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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.:
134/2013/ND-CP
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Hanoi, October
17, 2013
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DECREE
REGULATIONS
ON SANCTION AGAINST ADMINISTRATIVE VIOLATION IN THE FIELD OF ELECTRICITY, SAFETY
OF HYDROELECTRIC DAM, THRIFTY AND EFFECTIVE USE OF ENERGY
Pursuant to the Law on organization of
Government dated December 25, 2001;
Pursuant to the Law on handling of
administrative violation dated June 20, 2012;
Pursuant to the Electricity Law dated December
3, 2004; the Law amending and supplementing a number of articles of the
Electricity Law dated November 20, 2012;
Pursuant to the Law on thrift and effective use
of energy dated June 17, 2010;
Pursuant to the Ordinance on exploitation and
protection of irrigation works dated April 4, 2001;
At the request of the Minister of Industry and
Trade;
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Chapter 1.
GENERAL REGULATION
Article 1. Scope
This Decree defines acts of violation, form, rate
of fine, remedial measures, procedures and authority to sanction administrative
violation in the field of electricity, safety of hydroelectric dam, thrifty and
effective use of administrative that are not crimes, including:
1.Violation in the field of electricity
a) Regulation on permit of electricity operation;
b) Regulation on building and installation of
electrical works;
c) Regulation on generation, transmission and
distribution of electricity;
d) Regulation on wholesale and retail of
electricity;
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e) Regulation on electricity safety;
g) Regulation on electricity system dispatch;
h) Regulation on electricity market.
2. Violation in the field of safety of
hydroelectric dams;
a) Regulation on management of operation of
hydroelectric dams;
b) Regulation on safety assurance of hydroelectric
dams and downstream areas;
c) Regulation on safety assurance of vicinity
protecting hydroelectric dams;
3.Violation in the field of thrifty and effective
use of energy
a) Regulation on energy audit;
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c) Regulation on management and thrifty and
effective use of energy in the key energy using facilities;
d) Regulation on energy label in production, import
and distribution of energy-consuming means and equipment;
dd) Regulation on production, import and
circulation of energy-consuming means and equipment included in the List of
means and equipment to be removed.
Article 2. Statute of
limitations
The statute of limitations for sanctioning
violation in the field of electricity and safety of hydroelectric dams and
thrifty and effective use of energy is 01 year. For acts of violation of
production and import of means and equipment using energy thriftily and
effectively is 02 years.
Article 3. Forms of sanction
1. Main form of sanction
For each act of violation, organizations,
individuals or electricity Unit committing acts of violation must be subject to
one of the main forms of sanction as follows:
a) A caution;
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- The rate of fine against the acts of violation
specified in this Decree is applied for sanction to the individuals, except
where the specified subjects of violation are organizations or electricity
Units. The rate of fine is twice as much as that applied to individuals upon
sanction against the organizations or electricity Units, particularly as
follows:
- The rate of fine imposed in the field of
electricity is up to 50,000,000 dong on individuals and 100,000,000 dong on
organizations or electricity Units.
- The rate of fine imposed in the field of safety
of hydroelectric dams is up to 100,000,000 dong on individuals and 200,000,000
dong on organizations; application of 100% of the rate of fine to the works of
hydroelectric dams from grade II or higher and 70% to grade III or lower for
acts of violation of safety of hydroelectric dams specified in this Decree.
- The rate of fine in the field of thrift and
effective use of energy up to 100,000,000 dong is imposed on individuals and
200,000,000 on organizations.
2. Additional form of sanction
In addition to the main form of sanction, depending
on the nature and seriousness, the individuals, organizations or electricity
Unit committing acts of violation may be subject to one of the additional forms
of sanction as follows:
a) In the field of electricity
Confiscating the exhibits and means used as means
of violation;
b) In the field of hydroelectric dams
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- Suspending the water retention for reservoir with
a definite time;
c) In the field of thrift and effective use of
energy
- Depriving the right to use the construction
permit or certificate with a definite time;
- Confiscating the exhibits and means used as means
of violation;
Article 4. Remedial measures
In addition to the main forms of sanction and
additional sanctions specified in Article 3 of this Decree, organizations,
individuals or electricity Unit committing acts of violation are also imposed
by one of the remedial measures specified in Chapter II of this Decree.
Chapter 2.
ACTS OF VIOLATION, FORM
OF SANCTION AND REMEDIAL MEASURES
SECTION 1. FIELD OF ELECTRICITY
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1. A caution or fine of between 1,000,000 dong and
2,000,000 dong shall be imposed on the acts of failure to carry out the annual
report on the business and production in the licensed fields to the licensing
organ under regulation.
2. A fine of between 5,000,000 dong and 8,000,000
dong shall be imposed on the electricity Unit for the one of the following acts
of violation:
a) Failure to perform the procedures for modifying
and supplementing the electricity operation Permit within 30 days from the time
of changing name and address of head office;
b) Failure to report to the licensing organ within
60 days before the stoppage of electricity operation in case the electricity
operation Permit is still valid.
3. A fine of between 8,000,000 dong and 10,000,000
dong shall be imposed on the electricity Unit for the acts of failure to send
the annual financial statement audited to the licensing authority under
regulation, except for the specialized electricity consultation Unit.
4. A fine of between 15,000,000 dong and 20,000,000
dong shall be imposed on the electricity Unit for one of the following acts:
a) Carrying out the electricity operation when the
electricity operation Permit is expired.
b) Carrying out the electricity operation during
the time the electricity operation Permit is lost or mislaid without report to
the licensing organ.
5. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity Unit for one of the following acts:
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b) Failure to comply with one of the contents of
the electricity operation Permit, except for the acts specified in this Decree.
6. A fine of between 40,000,000 dong and 50,000,000
dong shall be imposed on the electricity Unit for the acts of failing to
maintain the conditions for being issued with the electricity operation Permit:
7. A fine of between 60,000,000 dong and 70,000,000
dong shall be imposed on the electricity Unit for one of the following acts:
a) Carrying out the electricity operation without
the electricity operation Permit;
b) Carrying out the electricity operation during
the time of being revoked the electricity operation Permit by the competent
authority;
c) Arbitrarily modifying the contents stated in the
electricity operation Permit;
d) Leasing, lending or borrowing the electricity
operation Permit;
8. In addition to the main form of sanction, the
violating electricity Units are also subject to the remedial measures to
coercively make payment to the state budget of the amount illegally obtained
due to committing acts specified at Point a and b, Clause 7 of this Article;
Article 6. Violation of
regulations on building and installation of electrical works
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2. A fine of between 5,000,000 dong and 10,000,000
dong shall be imposed on one of the following acts:
a) Installation, repair, relocation of electrical
works without any agreement with the owner of electricity project property or
the unit managing and operating the electrical works;
b) Arbitrary installation of line system, power
stations and electrical equipment outside the scope approved by the competent
authority.
3. A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed on one of the following acts:
a) Installing and operating the electrical
materials and equipment that do not meet the technical standard and regulation
stipulated by the competent state authority.
b) Arbitrarily issuing and coercively applying the
standards related to the building and installation of electrical works
inconsistently with technical standard and regulation stipulated by the
competent state authority.
4. A fine of between 30,000,000 and 40,000,000 dong
shall be imposed on the acts of starting the electrical works which are not
included in the approved electricity development planning, except for cases
approved by the competent authority.
