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THE
MINISTRY OF INDUSTRY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
30/2006/QD-BCN
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Hanoi, August 31, 2006
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DECISION
PROMULGATING THE REGULATION
ON INVESTMENT AND CONSTRUCTION MANAGEMENT APPLICABLE TO INDEPENDENT POWER
PROJECTS
THE MINISTER OF INDUSTRY
Pursuant to the Government's Decree No.
55/2003/ND-CP of May 28, 2003, on the functions, tasks, powers and
organizational structure of the Ministry of Industry;
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;
Pursuant to legal provisions on investment, construction and bidding;
At the proposal of the director of the Energy and Petroleum Department,
DECIDES:
Article 1.- To promulgate together with
this Decision the Regulation on investment and construction management
applicable to independent power projects.
Article 2.- This Decision
shall take effect 15 days after its publication in "CONG BAO" and
replace the Industry Minister's Decision No. 50/2002/QD-BCN of November 25,
2002, promulgating the Regulation on investment and construction management
applicable to independent power projects.
Article 3.- Ministries,
ministerial-level agencies, government-attached agencies, provincial/municipal
People's Committees, heads of agencies and units, and concerned individuals
shall have to implement this Decision.
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MINISTER OF
INDUSTRY
Hoang Trung Hai
REGULATION
ON INVESTMENT AND
CONSTRUCTION MANAGEMENT APPLICABLE TO INDEPENDENT POWER PROJECTS
(Promulgated together with the Industry Minister's Decision No. 30/2006/QD-BCN
of August 31, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope and subjects
of application
1. This Document provides for the selection of
investors, preparation for, appraisal, approval and execution of, investment
projects, and investment management, applicable to independent power projects.
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Article 2.- Independent
power projects
1. Independent power project (IPP) means an
investment project which is not funded with state budget capital on the
creation of the source of power for investment, exploitation and sale under
legal provisions on electricity.
2. IPPs shall be invested in the forms of
build-operate-transfer (BOT), build-own-operate (BOO) or other forms as
provided for by law.
Article 3.- Investment in
IPPs
1. Investments in IPPs must conform with
electricity development plannings approved by competent agencies. Projects not
yet included in such plannings must be approved by agencies with
planning-approving competence before their investment preparation is made.
2. The competence to approve electricity
development plannings shall comply with the provisions of the Electricity Law.
For plannings on small-sized hydropower plants, the Ministry of Industry shall
approve the national planning while provincial People's Committees shall
approve their local plannings after consulting the Ministry of Industry.
3. The State shall manage IPPs in terms of
investment undertakings, schedule and scope in accordance with legal provisions
on construction investment.
4. Agencies competent to license investment in
IPPs are those designated under the law on investment and construction
management.
Chapter II
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Article 4.- Selection of investors
1. In order to ensure the efficiency and
sustainability of projects, the selection of investors for execution of IPPs
shall be carried out through bidding. The order of bidding shall comply with
legal provisions on bidding.
2. After electricity development plannings are
approved, the Ministry of Industry shall publicize the national electricity
development planning and the national planning on medium- and small-sized
hydropower plants; provincial/municipal People's Committees shall publicize
provincial and district plannings on electricity development and provincial
plannings on medium- and small-sized hydropower plants. Based on the list of
IPPs calling for investment and the list of domestic and foreign organizations
and individuals registering to be investors, agencies competent to license
investment defined in Clause 4, Article 3 of this Regulation shall organize
bidding to select investors for project development and submit bidding results
for approval according to regulations.
3. For special cases such as small-sized
projects; projects aiming to supply electricity for deep-lying and remote areas
and difficulty-hit areas; projects for which there is only one registering
investor or for other plausible reasons, agencies competent to license
investment defined in Clause 4, Article 3 of this Regulation shall decide on
the selection of investors through appointment of contractors.
Article 5.- Registration
for participation in investment projects
1. Organizations and individuals that register
for investment in IPPs shall have to make and submit to competent agencies
investment reports, for group-A projects, or investment application reports,
for group-B and group-C projects, for the latter to permit investment research
and then investment.
2. Investment reports and investment application
reports submitted to investment licensing agencies shall comprise:
a/ For group-A projects: Investment reports
shall be compiled in accordance with legal provisions on management of
investment projects on the construction of works.
b/ For other projects:
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- Basic information on the investor: Documents
on the investor's legal capacity, business registration, diagram of the
organizational apparatus, key personnel, project execution experience, and
financial and technical capability, enumerating projects which the investor has
executed (including industrial projects and power projects) over the past five
years, and enterprise's settlement/audit reports of the last three years. The
investor shall have to bear responsibility for the accuracy of declared
information.
