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THE
MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.
14/2022/TT-BCT
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Hanoi,
September 30, 2022
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 02/2017/TT-BCT DATED
FEBRUARY 10, 2017 OF THE MINISTER OF INDUSTRY AND TRADE OF VIETNAM ON METHODS
AND PROCEDURES FOR FORMULATION, APPRAISAL AND APPROVAL FOR ELECTRICITY
TRANSMISSION PRICE
Pursuant to the Law on
Electricity dated December 03, 2004 and Law on amendments to some Articles of
the Law on Electricity dated November 20, 2012;
Pursuant to the Law on amendments
to some Articles of Law on Public Investment, Law on Public-Private Partnership
Investment, Law on Investment, Law on Housing, Law on Procurement, Law on Electricity,
Law on Enterprises, Law on Special Excise Duty and Law on Civil Judgment
Enforcement dated January 11, 2022;
Pursuant to the Government’s
Decree No. 98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s
Decree No. 137/2013/ND-CP dated October 21, 2013 on implementation of a number
of Articles of the Electricity Law and the Law on amendments to a number of
Articles of the Electricity Law
At the request of Director
General of Electricity Regulatory Authority,
The Minister of Industry and
Trade promulgates a Circular on amendments to some Articles of Circular No.
02/2017/TT-BCT dated February 10, 2017 of the Minister of Industry and Trade of
Vietnam on methods and procedures for formulation, appraisal and approval for
electricity transmission price
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1. Clause 3 Article 1 shall be
added as follows:
“3. This Circular does not apply
to investors who invest in the construction of transmission grids from the distribution
yard(s) of one or several power plants to transmit power generated by one or
several power plants to the connection points which connect equipment,
electrical grids and power plants to the national power system)and have other
agreements with the electricity buyers on recovery of expenses on construction,
management, operation and maintenance of the transmission grids."
2. Clauses 9 and 10 shall be
added to Article 2 as follows:
a) Clause 9 shall be added as
follows:
“9. Transmission network
operator is the electricity unit that is granted the operation licence for
electricity transmission and responsible for management and operation of
national transmission grid, including:
-National Power Transmission
Corporation
-Other economic components that
invest in electricity transmission grids according to Law No. 03/2022/QH15
dated January 11, 2022 of the National Assembly.”
b) Clause 10 shall be added as
follows:
“10. Transmission grid users are
organizations and/or individuals possessing electrical equipment, electrical
grids to connect to transmission grids to use electrical transmission services,
including Vietnam Electricity (EVN), Power Corporations under EVN, customers
who directly buy electricity from transmission system
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“2. Electricity transmission
price shall be annually determined on the basis of reasonable and valid expenses
on electricity transmission of the transmission network operator with the return
on equity that has been determined according to the method of electricity
retail price applicable at the time of calculation of electricity transmission
price or the decision of the competent authority.”
4. Explanation for symbols “
"
and "
” at Clause 7 Article 5 shall be
amended as follows:
“
:
Equity of the transmission
network operators to June 30 in Year N-1 (VND). In which, the equity of the National
Power Transmission Corporation is the state capital invested by EVN in the National
Power Transmission Corporation for production and trade in electricity according
to the financial report of the second quarter in Year N-1. The equity of
other investors in the electricity transmission grids under Law No.
03/2022/QH15 is the capital to create electricity transmission assets invested
in accordance with regulations of Article 6 of Law No. 03/ 2022/QH15 and
relevant laws;
:
Return on equity in Year N that
is applicable to transmission network operator (%) and determined according
to regulations of Clause 2 Article 3 of this Circular."
5. Some Clauses of Article 6
shall be amended as follows:
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"3. Method for determination
of costs of labors
Estimated total costs of labors in
Year N 
of the transmission network
operator include wage expenses and wage-related expenses which are determined
in accordance with the law. Wage expenses of National Power Transmission
Corporation shall be determined according to regulations of the law on
management of labor, wage and bonus paid to employees and managers in wholly
state-owned single-member limited liability companies; Wage-related expenses of
National Power Transmission Corporation include electricity safety regime, health
insurance, social insurance, employment insurance and union fees which are
determined according to regulations of relevant law.
In case the total costs of labors
cannot be determined according to the above case, the method of calculation of
the total costs of labors shall be applied according to the following formula:
Where:
:
Costs of fixed assets for
transmission in year N of the transmission network operator (VND);
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Labor cost rate (%)annually disclosed
by the Ministry of Industry and Trade in administrative document.”
b) Point a Clause 6 shall be
amended as follows:
“a) Total other monetary costs in
Year N (
): other monetary
costs within norms, other monetary costs of incidents, taxes, fees, charges,
land rental, shift meal and other costs according to regulations of the law;
c) Clause 7 shall be added as
follows:
“7. In case the costs according
to norms specified in Clauses 2, 4, 5 and 6 of this Article cannot be
determined, the method of calculation of the total costs of overhaul and other standard
costs (including costs of materials, externally purchased services and other
monetary costs within norms) shall be applied according to the following
formula:
Where:
:
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:
Rate of cost of overhaul and
other standard costs (%) annually disclosed by the Ministry of Industry and
Trade in administrative document.”