5. In addition to the main forms of sanction, the
violating organizations and individuals are also subject to the following
remedial measures:
a) Coercive restoration to the initial state for
the acts specified in Clause 2 of this Article;
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Article 7. Violation of
regulations on electricity generation
1. A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on the electricity generating Unit for the acts of
failure to provide information on readiness for electricity generation, reserve
capacity and implementation of operation mode of power plant and other
information related to the electricity generation upon the written requirement
of the national electricity system dispatching Unit, the electricity market
transaction operating Unit or the electricity regulating Organ.
2. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity generating Unit for the acts of using
electricity metering equipment which has not been tested under regulation or
which does not meet the technical standards and regulations specified for
electricity metering equipment of powerplants;
3. A fine of between 30,000,000 and 40,000,000 dong
shall be imposed on the electricity generating Unit for one of the following
acts:
a) Failure to comply with the technical process,
standard and regulation on connection and operation of power plant and grid;
b) Provision of incorrect information on the
readiness of the generating set and power plant causing damage to the
generation.
4. A fine of between 90,000,000 dong and
100,000,000 dong shall be imposed on the electricity generating Unit having the
total installed capacity of power plants greater than 25% of the total
installed capacity of power plants with a capacity greater than 30 MW in the
power system.
5. In addition to the main forms of sanction, the
electricity generating Unit shall be subject to the following remedial
measures:
a) Coercive use of equipment which has been tested
and met the technical standard and regulations for the acts specified in Clause
2 of this Article;
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Article 8. Violation of
regulations on electricity transmission
1. A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on the electricity transmitting Unit for the acts of
failure to provide information on the carrying capacity, operation mode of
transmission grid and the provision of equipment and information related to the
electricity transmission upon a written request of the national electricity
system dispatching Unit, the electricity market transaction operating Unit or
the electricity regulating Organ.
2. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity transmitting Unit for one of the acts
as follows:
a) Permission for connection to the power
transmission grid of the equipment which has not met the prescribed technical
standard and regulation.
b) Use of electricity metering equipment which has
not been tested under regulation or does not meet the technical standard and
regulation prescribed for the electricity metering equipment of the power
transmission grid.
3. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the electricity transmitting Unit for one of the acts
as follows:
a) Failure to comply with the technical process and
regulations on grid operation;
b) Failure to provide the electricity transmission
services upon requirements of the grid using unit, except for cases of
overloaded grid under the certification of the electricity regulating Organ;
c) Provision of incorrect information on the
operation of grid causing damage to the electricity transmission operation.
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a) Failure to take the remedial measures and
restore the working state of the power transmission grid under regulation
causing interruption to the power supply or overloading of electrical equipment
on the power transmission grid within the prescribed time limit under the
Regulation on power transmission system without plausible reasons.
b) Failure to stop or require the national
electricity system dispatching Unit to reduce the power transmission in case
there are risks of threatening people’s lives and safety of equipment.
5. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity transmitting Unit for one of the acts
as follows:
a) Failing to build or delay the building of power
grid from the connection point of the electricity generating Unit and
electricity distributing Unit when such units have met the conditions and
technical standard and regulation on connection to the national electricity
system without plausible reason certified by the electricity regulating Organ.
b) Failing to provide transmission services
improperly as specified in the Regulation on transmission power system, causing
damage to the power generating Unit, the power distributing Unit or customers
using electricity directly connected to the power transmission grid, except for
overloading of power grid as certified by the electricity regulating Organ.
c) Contributing capital to establish the
electricity generating Unit or purchase shares of the electricity generating
Unit.
6. In addition to the main forms of sanction, the
electricity transmitting Unit shall be subject to the following remedial
measures:
a) Coercive use of equipment which fully meets the
technical standard and regulation for the acts specified at Point b, Clause 2
of this Article;
b) Coercive recovery of capital contributed or
purchased of the electricity generating Unit for the acts specified at Point c,
Clause 5 of this Article;
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1. A fine of between 1,000, 000 dong and 3,000,000
dong shall be imposed on one of the acts as follows:
a) Removal or installation of electricity metering
equipment when not on duty;
b) There is no record of removal or hanging upon
installation or replacement of electricity metering equipment;
c) There is no professional card upon adjustment of
electricity metering equipment on the grid;
d) There is no verification Certificate or
verification stamp or mark upon verification of electricity metering equipment;
dd) No acceptance at the proper time limit after
installation, replacement, repair or adjustment of electricity metering
equipment;
2. A fine of between 6,000,000 dong and 8,000,000
dong shall be imposed on the electricity distributing Unit for one of the
following acts:
a) Failing to complete the testing, repair or
replacement of electricity metering equipment or have replacement solution
within 03 working days from the time of receiving the written request of the
electricity buyer;
b) Failing to deal with incidents within 02 hours
from the time of detection or receipt of notice of the electricity buyer of the
grid incident managed by the electricity seller in order to restore the power
supply without any plausible reason.
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d) Using the electricity metering equipment which
has not been tested under regulation or has been tested but not meet the
technical standard and regulation specified for the electricity metering
equipment for the electricity distribution grid;
dd) Using the electricity metering equipment which
is not consistent with the National Standard (TCVN) or has not been tested and
sealed by the state management organ or organization appointed for measurement.
3. A fine of between 8,000,000 dong and 10,000,000
dong shall be imposed on the electricity distributing Unit for one of the
following acts:
a) Stopping or reducing the power supply without
notice under regulation on the order of stoppage or reduction in power supply;
b) Arbitrarily using the electricity works which
are not under their management to supply power to other organizations and
individuals using electricity;
c) Stopping or reducing the power supply to the
customers subject to the priority status upon power shortage, except in cases
of risks of causing serious and unsafe incidents to people, electrical
equipment and system.
4. A fine of between 10,000,000 and 20,000,000 dong
shall be imposed on the electricity distributing Unit for one of the acts as
follows:
a) Failing to make report on the readiness for
operation, the reserve level of grid and power distribution equipment and the
need of electricity use in their operation area at the request of the national
electricity system dispatching Unit, the electricity market transaction
operating Unit or the electricity regulating Organ or the competent state
authority;
b) Failing to provide correct information effecting
the safety and damage to the power supply;
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5. A fine of 20,000,000 dong and 30,000,000 dong
shall be imposed on the electricity distributing Unit for the acts of stopping
the power supply due to technical incident, violation of operation process or
equipment not being tested under regulation.
6. A fine of 30,000,000 dong and 40,000,000 dong
shall be imposed on the electricity distributing Unit for the acts of
permitting the connection to the electricity distribution grid with the
equipment which is not consistent with the technical standards and regulations
under regulation.
7. In addition to the main forms of sanction, the
electricity distributing Unit shall be subject to the following remedial
measures:
a) Coercively using the electricity metering
equipment which has been tested and meet the technical standard and regulation
for the acts specified at Point Article and dd, Clause 2 of this Article;
b) Coercively compensating for the amount of damage
for the acts specified at Point d and dd, Clause 2 of this Article.
Article 10. Violation of
regulations on power purchase and wholesale
1. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the power wholesaler for not selling power at the
price specified by the competent authority.
2. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the electricity Unit for the acts of power purchase
and wholesale of which the contract for power purchase and wholesale has not
complied with the regulations of law on the power sale contract with definite
time.
