannot be confined to protecting investors’ rights or increasing generation capacity, but must also safeguard the rights of affected communities to participation, access to information, benefit-sharing, and protection. Mechanisms for public consultation, environmental impact assessment, benefit-sharing, livelihood transition support, and the protection of vulnerable groups should be designed as concrete legal obligations, rather than merely policy recommendations.

From the perspective of the circular economy, PhD Candidate, M.A. Nguyen Thi, lecturer at Hanoi University of Natural Resources and Environment, argued that the management of end-of-life solar panels should shift from a hazardous waste disposal mindset to an approach that treats them as resources capable of recycling and reuse within a circular economy. This requires specialized technical standards for recycling, as well as binding financial responsibilities on investors from the project approval stage.

This perspective is particularly significant in the digital age. As data systems, traceability technologies, electronic project records, and online monitoring platforms continue to develop, the State is better positioned to manage the entire lifecycle of renewable energy projects - from licensing, investment, operation, and grid connection to environmental impact assessment, decommissioning, recycling, and site restoration. Accordingly, renewable energy law must be aligned with digital transformation in state governance, ensuring that all green development activities are data-driven, accountable, monitored, and verifiable.

In his closing remarks, Dr. Tran Minh Ngoc affirmed that the seminar served as a high-quality academic forum that disseminates legal values, provides reference materials, and suggests new research directions for in-depth studies, teaching, and policy consultation in the coming period.

Dr. Tran Minh Ngoc expressed his appreciation for the participation and contributions of the speakers, delegates, as well as trainees and students. The seminar concluded at 12:00 on the same day in a scientific, serious, and effective atmosphere.

From the discussions at the seminar, it can be affirmed that improving the legal system on renewable energy is an urgent requirement of the green development process. A legal framework that is transparent, coherent, and aligned with international standards will be a prerequisite for Viet Nam to transform its potential into competitive capacity, turn Net-Zero commitments into substantive action, and ensure a balance among economic growth, energy security, environmental protection, and social equity.

In the digital age, the law is not only a tool of governance, but also a soft infrastructure of development. In the field of renewable energy, this infrastructure must be designed to be sufficiently open to accommodate technological innovation, sufficiently robust to control risks, sufficiently transparent to attract investment, and sufficiently humane to ensure that no one is left behind in the green transition.