- Preliminary information on the registered
project: Construction location; project purposes; main parameters on the
capacity, investment capital, time of commission, contents related to branch
and local plannings, the estimated schedule for project execution, compensation
volume, population relocation, and methods of investment management, operation,
business and transfer of the project (if any).
- The written agreement on the purchase of
electricity by the Electricity of Vietnam or electricity wholesale or retail
units.
- For projects falling beyond the competence of
provinces, the written approval of the provincial People's Committee shall be
required.
- Sources of capital to be mobilized for the
execution of the project and loan commitments of credit institutions or banks.
- The investors' capital must account for least
30% of the total capital. In special cases, this rate shall be decided by
competent agencies but must not be lower than 20%.
3. Time limit for agencies to reply to
investment reports or investment application reports of investors:
a/ For group-A projects: Within 30 days the
Ministry of Industry shall examine and propose the Prime Minister to license
investment.
b/ For other projects: Within 20 days.
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5. The contents of investment projects shall
comply with the provisions of law, in which the connection to the national
power system, measurement and control equipment shall be effected as agreed
with the Electricity of Vietnam.
Article 6.- Appraisal and
approval of investment projects
1. Investors shall formulate, appraise and
submit to competent agencies basic designs for appraisal according to the provisions
of law.
2. The competence to appraise basic designs
shall be as follows:
a/ The Ministry of Industry: Group-A projects
and projects with the main work located in two or more provinces.
b/ Provincial/municipal Industry Services: The
remaining group-B and -C projects.
3. Within 30 working days (for group-A projects)
or 20 working days (for group-B and -C projects) after receiving complete and
valid dossiers, competent agencies defined in Clause 2 of this Article, shall
have to notify in writing investors of the results of appraisal of their
projects' basic designs.
4. Basic designs shall be appraised in
accordance with current regulations. It is also necessary to appraise the
construction and operation safety of works, design solutions and construction
of dams and reservoirs (if any).
5. Investors shall appraise and approve
investment projects and decide on the investment on the basis of the results of
appraisal of basic designs of competent agencies.
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EXECUTION OF INVESTMENT PROJECTS
Article 7.- Technical designs and total
cost estimates
1. Investors shall elaborate, appraise and
approve technical designs, construction drawing designs and total cost
estimates on the basis of the investment projects already approved and in
accordance with the provisions of law.
2. Investors may commence their projects only
after the technical design of the first work item has been approved and
adequate capital has been mobilized for such work item.
Article 8.- Execution of
projects
1. The execution of investment projects shall
comply with legal provisions on construction permits, selection of contractors,
construction management, forms of project management, contracts, payment and
settlement.
2. In the course of execution, investors should
apply appropriate measures so as to ensure the construction progress as agreed
upon, bear responsibility for the safety of works and ensure project quality.
3. Before projects are put into operation,
investors shall have to apply for electricity operation permits according to
the provisions of law.
Article 9.- Termination of
projects
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2. If investors fail to commence the
construction of works within two years, for group-A projects, or one year, for
group-B and -C projects, after investment projects have been approved, agencies
competent to license investment may issue documents to terminate the projects
in order to call for other investors to execute them.
Chapter IV
MANAGEMENT OF INDEPENDENT POWER PROJECTS
Article 10.- Reporting regime
1. After investment reports or investment
projects are approved, investors shall send a complete project dossier set
(printed on A4-sized papers and recorded in CDs) to the Ministry of Industry
and the Industry Services of their respective provinces or cities for
management and supervision.
2. During construction, investors shall have to
send quarterly and annual reports on the execution of the projects to the
Ministry of Industry and the Industry Services of their respective provinces or
cities within the first week of the following quarter and the first two weeks
of the following year.
4. During the operation of the projects,
investors shall have to send biannual reports on the operation and safety of
works to the Ministry of Industry and the Industry Services of their respective
provinces or centrally-run cities for supervision.
4. Provincial/municipal Industry Services shall sum
up reports of IPPs in their localities for reporting to the Ministry of
Industry within one week after the reporting deadline set for investors.
Article 11.- Inspection
and supervision regimes
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2. The Ministry of Industry shall direct and
coordinate with provincial/municipal Industry Services in inspecting and
supervising IPPs.
Article 12.- Responsibilities
of state management agencies in charge of electricity activities and
electricity use
1. To oversee the execution of the projects by
investors.
2. To consider and settle according to their
competence investors' proposals on matters related to the execution of
projects.
3. To conduct inspection and examination
according to the provisions of law.
Chapter V
IMPLEMENTATION PROVISIONS
Article 13.- Responsibilities of
organizations and individuals investing in IPPs
Organizations and individuals that invest in
IPPs shall have to abide by this Regulation.
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The Energy and Petroleum Department shall have
to organize, guide and coordinate with provincial/municipal Industry Services
in inspecting the implementation of this Regulation.