3. A fine of between 40,000,000 dong and 50,000,000
dong shall be imposed on the power wholesaler for the acts of power sale with
the units having no electricity operation Permit.
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5. In addition to the main forms of sanction, the
power wholesaler is also subject to the remedial measures to coercively make
payment to the state budget of the amount illegally obtained from the acts of
electricity export without electricity export specified in Clause 4 of this
Article;
Article 11. Violation of
regulation on electricity retailing
1. A caution or a fine of between 300,000 dong and
500,000 dong shall be imposed on the acts of inspecting organizations and
individuals without producing electricity inspector card or without having
inspection Decision of the electricity Unit.
2. A fine of between 2,000,000 dong and 6,000,000
dong shall be imposed on the power retailer for one of the acts as follows:
a) Failing to publicly post up at the power trading
places the regulations of law on electricity tariff; procedures for power
supply, metering, meter reading, collection of electricity charge and
completion of electricity services; regulations on stoppage and reduction in
power supply; instruction about electricity safety;
b) Failing to sign the electricity sale contract
after 07 working days without plausible reason after the electricity buyer for
domestic use ensures the conditions and agrees with the contents in the draft
contract.
3. A fine of between 6,000,000 dong and 10,000,000
dong shall be imposed on the power retailer for the acts of preventing the
public affair enforcer from examining or inspecting the electricity sale
4. A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed on the power retailer for one of the acts as follows:
a) Failing to sign the electricity sale contract
except for domestic use after 07 working days without any plausible reason
after the electricity buyer for domestic use ensures the conditions and agrees
with the contents in the draft contract.
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c) Selling electricity without sale contract with
customers using power.
5. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity retailer for failing to sell the
electricity at the price specified by the competent authority.
6. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the acts of occupational abuse to harass organizations
and individuals using power for benefits.
7. A fine of between 40,000,000 dong and 50,000,000
dong shall be imposed on the electricity retailer for the acts of buying
electricity from the electricity Unit which does not have its electricity
operation Permit.
8. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity retailer for the acts of electricity
import, export without electricity import, export Permit.
9. In addition to the main forms of sanction, the
electricity retailer is also subject to the remedial measures to coercively
make payment to the state budget of the amount illegally obtained from the
electricity export without Permit specified in Clause 8 of this Article;
Article 12. Violation of
regulations on electricity use
1. A caution or a fine of between 500,000 dong and
1,000,000 dong shall be imposed on the acts of preventing competent person from
inspection of use of electricity.
2. A fine of between 1,000,000 dong and 2,000,000
dong shall be imposed on one of the following acts:
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b) Arbitrarily supplying power to the organizations
and individuals subject to power supply suspension due to violation of
regulations on use of electricity and regulations of law on construction and
environmental protection.
3. A fine of between 2,000,000 and 4,000,000 dong
shall be imposed on one of the following acts:
a) Arbitrarily installing, energization, cutting,
repair, removal and replacement of electrical equipment and electrical works of
the electricity seller;
b) Failing to notify the electricity seller 15 days
in advance when having need of termination of electricity sale contract in case
of buying electricity for other purposes other than domestic purposes.
4. A fine of between 4,000,000 and 5,000,000 dong
shall be imposed on the acts of arbitrary energization for use when the
electrical works of the electricity buyer has not been accepted or during the
time of suspension of power supply due to violation of regulations on the use
of electricity and regulations of law on construction and environmental
protection.
5. A fine of between 5,000,000 and 7,000,000 dong
shall be imposed on one of the following acts:
a) Causing damage, arbitrarily removing the
electricity metering system (including the meter protection cabinet, the seals
and wiring diagram);
b) Using equipment the purpose of interference
causing damage to the equipment of data transmission, measurement and
protection of electrical system.
6. A fine of between 7,000,000 dong and 10,000,000
shall be imposed on the lessor who collects the electricity charge from the
tenant higher than the prescribed price in case of buying electricity at
retailing price for domestic use.
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8. A fine of between 20,000,000 dong and 30,000,000
shall be imposed on one of the major customer’s acts as follows:
a) Failing to comply with regulations on use of
electricity in accordance with the requirement of the national electricity
system dispatching Unit in case the system is limited its capacity without any
measure to ensure the voltage standard agreed in the electricity sale contract;
b) Using electric devices and connection equipment
which do not meet the standards (technical regulation and standard on
electrical safety for connection to the national electrical grid;
c) Failing to carry out the operation order of the
national electricity system dispatching Unit;
d) Failing to carry out the cutting and reduction
in electric consumption upon the requirement from the electricity seller due to
the unforeseen faults.
9. A fine shall be imposed on the acts of
electricity theft in any form as follows:
a) A fine of between 2,000,000 and 5,000,000 dong
shall be imposed on the electricity theft with an amount of less than 1,000
kWh;
b) A fine of between 5,000,000 and 10,000,000 dong
shall be imposed on the electricity theft with an amount from 1,000 kWh to less
than 2,000kWh;
c) A fine of between 10,000,000 and 15,000,000 dong
shall be imposed on the electricity theft with an amount from 2,000 kWh to less
than 4,500kWh;
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dd) A fine of between 20,000,000 and 25,000,000
dong shall be imposed on the electricity theft with an amount from 6,000 kWh to
less than 8,500kWh;
e) A fine of between 25,000,000 and 30,000,000 dong
shall be imposed on the electricity theft with an amount from 8,500 kWh to less
than 11,000kWh;
g) A fine of between 30,000,000 and 35,000,000 dong
shall be imposed on the electricity theft with an amount from 11,000 kWh to
less than 13,500kWh;
h) A fine of between 35,000,000 and 40,000,000 dong
shall be imposed on the electricity theft with an amount from 13,500 kWh to
less than 16,000kWh;
i) A fine of between 40,000,000 and 45,000,000 dong
shall be imposed on the electricity theft with an amount from 16,000 kWh to
less than 18,000kWh;
k) A fine of between 45,000,000 and 50,000,000 dong
shall be imposed on the electricity theft with an amount from 18,000 kWh to
less than 20,000kWh;
10. In case of electricity theft from 20,000 kWh or
more and the record of this case is transferred for criminal prosecution under
the provisions of Clause 1, Article 44 of this Decree, but then there is a
decision on no criminal prosecution or decision on annulment of decision on
criminal prosecution, decision on suspension of investigation or case from the
competent authority or return of record, the time limit for sanction shall be
applied under the provisions in Article 63 of the Law on handling of
administrative violation, the rate of fine specified at Point k, Clause 9 of
this Article and the remedial measures specified at Point Article, Clause 12 of
this Article;
11. In addition to the main forms of sanction, the
organizations and individuals committing violation are also subject to the
additional forms of sanction such as confiscation of exhibit and means used to
commit the violation for the acts specified in Clause 5 and 9 of this Article.
12. In addition to the main forms of sanction,
organizations and individuals committing violation shall also be subject to the
remedial measures as follows:
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b) Coercive payment to the state budget of the
entire illegal amount of money obtained due to acts specified in Clause 6 and 7
of this Article;
c) Coercive use of equipment which meet the
technical regulations and standard for the acts specified at Point b, Clause 8
of this Article;
d) Coercive compensation for the amount of damage
for the acts specified at Point a, Clause 5 and 9 of this Article;
Article 13. Violation of
regulations on electric system dispatching
1. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the regional electricity system dispatching Unit and
the regional electricity system dispatching Unit due to no compliance with the
relevant process and regulations but no causing of fault in the electric system
without plausible reason.
2. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed the national electricity system dispatching Unit and the
regional electricity system dispatching Unit for one of the following acts:
a) Dispatching the electric system inconsistently
with the approved operation plan causing fault in the electrical system without
plausible reason;
b) Committing violation of Process of manipulation
of national electric system causing fault in the electrical system;
c) Failing to comply with the Process of handling
of fault of national electric system resulted in the expanded scope of fault.
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3. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity generating Unit and the electricity
transmitting Unit for the acts of failure to report to the electricity system
dispatching Unit on the fault and the state of abnormal working of the
equipment at risk of causing fault and stopping the operation of power plant
and electricity transmission grid.
4. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity generating Unit and the electricity
transmitting Unit for one of the acts as follows:
a) Failing to comply with the dispatching order of
the electricity dispatching Unit under the regulations of the Process of
dispatch of national electric system and the relevant process and regulation,
except for implementation of dispatching order which causes the unsafety to
people and equipment;
b) Failing to comply with the Process of
manipulation of national electric system, the Process of black booting, Process
of handling of fault of national electric system, Process of restoration of
national electric system, Process of operation of equipment and other relevant
processes and regulations resulted in causing fault in the power plant and on
the power transmission grid.
5. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity distributing Unit for one of the
following acts:
a) Failing to comply with the dispatching order
from the electricity system dispatching Unit under the provisions in the
Process of dispatching of national electricity system, except for
implementation of dispatching order, causing the unsafety to people and
equipment.
b) Failing to comply with the Process of
manipulation of national electricity system, Process of manipulation of
electricity distribution grid and Process of operation of equipment causing
fault on the power transmission grid.
c) Failing to comply with the Process of handling
of fault of national electric system and the Process of handling of fault of
electricity distribution grid resulted in the expanded scope of fault.
6. In addition to the main forms of sanction, the
national electricity system dispatching Unit and the regional electricity
system dispatching Unit are also subject to the remedial measures to coercively
re-sell the capital contributed or purchased from the electricity generating
Unit for the acts specified at Point Article, Clause 2 of this Article.
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1. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity transmitting Unit for the act of
failing to provide information on the plan for repair of grid for the
electricity system dispatching Unit, the electricity market transaction
operating Unit in a timely manner specified in the Regulation on the
competitive electricity market and Regulation on electricity transmission
system.
2. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity transmitting Unit for the acts of
failing to provide information or provide incorrect information for the
planning of annual electricity system operation and the schedule of monthly and
weekly electricity capacity mobilization under the provisions of Regulation on
competitive electricity market.
3. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the electricity market transaction operating Unit for
one of the following acts:
a) Violation of regulations on publication of
information specified in the Regulation on competitive electricity market;
b) Use of input data and data for the annual
operational planning of electricity system without the permission from the
competent authority under the Regulation on the competitive electricity market.
4. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity market transaction operating Unit and
the electricity system operating Unit for one of the acts as follows:
a) Committing violation of regulations on
information confidentiality specified in the Regulation on the competitive
electricity market;
b) Failing to provide information for inspection of
electricity market, settlement of dispute and handling of violation on the
electricity market completely and in a timely manner under the Regulation on
competitive generation market operation and Regulation on electricity market
monitoring.
c) Failing to comply with the regulation on
scheduling of generating sets specified in the Regulation on the competitive
electricity market and Regulation on electricity transmission system.
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dd) Interfering in the operation of electricity
market without complying with the provisions in the Regulation on competitive
electricity market and Regulation on electricity transmission
system.
e) Violating the order, procedures and method of
calculation of annual electricity output for the generating Units under the
Regulation on competitive electricity market and Regulation on sample
electricity sale contract;
g) Losing data used for preparing dossier to make
payment of electricity traded on the market during the storage under the
Regulation on competitive electricity market;
h) Making an agreement with the electricity
generating Unit in price offer for the generating sets of the electricity
generating Unit to be scheduled inconsistently with the order and procedures
specified in the Regulation on competitive electricity market.
5. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the electricity generating Unit for one of the acts as
follows:
a) Failing to prepare and send dossier for
participation in the electricity market under the Regulation on competitive
electricity market.
b) Failing to invest in the electricity market
information connection system, SCADA/EMS, power metering to meet the
requirement for electricity system and market operation.
6. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity generating Unit for one of the acts as
follows:
a) Failing to provide information or provide
incorrect information for the planning of annual electricity system operation
and the schedule for mobilization of monthly and weekly electricity system
capacity; for settlement of dispute and handling of violation on electricity
market under the Regulation on competitive electricity market.
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c) Making a direct or indirect agreement with other
units in limitation or control of capacity offered for sale on the market in
order to increase price on the spot market resulted in effect on power supply
security;
d) Making an agreement with the electricity market
transaction operating Unit in the price offering for improper scheduling.
7. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the electricity wholesaler for one of the acts as
follows:
a) Failing to provide information or provide
incorrect information for the planning of annual electricity system operation
and the schedule for mobilization of monthly and weekly electricity system
capacity; for settlement of dispute and handling of violation on electricity
market under the Regulation on competitive electricity market.
b) Failing to comply with regulation on order,
procedures for assessment and approval for electricity sale contract.
8. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the metered data managing Unit and the metering system
operation managing Unit for the acts of failing to take remedial measures of
fault of electricity metering system; system of collection, processing and
storage of electricity metering data within the time limit under the Regulation
on electricity metering on the competitive electricity generating market;
9. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the electricity metering equipment testing Unit for
the acts of violation of regulation on confidentiality of password levels of
electricity meter under the Regulation on electricity metering on the
competitive electricity generating market.
10. In addition to the main form of sanction, the
electricity generating units are also subject to the remedial measures to
coercively make payment to the state budget of the amount illegally obtained
due to committing acts specified at Point h, Clause 4, Point b, c and d, Clause
6 of this Article;
Article 15. Violation of regulation
on electricity safety
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a) Entering the electricity station or climbing on
power pole when not on duty;
b) Growing trees or let the trees cause violation
of the safety distance to the overhead power transmission lines or power
stations;
c) Installing TV antenna, clothes line,
scaffolding, advertising light box at the place that may impact on the grid
upon collapse or falling.
d) Flying kite or anything that can cause fault to
the power grid.
