Fully utilizing resources for national competitiveness
Energy sector institutions are increasingly the determining factor in a country’s overall competitiveness.
Against the backdrop of a global energy transition, a country’s competitive advantage is shifting from ownership of natural resources toward its ability to efficiently convert those resources into value.
Energy remains fundamental to economic growth, industrialization, national defense and security, and quality of life. But its role is being reshaped by the energy transition, net-zero targets, global supply-chain competition, and geopolitical volatility. Rapid advances in AI, large-scale data centers, and semiconductor manufacturing, together with global electrification, are also putting unprecedented pressure on energy supply and demand.
Turning resources into value
Countries must now do more than ensure sufficient energy. They must deliver competitive prices, operational flexibility, reliability, and lower emissions. For high-tech industries, reliable supply is critical. The energy transition is therefore not simply a shift from conventional to renewable sources, but a comprehensive restructuring in which oil and gas, LNG, coal, hydropower, renewables, storage, transmission, and emerging technologies must work together to ensure energy security and support sustainable growth.
For Vietnam, these demands come alongside an ambition to sustain high growth and become a high-income country by 2045. Energy demand is expected to rise sharply, while requirements for reliability and compliance with international green standards will become increasingly stringent.
Vietnam has significant potential in oil and gas, hydropower, offshore wind, and emerging energy sources. Yet these are natural advantages, not competitive advantages in themselves. Resources become economically valuable only when institutions can convert them efficiently into investment, projects, capacity, and ultimately commercial output.
If any link in this chain is delayed, potential can remain trapped in planning documents or investor expectations. The central question for energy policy is therefore whether the institutional system can convert resources and capital into reliable, competitively-priced energy within a reasonable timeframe.
In the 20th century, energy advantages were largely based on resource ownership. In the 21st century, market organization and institutional quality are becoming equally important. Singapore and Denmark have shown that countries do not need abundant natural resources to build strong economic positions when they have effective coordination mechanisms and stable policies.
Policy predictability is another important competitive advantage. Large energy projects often have lifespans of several decades and require stable pricing mechanisms and long-term contractual commitments. Legal uncertainty increases risk premiums and financing costs, which ultimately feed into energy prices. Energy policy should therefore be viewed as part of a project’s cost structure and, more broadly, the competitiveness of the economy.
Institutional gap
Energy projects in Vietnam must navigate a complex chain of administrative procedures, from planning to commercial operation. Land, environmental, construction, and bidding regulations each serve legitimate purposes. The problem arises when these systems lack coordination, creating unnecessary costs for businesses and the wider economy.
Institutional costs can be divided into five main categories. The first is compliance costs, covering the resources that businesses devote to reporting and inspections. Second is waiting costs, which arise when procedures are processed sequentially rather than in parallel or when no lead agency is responsible for overall project progress. Third is coordination costs, which emerge when projects are governed by multiple laws and agencies without sufficient alignment. The fourth is uncertainty costs, resulting from unpredictable policies and contractual conditions. These directly affect investor and lender confidence. The fifth is inconsistency costs, which arise when the same regulation is interpreted or applied differently over time.
These costs reinforce one another. Delays increase financing costs; higher financing costs raise project costs; uncertainty increases risk premiums; and inconsistent application can make decision-makers overly cautious or reluctant to exercise their authority. When these costs accumulate across projects and spread throughout the value chain, they become economy-wide spillover costs.
Such losses may not appear in any specific budget line, but they are reflected in electricity and fuel prices, logistics and production costs, export capacity, and the attractiveness of the investment environment. Institutional reform in the energy sector should therefore be viewed not simply as business facilitation but as a means of reducing costs across the economy.
A core problem is the lack of clear ownership of risk. When risks arising from policy changes or infrastructure delays remain “floating” between parties, stakeholders tend to postpone decisions or avoid responsibility.
Risk allocation is therefore fundamental to unlocking capital and accelerating implementation. Each risk should be assigned to the party best able to control it at the lowest cost. Risks related to corporate governance or technology choices should remain with investors, while risks arising from public authority or sudden policy changes require mechanisms on the government side. Requiring investors to bear risks they cannot control can make projects unfinanceable.
The petroleum sector illustrates this through geological risk. Failure to discover oil or gas is an inherent industry risk and does not constitute misconduct if the decision-making process followed appropriate professional procedures.
State-owned enterprises also carry strategic responsibilities related to energy security and national sovereignty that can extend beyond purely commercial considerations. Assigning such responsibilities without sufficient authority, financial mechanisms, or corresponding risk allocation only increases caution, prolongs decision-making, and weakens implementation.
Risk allocation is therefore not merely a contractual or financial issue. It is also a question of public authority, accountability, and policy implementation capacity.
Legal safe harbor
Persistent delays also reflect a lack of confidence among decision-makers. In many cases, the problem is not an absence of regulations but concerns that reasonable decisions made under current conditions could later face retrospective scrutiny.
A “legal safe harbor” for responsible decision-making could help address this. It should not provide unconditional immunity, but establish clear standards for distinguishing intentional misconduct from objective management risks.
A decision should fall within this safe harbor when it is made within proper authority. The process should be transparent, alternatives should be considered, and conflicts of interest should be controlled. Businesses should maintain comprehensive decision records, while regulators should establish independent appraisal mechanisms for high-risk projects.
When inspections and audits assess decisions in their historical context, officials can exercise their authority with greater confidence. This is essential to ensuring that decentralization and delegation translate into action rather than being undermined by fear of retrospective accountability.
In this context, four policy priorities are particularly important.
First, Vietnam needs greater policy continuity and predictability. The government and regulators should establish clear principles for impact assessments, transition periods, and the protection of existing rights and obligations when pricing mechanisms, investment conditions, grid connections, or contractual requirements change.
Second, strategic energy projects need coordination throughout their lifecycle. A clearly designated lead agency should oversee planning, investor selection, approvals, infrastructure and commercial operation. Procedures that can run in parallel should do so, requests for opinions should have clear deadlines, documentation requirements should be defined upfront, and differences in legal interpretation should have a clear resolution mechanism.
Third, authorities should develop risk-allocation matrices for major project categories, including oil and gas, LNG, offshore wind, transmission, storage, and emerging technologies. These should clearly define which risks belong to investors, public authorities, or insurers, or should be shared. The principles should be reflected consistently in sector-specific laws, tender documents, project contracts, pricing mechanisms, and government support arrangements, with results measured by financing capacity, negotiation times, risk premiums, final investment decisions, and project delivery.
Fourth, legal safe-harbor standards for responsible decisions should be embedded across sector-specific legislation, State capital management, corporate governance, inspection, auditing, and accountability rules. Decisions should be assessed based on the authority exercised, information available at the time, appraisal procedures, alternatives considered, conflict of interest controls, integrity, and accountability, rather than solely on the final outcome. Minimum requirements should also be established for decision records, expert consultation, and independent appraisal of high-risk decisions.
These four priorities are closely linked. Predictable policies reduce risk; effective coordination shortens timelines; clear risk allocation improves bankability; and legal safe harbors give decision-makers confidence to act. Reforming only one part of the system risks simply shifting institutional costs from one procedure or stakeholder to another.
For Vietnam, energy reform must build institutional infrastructure that creates confidence, mobilizes capital, allocates risk, and accelerates implementation. The legal framework is ultimately invisible infrastructure shaping how efficiently resources, capital, and technology become national competitive advantages.
Source: Lawyer Truong Anh Tu, Chairman of the TAT Law Firm
