THE
MINISTRY OF POLICTICS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
11/2008/TT-BCT
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Hanoi,
October 22. 2008
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CIRCULAR
GUIDING
THE ORDER OF AND PROCEDURES FOR ELECTRICITY PURCHASE AND SALE WITH FOREIGN
PARTNERS
Pursuant to the Government's
Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks,
powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the December 3, 2004 Electricity Law;
Pursuant to the Government's Decree No. 105/2005/ND-CP of August 17, 2005,
detailing and guiding the implementation of a number of articles of the
Electricity Law;
The Ministry of Industry and Trade guides the making of dossiers of, and the
order of and procedures for, electricity purchase and sale with foreign
partners as follows:
I. GOVERNING SCOPE AND
SUBJECTS OF APPLICATION
1. This Circular guides the
making of dossiers of, and the order of and procedures for. electricity
purchase and sale with foreign partners applicable to electricity import and
export projects and electricity units.
2. This Circular does not apply
to electricity users in border areas that directly purchase electricity of a
voltage of 0.4kV from foreign partners not through the national power grid for
daily-life use or business and production activities consuming electricity at
an output of under 50 kVA.
II. CONTENTS OF A DOSSIER OF
REQUEST FOR APPROVAL OF ELECTRICITY PURCHASE OR SALE WITH A FOREIGN PARTNER
Electricity purchase and sale
with foreign partners is subject to policy approval. Plans on electricity
purchase and sale with foreign partners must be consistent with the approved
electricity development planning.
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1. A dossier of request for
approval of the policy on the purchase or sale of electricity of a voltage
of 110kV or more from or to a foreign partner
a/ The electricity unit's report
of request for approval of the policy on electricity purchase or sale with a
foreign partner.
b/ The foreign partner's written
request for electricity purchase or written approval of electricity sale.
c/ A plan on electricity
purchase or sale with a foreign partner (5 sets), comprising:
- A brief description of the
current conditions of the regional power grid;
- Annual needs for electricity
(output electricity energy, annual load diagram, typical day) to be purchased
from or sold to a foreign partner in the duration conformable to that of the
approved national or local electricity development planning:
- A plan on power grid
connection between Vietnam's power system and a power grid of the foreign
partner that will purchase or sell electricity:
+ Tne regional power grid
development piar, already approved by a competent authority:
+ The power grid connection
plan, indicating the output, electricity energy, projected time of electricity
purchase and sale, connection points, places for installing electricity meters,
voltage, reflection of the electricity purchase or sale plan on a map, and the
regional power grid diagram:
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- The form of investment,
preliminary determination of the construction volume, total investment level,
project implementation duration, Vietnamese partner's plan to raise capital
based on the project's implementation progress and socio economic efficiency
and investment capital phasing, if any;
- Conclusions and
recommendations on implementation solutions.
d/ If the electricity unit uses
the power grid of another power grid-managing unit, the latter's written
opinion is required.
2. A dossier of request for
approval of the policy on the purchase or sale of electricity of a voltage of
35kV or less from or to a foreign partner
a/ The electricity unit's report
of request for approval of the policy on electricity purchase or sale with a
foreign partner.
b/ The foreign partner's written
request for electricity purchase or written approval of electricity sale.
c/ A plan on electricity
purchase or sale with a foreign partner (5 sets), comprising:
- A brief description of the
current conditions of the regional power grid;
- Annual needs for electricity
(output electricity energy) projected to be purchased or sold with foreign
partners in the duration conformable to that of the approved local electricity
development planning;
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+ The regional power grid
development plan already approved by a competent authority;
+ The power grid connection
plan, indicating the output, electricity energy, projected time of electricity
purchase and sale, connection points, places for installing electricity meters,
voltage, reflection of the electricity purchase and sale option on a map, and
the regional power grid diagram;
- The projected construction
volume, the Vietnamese partner's investment capital;
- Conclusions and
recommendations on implementation solutions.
d/ If the electricity unit uses
the power grid of another power grid-managing unit, the latter's written
opinion is required.
III. ORDER OF EVALUATING AND
APPROVING POLICIES ON ELECTRICITY PURCHASE AND SALE WITH FOREIGN PARTNERS
1. For purchase or sale of
electricity of a voltage of 110kV or more from or to foreign partners
a/ The electricity unit shall
submit a dossier of request for approval of the policy on electricity purchase
or sale from or to a foreign partner to the Electricity Regulatory Authority
Department for evaluation.
b/ Within 5 working days after
receiving the dossier, the Electricity Regulatory Authority Department shall
notify the electricity unit in writing of the dossier's validity.
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d/ When necessary, the
electricity unit shall give explanations or the evaluation unit shall conduct
field examination and assessment.
e/ Within 15 working days after
receiving concerned ministries' and branches written official opinions on the
plan on electricity purchase or sale with a foreign partner, the Electricity Regulatory
Authority Department shall complete the evaluation report and submit it to the
Minister of Industry and Trade for consideration and further submission to the
Prime Minister for approval.
2. For purchase or sale of
electricity of a voltage of 35kV or less from or to foreign partners
a/ The electricity unit shall
submit a dossier of request for approval of the policy on electricity purchase
or sale with a foreign partner to the Electricity Regulatory Authority
Department for evaluation.
b/ Within 5 working days after
receiving the dossier, the Electricity Regulatory Authority Department shall
notify the electricity unit in writing of the dossier's validity.
c/ Within 30 working days after
receiving a complete and valid dossier, the Electricity Regulatory Authority
Department shall complete the evaluation report and submit it to the Minister
of Industry and Trade for consideration and approval.
IV. IMPLEMENTATION PROVISIONS
1. This Circular takes effect 15
days after its publication in "CONG BAO."
2. The director of the Office,
the chief inspector, directors of departments, and heads of bureaus of the
Ministry, directors of provincial/municipal Industry and Trade Services, heads
of concerned agencies, and electricity importers and exporters shall implement
this Circular.
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FOR
THE MINISTER OF INDUSTRY AND TRADE VICE MINISTER
Do Huu Hao