2. A fine of between 5,000,000 dong and 10,000,000
dong shall be imposed on one of the acts of violation as follows:
a) Using any part of the grid for other purposes
without agreement with the grid operation managing Unit;
b) Discharging or covering raw materials, wastes,
supplies or equipment under electrical wire of overhead power transmission
lines with the distance from the electrical wire to the materials, waste,
supplies or equipment smaller than the safety distance of electricity discharge
by voltage level;
c) Using any part of the houses and works which are
permitted for existence in the protection safety corridor of overhead electric
wire for other purposes in violation of safety distance of electricity
discharge by voltage level;
d) Building or renovating houses and works in the
protection safety corridor of overhead electric wire when there is no agreement
or failure to comply with the agreements to ensure the safety during the
building and renovation of houses and works with the line operation managing
unit;
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e) Building houses and works infringing the doorway
and air gate of electricity station and power plant;
3. A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on one of the acts of violation as follows:
a) Performing works underground or dredging the
rivers, lakes and ponds within the safety protection corridor of underground
electric cable without prior notice to the cable operation managing unit under
regulation;
b) Failing to place the safety signs and signals
about the grid and power plant under regulation;
c) Cutting trees and letting them fall into the
grid;
d) Building houses and works on the safety
protection corridor of underground electric cable;
dd) Having no work ticket or work order upon
performing work specified in the work ticket or work order
4. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on one of the acts of violation as follows:
a) Digging hole or driving pile in the safety
protection corridor of underground electric cable;
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c) Removing any part of grid and power plant when
not on duty;
d) Tossing, throwing, shooting or casting any
object causing damage to parts of grid or power plant or causing fault to the
grid and power plant;
dd) Using electricity to trap, catch animals or as
a means of direct protection in contradiction with the law;
e) Failing to issue complete procedures and
regulations on electricity safety under regulation;
g) Failing to take complete safety measures under
regulation when working under the work ticket or work order resulted in causing
accident or incident;
h) Employing persons are not trained on electric
profession or electricity safety, or are not issued with electricity safety
card to carry out work of management, operation, repair of grid or power plant.
5. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on one of the acts of violation as follows:
a) Designing, installing and putting into operation
the power grid or power plant which does not meet the technical regulation and
electricity safety;
b) Failing to test the lightning and earthing
system of the power plant and electricity station;
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6. A fine of between 40,000,000 dong and 50,000,000
dong shall be imposed on one of the acts of violation as follows:
a) Digging the earth causing subsidence and
collapse of pole of power transmission lines or equipment of electricity
station and power plant;
b) Exploding mine causing damage to any part of
grid and power plant;
c) Using means of performance shocking and damaging
grid and power plant;
7. In addition to the main forms of sanction,
organizations and individuals committing violation are also subject to the
additional form of sanction as confiscation of exhibit and means used to commit
acts of violation specified in Clause 2; Point a, c and d, Clause 3; Points a,
b, c, d and dd, Clause 4; Point c, Clause 5; Point a and c, Clause 6 of this
Article.
8. In addition to the main forms of sanction and
additional sanction, organizations and individuals committing must take
remedial measures as follows:
a) Coercively restoring the initial state for the
acts specified at Point b and c, Clause 1, 2, Points c and Article, Clause 3;
Point a, c and d, Clause 4; Point c, Clause 5 and 6 of this Article;
b) Coercively removing means and equipment of
performance out of the safety corridor of high voltage grid for the acts
specified at Point dd, Clause 2; Point a, Clause 3; Point b, Clause 4; Point a
and c, Clause 6 of this Article;
c) Coercively separating the power transmission
lines and electrical equipment which do not meet the technical standard and
safety for the acts specified at Point a, Clause 5 of this Article;
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SECTION 2. FIELD OF SAFETY OF
HYDROELECTRIC DAMS
Article 16. Violation of
regulations on operation management of hydroelectric dams
1. A fine of between 3,000,000 and 7,000,000 dong
shall be imposed on the acts of failing to register the safety of hydroelectric
dam under regulations of law on safety management of hydroelectric dam.
2. A fine of between 20,000,000 and 25,000,000 dong
shall be imposed on the acts of having no procedures for equipment operation
and procedures for maintenance of hydroelectric dam;
3. A fine of between 30,000,000 and 35,000,000 dong
shall be imposed on one of the acts as follows:
a) Having no procedures for hydroelectric reservoir
operation or operation failing to operate consistently with the procedures for
hydroelectric reservoir operation approved by the competent authority;
b) Failing to install the monitoring equipment of
hydroelectric dam under the approved design;
c) Failing to monitor, process or store the
monitoring data;
d) Failing to make report on safety state of hydroelectric
dam to the competent state authority;
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a) Failing to maintain the hydroelectric dams and
equipment installed at the hydroelectric dams under regulation;
b) Failing to prepare the reserve resources,
materials and supplies for the prevention of floods and storms to ensure the
safety of hydroelectric dams under the approved plan;
c) Failing to prepare the reserve resources,
materials and supplies for the prevention of floods for the downstream areas of
hydroelectric dams under the approved plan;
5. A fine of between 65,000,000 and 75,000,000 dong
shall be imposed on the acts of having backup power or having but cannot be
used for operation of spillway gates;
6. A fine of between 90,000,000 and 100,000,000
dong shall be imposed on the acts of failing to implement the safety inspection
of dams under regulation.
7. In addition to the main forms of sanction,
organizations and individuals committing acts of violation specified in Clause
6 of this Article are also subject to the additional sanction such as suspended
water retention of hydroelectric reservoir until the completion of safety
inspection of hydroelectric dam but not exceeding 24 months.
Article 17. Violation of
regulations on safety assurance of hydroelectric dam in downstream areas
1. A fine of between 15,000,000 and 20,000,000 dong
shall be imposed on one the acts as follows:
a) Failing to set up boundary landmark within the
scope of protection vicinity of hydroelectric dam or failing to perform the
management and repair of boundary landmark within the scope of protection
vicinity of hydroelectric dam;
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2. A fine of between 25,000,000 and 30,000,000 dong
shall be imposed on one the acts as follows:
a) Failing to maintain the mode of communication
and mode of report to the superior Steering Committee for Flood and Storm
prevention and the competent state management authority under regulation;
b) Failing to give prior warning or notice to the
residents and local authority of flood discharge of hydroelectric reservoir;
c) Having no flood prevention plan for the
downstream area of hydroelectric dam due to urgent flood discharge or scenery
of break of hydroelectric dam approved by the competent authority;
Article 18. Violation of
regulation on safety assurance of protection vicinity of hydroelectric dam
1. A fine of between 5,000,000 dong and 10,000,000
dong shall be imposed on the acts of anchoring boats, rafts within the
hydroelectric dam or dam abutment, except for the means used for inspection,
maintenance or repair of hydroelectric dam.
2. In addition to the main forms of sanction,
organizations and individuals committing acts of violation shall also be
subject to the additional forms of sanction such as confiscation of violating
means for the acts specified in Clause 1 of this Article;
SECTION 3. FIELD OF THRIFT AND
EFFECTIVE USE OF ENERGY
Article 19. Violation of key
energy using facilities on energy audit
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2. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the acts of failing to conduct the energy audit under
regulation.
Article 20. Violation of
regulation on training and issue of energy auditor certificate
1. For organizations which provide training courses
and issue certificate of completion of course of energy auditor which does not
ensure the prescribed conditions:
a) A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed on the violation of regulation on teaching contingent;
b) A fine of between 15,000,000 dong and 20,000,000
dong shall be imposed on the acts of failing to comply with the contents of
training;
c) A fine of between 20,000,000 dong and 25,000,000
dong shall be imposed on the acts of violation of regulations on material
facilities;
d) A fine of between 25,000,000 dong and 30,000,000
dong shall be imposed on the acts of training organization without permission
from the competent authority.
2. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the organizations having acts of issue of certificate
of completion of course of energy auditor inconsistently with the regulations
on training and issue of certificate of energy management and energy auditor.
3. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the organization conducting the examination for issue
of energy auditor certificate inconsistently with the training and issue of
certificate of energy management and energy auditor.