6. Article 7 shall be amended as
follows:
a) Clause 1 shall be amended as
follows:
“1. Before November 01 every year
(Year N-1), the transmission network operator shall be responsible for
cooperation, formulation and submission of the document on electricity
transmission price in Year N to EVN for consolidation and formulation of the
electricity transmission price in year N and submission of a copy of the report
to the Electricity Regulatory Authority.”
b) Clause 4 shall be amended as
follows:
“4. Within 20 working days from
the date on which EVN provides the valid document as prescribed in Article 8 of
this Circular, the Electricity Regulatory Authority shall be responsible for
appraisal and submission to the Minister of Industry and Trade for approval for
the electricity transmission price in year N.”
c) Clause 5 shall be amended as
follows:
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7. Some Points of Clause 2,
Article 8 shall be amended as follows:
a) Point d shall be amended as
follows:
“d) Descriptions and
calculations of total permissible electricity transmission revenue in Year N.
In which, the total permissible electricity transmission revenue of each
transmission network operator shall be clearly separated
b) Point dd shall be added
as follows:
“dd) Documents on
electricity transmission price of transmission network operators that have been
sent to EVN. The documents on electricity transmission price of transmission
network operators include descriptions and spreadsheets of cost components of
units as prescribed in this Circular and relevant data to determine the
costs."
8. Article 9 shall be amended as
follows:
“Article 9. Electricity
transmission service contract
1. The electricity transmission
service contract shall be signed between the transmission network operator and
the transmission grid user.
2. The transmission grid user
shall pay the transmission network operator under the signed contract.”
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a) Clause 2 shall be
amended as follows:
“2. The EVN shall take
charge and cooperate with transmission network operators in formulation of the
electricity transmission price on an annual basis in accordance with this
Circular.”
b) Clause 3 shall be
amended as follows:
“3. Responsibility of
transmission network operators
a) Cooperate with the EVN in
formulation of electricity transmission price on an annual basis according to regulations
of this Circular;
b) Cooperate with the Electric
Power Trading Company and relevant power delivery units in agreeing on the
technical design of the system of measurement and collection of data for the delivery
of electricity in accordance with regulations on electrical measurement in
electricity system issued by the Minister of Industry and Trade;
c) Negotiate the
electricity transmission service contract with EVN in accordance with the law;
d) Annually, build or hire
the professional consultants to build the labor cost rate, the rate of cost of
overhaul and other standard costs to propose the Ministry of Industry and Trade
for application
dd) National Power
Transmission Corporation shall negotiate connection with other investors in electricity
transmission grids in terms of connection points, investment boundaries,
measurement boundaries, methods of electricity delivery in accordance with regulations
of the Regulation on electricity transmission system and the Regulation on electrical
measurement in electricity system issued by the Minister of Industry and Trade;
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Article
2. Amendments and replacement of some phrases of Circular No. 02/2017/TT-BCT
dated February 10, 2017 of the Minister of Industry and Trade of Vietnam on
methods and procedures for formulation, appraisal and approval for electricity
transmission price
1. Add the phrase “Tập
đoàn Điện lực Việt Nam" (EVN) after the phrase “Đơn vị
phải trả chi phí truyền tải điện" (electricity transmission
price payers") at Clause 3 Article 2.
2. Replace the phrase "Tổng
công ty Truyền tải điện Quốc gia" ("National Power
Transmission Corporation") with the phrase "Đơn vị truyền
tải điện" ("transmission network operator") in Clause 2,
Article 1, Clause 1, Article 2, Clause 8 Article 2, Clause 3, Article 3,
Article 4, Point b, Clause 2, Article 8, Point c, Clause 2, Article 8 and Point
a, Clause 3, Article 8.
3. Replace the phrase "Tổng
công ty Điện lực" ("Power Corporation") with the phrase "Tổng
công ty Điện lực trực thuộc Tập đoàn Điện lực Việt Nam" ("Electricity
Corporation under the EVN") in Clause 2, Article 1, Clause 1, Article 2,
Clause 3, Article 2.
4. Replace the phrase "theo
quy định của Tập đoàn Điện lực Việt Nam" ("according to EVN’s
regulations") with the phrase "theo quy
định của pháp luật" ("according to regulations of the law") at Point
a, Clause 2, Article 6, Point d, Clause 6, Article 6.
Article
3. Implementation provision
1. This Circular comes
into force as of November 22, 2022.
2. In the cases where any
of the legislative documents referred to in Article 1 of this Circular is
amended or replaced, the newest one shall apply.
3. Any difficulty or
problem that arises during the implementation should be reported to the
Ministry of Industry and Trade for amendment.
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PP.
MINISTER
DEPUTY MINISTER
Dang Hoang An