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5. In addition to the main forms of sanction, the
violating organizations are also subject to the remedial measures as follows:
a) Coercively invalidating the certificate of
completion of course of energy auditor and announcing the list of violating
certificates to the organizations issuing the energy auditor certificate for
the acts specified at Points b, c and d, Clause 1 and 2 of this Article;
b) Coercively refunding the collected amount of
money to the learners and bearing all costs for the refunding for the acts
specified at Point b, c and d, Clause 1 and 2 of this Article;
c) Coercively revoking the issued energy auditor
certificate for the acts specified in Clause 3 of this Article;
Article 21. Violation of
regulation on energy audit
1. A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed on one of following acts:
a) Using fake auditor certificate;
b) Leasing or lending auditor certificate for performance
of audit.
2. A fine of between 15,000,000 dong and 30,000,000
dong shall be imposed on the key energy using facilities for one of the acts of
self performance of energy audit or leasing of audit organization for
performance of energy audit when there is no contingent of energy auditors who
are issued with the energy auditor certificate; no appropriate technical means
and equipment for the energy audit.
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4. In addition to the main forms of sanction, the
violating individuals shall also be subject to the additional sanction such as
depriving the right to use the energy audit certificate from 06 to 12 months
for the act specified at Point b, Clause 1 of this Article;
Article 22. Violation of
regulation on thrifty and effective use of energy in industrial production
A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the acts of failing to perform technical regulations
and management measures and required technology to use energy thriftily and
effectively.
Article 23. Violation of
thrifty and effective use of energy in production and energy supply
1. A fine of between 60,000,000 dong and 70,000,000
dong shall be imposed on organizations having acts of failing to remove the
generating sets with backward technology and low performance under the roadmap
stipulated by the competent authority.
2. A fine of between 90,000,000 dong and
100,000,000 dong shall be imposed on organizations installing the generating
sets with backward technology and low performance without being built under
regulation.
3. In addition to the main forms of sanction, the
violating organizations shall also be subject to the additional sanction such
as depriving the right to use the construction permit from 12 to 24 months for
the acts specified in Clause 2 of this Article;
4. In addition to the main forms of sanction, the
violating organizations shall also be subject to the remedial measures such as
removing such generating set for the acts specified in Clause 1 of this
Article;
Article 24. Violation of
thrifty and effective use of energy in public lighting
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2. A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on the acts of repair, replacement or use of lighting
equipment of improper technical regulation on the thrifty and effective use of
energy in public lighting.
3. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the acts of new installation of public lighting system
using the lighting equipment of improper technical regulation on the thrifty
and effective use of energy in public lighting.
4. In addition to the main forms of sanction, the
violating organizations and individuals are also subject to the remedial
measures such as coercively using the lighting equipment of proper technical
regulations on thrifty and effective use of energy in public lighting for the
acts of specified in Clause 2 and 3 of this Article;
Article 25. Violation of
thrifty and effective use of energy in constructional activities.
1. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the acts of failing to comply with regulations on norm
of energy use, technical regulations in design, performance and use of
constructional materials for thrift of energy.
2. In addition to the main forms of sanction, the
violating organizations and individuals are also subject to the remedial
measures such as coercively comply with regulations on norm of energy use,
technical regulations in design, performance and use of constructional
materials for thrift of energy.
Article 26. Violation of
regulations on thrifty and effective use of energy in transportation
1. A fine of between 4,000,000 dong and 6,000,000
dong shall be imposed on the acts of using means of transportation included in
the List of means and equipment to be removed under regulation.
2. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the acts of manufacturing equipment and means of
transportation without compliance with the technical regulations and norm of
energy consumption on thrifty and effective use of energy in manufacturing of
equipment and means of transportation.
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4. In addition to the main forms of sanction, the
violating organizations and individuals are also subject to the remedial
measures as follows:
a) Coercively circulating or destroying such
equipment and means of transportation for the acts specified in Clause 1 of
this Article.
b) Coercively re-exporting or destroying such
imported equipment and means of transportation for the acts specified in Clause
3 of this Article.
Article 27. Violation of
thrifty and effective use of energy in agricultural production
For the acts of using fishing means and equipment
of backward technology and low performance included in the List of means and
equipment to be removed under the roadmap issued by the competent authority:
1. A caution shall be imposed on unserious acts of
violation.
2. A fine of between 5,000,000 dong and 10,000,000
dong shall be imposed on the acts of recidivism after 06 months from the date
of caution.
3. In addition to the main forms of sanction, the
violating organizations and individuals are also subject to the remedial
measures such as terminating the circulation of such means and machinery.
Article 28. Violation of
regulation on training and issue of energy management certificate
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a) A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed on the acts of violation of regulation on contingent of
lecturers;
b) A fine of between 15,000,000 dong and 20,000,000
dong shall be imposed on the acts not comply with the training contents under
regulation or the acts of violation of teaching materials;
c) A fine of between 20,000,000 dong and 25,000,000
dong shall be imposed on the violation of regulation on material facilities;
d) A fine of between 25,000,000 dong and 30,000,000
dong shall be imposed on the acts of training organization without the
permission from the competent authority.
2. For the acts of improper issue of energy
management certificate:
a) A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the violation of regulation on examination and issue
of certificate under regulation;
b) A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the violation of issue of certificate without the
permission from the competent authority.
3. In case of acts of recidivism specified at Point
b and c, Clause 1 of this Article, in addition to main forms of sanction, such
organizations and individuals are also subject to the additional forms of
sanction such as depriving the right to use the certificate of eligibility for
energy management training facilities from 06 to 12 months.
4. In addition to the main forms of sanction, the
violating organizations and individuals are also subject to the remedial
measures as follows:
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b) Coercively refunding the collected money and
bearing all cost of the refunding for the acts specified at Points b, c, d,
Clause 1 of this Article;
c) Coercively revoking the issued energy management
certificate for the acts specified in Clause 2 of this Article;
Article 29. Violation of
regulation on application of energy management model
1. A caution shall be imposed on the head of the
key energy using facilities for failing to fully comply with the contents of
energy management model.
2. A fine of between 5,000,000 dong and 10,000,000
dong shall be imposed on the acts of failing to appoint or appointing
ineligible energy manager;
3. A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on the acts of failing to formulate the plan for thrifty
and effective use of energy for every year and 05 years; acts of failing to
comply with the regulation on prescribed reporting and report on the
implementation result of annual and 5 year plan.
Article 30. Violation of
regulation on energy labeling and use of energy label
1. A fine of between 5,000,000 dong and 10,000,000
dong shall be imposed on the acts of failing to report or truthfully report to
the competent state authority on the amount and types of manufactured and
imported means and equipment that must be affixed with energy label.
2. A fine of between 10,000,000 dong and 15,000,000
dong shall be imposed on the acts of violation of regulation on improper use of
energy label such as attaching the energy label on means or equipment or
packages with inappropriate size, change of size by increase or decrease
inconsistently with the ratio or the acts of obscuring or confusion affecting
the information stated on the energy label under regulation.
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4. For the acts of failing to carry out the energy
labeling for the means and equipment that must be affixed with energy label.
a) A caution shall be imposed for the 1st
violation;
b) A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on the acts of failing to affix energy label for the
means and equipment that must be affixed with energy label after the caution
under the provision at Point a of this Clause.
5. A fine of between 30,000,000 dong and 40,000,000
dong shall be imposed on the acts of providing wrong information about the
energy efficiency on the energy label compared with the energy labeling
certificate of the means and equipment issued by the competent authority.
6. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the acts of energy labeling for the means and
equipment inconsistently with the energy labeling certificate or the acts of
energy labeling for the means and equipment without being issued with the
energy labeling certificate;
7. In addition to the main forms of sanction, the
violating individuals and organizations are also subject to the remedial
measures as follows:
a) Coercive revocation of energy labeling
certificate issued for the acts specified in Clause 1 of this Article;
b) Suspension of energy labeling for the acts
specified in Clause 3 of this Article within 06 months;
c) Coercive revocation of products affixed with
energy labeling for the acts specified in Clause 6 of this Article;
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1. A fine of between 20,000,000 dong and 30,000,000
dong shall be imposed on the organizations issuing certificate of standard
conformity and testing result meeting the standard of energy efficiency to the
substandard means and equipment;
2. In addition to the main forms of sanction, the
violating organizations are also subject to the remedial measures as follows:
a) Coercive revocation of certificate and the
testing result issued and compensation for damage for the acts specified in
Clause 1 of this Article;
b) Deletion of name from the List of standard
laboratories eligible for implementation of test of energy efficiency for the
acts of recidivism specified in Clause 1 of this Article;
Article 32. Violation of
regulations on the List of means and equipment to be affixed with energy label,
application of minimum energy level and implementation roadmap
1. A fine of between 10,000,000 dong and 20,000,000
dong shall be imposed on the violation of regulation on energy labeling in
production, import and distribution of energy-consuming means and equipment
included in the List of means and equipment to be affixed with energy label;
2. A fine of between 50,000,000 dong and 60,000,000
dong shall be imposed on the production and import of energy-consuming means
and equipment included in the List of means and equipment to be removed;
3. In addition to the main forms of sanction, the
violating individuals and organizations are also subject to temporary seizure
of violating means and equipment or subject to additional sanction such as
confiscation of violating exhibit, means and equipment for the acts specified
in Clause 1 and 2 of this Article;
4. In addition to the main forms of sanction, the
violating individuals and organizations are also subject to the remedial
measures as follows:
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b) Coercive energy labeling under regulation for
the acts specified in Clause 1 of this Article;
5. The violating individuals and organizations must
bear all costs for the remedial measures specified in Clause 4 of this Article;
Chapter 3.
AUTHORITY AND PROCEDURES
FOR SANCTION
Section 1. Authority to
sanction in the field of electricity
Article 33. Authority to
sanction of Chairman of People’s Committee at all levels
The Chairman of People’s Committees at all levels
has the authority to impose sanction against administrative violation in the
field of electricity occurring at localities within their management as
follows:
1. The Chairman of communal People’s Committee has
the right to impose sanction against the acts specified in Article 12 and
Clause 1, Article 15 of this Decree as follows:
a) Imposes a caution;
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c) Confiscates the exhibits and means used to
commit violation with a value not exceeding the rate of fine specified at Point
b of this Clause for the acts of violation under the authority to sanction
specified in Article 12 of this Decree.
d) Applies the prescribed remedial measures to the
acts under the authority to sanction as prescribed at Point a, Clause 12,
Article 12 and Point a, Clause 8, Article 15 of this Decree.
2. The Chairman of district People’s Committee has
the right to impose sanction against acts specified in Clause 1, 2 of Article
9, 11, 12; Clause 1, 2 and 3, Article 15 of this Decree as follows:
a) Imposes a caution;
b) Imposes a fine of between 25,000,000 dong and
50,000,000 dong on organizations;
c) Confiscates the exhibits and means used to
commit violation with a value not exceeding the rate of fine specified at Point
b of this Clause for the acts of violation under the authority to sanction
specified in Article 12 and 15 of this Decree.
d) Applies the prescribed remedial measures to the
acts under the authority to sanction as prescribed in Article 9, 11, 12 and 15
of this Decree.
3. The Chairman of provincial People’s Committee
has the right to impose sanction against acts specified in Article 5 and 6,
Clause 2 and 3, Article 9; Clause 1, Article 10, 11, 12 and 15 of this Decree
as follows:
a) Imposes a caution;
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c) Applies additional forms of sanction prescribed
for acts of violation under the authority to sanction as prescribed in Article
12 and 15 of this Decree;
d) Applies the prescribed remedial measures to the
acts under the authority to sanction as prescribed in Article 5, 6, 9, 10, 11,
12 and 15 of this Decree.
Article 34. Authority to
sanction of Inspector
Inspectors in charge of the electricity sector
under the Ministry of Industry and Trade have the authority to sanction against
acts of violation in the field of electricity nation-wide. Inspectors in charge
of the electricity sector under the Department of Industry and Trade of
provinces and centrally-run cities have the authority to sanction against acts
of violation in the field of electricity occurring within localities under
their management;
1. Inspectors and inspection officers in charge of
the electricity sector on duty have the right to:
a) Impose a caution;
b) Impose a fine of up to 500,000 dong on individuals
and up to 1,000,000 dong on organizations;
2. Chief Inspector of Department of Industry and
Trade and Head of specialized delegation team at department level have the
right to impose sanction on the acts specified in Article 5 and 6, Clause 1, 2,
3 of Article 9; Clause 1 of Article 10, 11, 12 and 15 of this Decree as
follows:
a) Impose a caution;
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c) Confiscate exhibit and means used to commit
violation with a value not exceeding the rate of fine specified at Point b of
this Clause for the acts of violation under the authority to sanction specified
in this Decree;
d) Apply the prescribed remedial measures to the
acts of violation under the authority to sanction specified in this Decree;
3. Head of specialized inspection team of the state
management organ assigned tasks of specialized inspection has the right to
impose sanction against acts specified in Article 5, 6; Clause 2 and 3, Article
9; Clause 1, Article 10, 11, 12 and 15 of this Decree as follows:
a) Imposes a caution;
b) Imposes a fine up to 25,000,000 dong on
individuals and 50,000,000 dong on organizations;
c) Confiscates the exhibits and means used to
commit violation with a value not exceeding the rate of fine specified at Point
b of this Clause for the acts of violation under the authority to sanction
specified in this Decree.
d) Applies the prescribed remedial measures to the
acts of violation under the authority to sanction specified in this Decree;
4. Chief Inspector of the Ministry of Industry and
Trade has the right to:
a) Impose a caution;
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c) Confiscates the exhibits and means used to
commit violation with a value not exceeding the rate of fine specified at Point
b of this Clause for the acts of violation under the authority to sanction
specified in this Decree.
d) Applies the prescribed remedial measures to the
acts of violation under the authority to sanction specified in this Decree;
5. Head of specialized inspection team at
ministerial level has the right to::
a) Impose a caution;
b) Impose a fine up to 35,000,000 dong on
individuals and 70,000,000 dong on organizations;
c) Confiscates the exhibits and means used to
commit violation with a value not exceeding the rate of fine specified at Point
b of this Clause for the acts of violation under the authority to sanction
specified in this Decree.
d) Applies the prescribed remedial measures to the
acts of violation under the authority to sanction specified in this Decree;
6. Director of Department of safe engineering and
industrial environment has the right to impose a fine to the maximum,
additional sanction and apply remedial measures on individuals and
organizations committing acts of violation in the field of electricity as
prescribed in Article 15 of this Decree nation-wide.
Article 35. Authority to
sanction of the Head of electricity regulating organ
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Article 36. Authority to
sanction of other forces
The following persons, upon detection of acts of
violation in the field of electricity specified in this Decree in their
management area have the right to impose sanction as follows:
1. Head of team of soldiers of the People's Police
has the right to impose a sanction against acts of violation specified in
Clause 1, Article 12 of this Decree;
2. Head of district police has the right to impose
a sanction against acts of violation specified in:
a) Clause 1, Article 6 of this Decree;
b) Clause 3, Article 11 of this Decree;
c) Clause 1, Article 12 of this Decree;
d) Points a and d, Clause 1; Points a, b and dd,
Clause 2; Clause 7; Points a and b, Clause 8, Article 15 of this Decree.
3. Director of provincial police has the right to
impose a sanction against acts of violation specified in:
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b) Clause 3, Article 11 of this Decree;
c) Clause 1, Article 12 of this Decree;
d) Points a and d, Clause 1; Points a, b and dd,
Clause 2; Clause 7; Points a and b, Clause 8, Article 15 of this Decree.
4. Chief Inspector of Construction Department in
the scope of management and Chief Inspector of Construction Ministry has the
right to impose a sanction against acts of violation as prescribed at Point d
and e, Clause 2, Point d, Clause 7, Point a, Clause 8, Article 15 of this
Decree;
SECTION 2. AUTHORITY TO
SANCTION IN THE FIELD OF SAFETY OF HYDROELECTRIC DAM
Article 37. Authority to
sanction of the Chairman of People’s Committee
1. Chairman of district People’s Committees has the
right to impose a fine up to 50,000,000 dong on individuals and 100,000,000
dong on organizations and apply additional forms of sanction against acts of
violation under the authority to sanction specified in Clause 1, 2, 3 and 4,
Article 16, 17, 18 of this Decree within their scope of management.
2. Chairman of provincial People’s Committees has
the right to impose a fine up to the maximum and apply additional forms of
sanction to organizations and individuals having acts of violation in the field
of safety of hydroelectric dam within their scope of management.
Article 38. Authority to
sanction of Inspector
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2. Head of specialized inspection team at
departmental level and head of specialized inspection team of state management
organ assigned tasks of specialized inspection have the right to impose a fine
up to 50,000,000 dong on individuals and 100,000,000 dong on organizations and
apply additional forms of sanction against acts of violation under the authority
to sanction specified in Clause 1, 2, 3,4 of Article 16, 17, 18 of this Decree
within their scope of management;
3. Chief Inspector of the Ministry of Industry and
Trade has the right to impose a fine to the maximum and applies the additional
forms of sanction to organizations and individuals committing acts of violation
in the field of safety of hydroelectric dams nation-wide.
4. Head of specialized inspection team at
ministerial level has the right to impose a fine up to 70,000,000 dong on
individuals and 140,000,000 dong on organizations and applies the additional
forms of sanction to acts of violation under the authority to sanction as
prescribed in Clause 1, 2, 3, 4, 5, Article 16, 17 and 18 of this Decree
nation-wide.
5. Director of Department of safe engineering and
industrial environment has the right to impose a fine to the maximum and apply
additional forms of sanction to organizations and individuals having acts of
violation in the field of safety of hydroelectric dams nation-wide.
Article 39. Authority of
people’s police
1. Head of district police and Head of provincial
police division including: Head of administrative management of social
order division, Head
of order police division, Head of economic security division have the right to
impose sanction against acts of violation specified in Article 18 of this
Decree within their scope of management;
2. Directors of provincial police has the right to
impose sanction against acts of violation under the provisions in Article 18 of
this Decree within their scope of management;
3. Director of economic security Department,
Director of administrative
management of social
order
Department have the right to impose sanction against acts of violation
specified in Article 18 of this Decree nationwide.
SECTION 3. AUTHORITY TO
SANCTION IN THE FIELD OF THRIFTY AND EFFECTIVE USE OF ENERGY
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1. Chairman of district People’s Committee has the
right to impose sanction against acts of violation in the field of thrifty and
effective use of energy at localities within their scope of management as
follows
a) Imposes a caution;
b) Imposes a fine of 50,000,000 dong on individuals
and 100,000,000 dong on organizations;
c) Confiscates the exhibits and means used to
commit violation with a value not exceeding the rate of fine specified at Point
b of this Clause for the acts of violation under the authority to sanction
specified in Article 32 of this Decree.
d) Deprives the right to use the construction
Permit and Certificate with a definite time for the acts of violation under the
authority to sanction specified in Articles 20, 21, 23 and 28 of this Decree.
dd) Applies the prescribed remedial measures to the
acts of violation under the authority to sanction as prescribed in Article 20,
22, 23, 24 and 25, Point a, Clause 4, Article 26, 27, 28, Point a and b, Clause
7, Article 30 and 31 and Point b, Clause 4, Article 32 of this Decree.
2. Chairman of provincial People’s Committee has
the right to impose sanction against acts of violation in the field of thrifty
and effective use of energy at localities within their scope of management as
follows:
a) Imposes a caution;
b) Imposes a fine of 100,000,000 dong on
individuals and 200,000,000 dong on organizations;
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d) Applies the prescribed remedial measures to the
acts of violation under the authority to sanction as prescribed in Article 20,
22, 23, 24, 25, 26, 27, 28, 30, 31 and 32 of this Decree.
Article 41. Authority to
sanction of inspector
1. Chief Inspectors of Department of Industry and
Trade has the right to impose a caution and a fine of 50,000,000 dong on
individuals and 100,000,000 dong on organizations and applies additional forms
of sanction and remedial measures to the acts of violation under the authority
to sanction specified in Articles 21, 22, 24, 26, 27, 28, 29, 30, 31 and 32 of
this Decree within their management;
2. Chief Inspectors of Department of Construction
has the right to impose a fine up to 50,000,000 dong on individuals and
100,000,000 dong on organizations and applies remedial measures for the acts
specified in Article 24, 25 of this Decree within their management;
3. Chief Inspectors of Department of Construction
has the right to impose a fine up to 50,000,000 dong on individuals and
100,000,000 dong on organizations and applies remedial measures for the acts
specified in Article 1 and Point a, Clause 3, Article 26 of this Decree within
their management;
4. Head of specialized inspection team and the head
of specialized inspection team of the state management organ assigned task of
specialized inspection have the right to impose sanction against acts of
violation occurring at localities under their management as follows:
a) Impose a caution;
b) Impose a fine up to 50,000,000 dong on
individuals and 100,000,000 dong on organizations;
c) Confiscate the exhibits and means used to commit
violation with a value not exceeding the rate of fine specified at Point b of
this Clause for the acts of violation under the authority to sanction specified
in this Decree.
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5. Chief Inspector of the Ministry of Industry and
Trade has the right to impose a fine to the maximum and applies the additional
forms of sanction to organizations and individuals committing acts of violation
in the field of thrifty and effective use of energy nation-wide.
6. Chief Inspector of the Ministry of Construction
has a the right to impose a fine to the maximum and applies the additional
forms of sanction to organizations and individuals committing acts of violation
specified in Article 24 and 25 of this Decree nation-wide.
7. Chief Inspector of the Ministry of Construction
has a the right to impose a fine to the maximum and applies the additional
forms of sanction to organizations and individuals committing acts of violation
specified in Article 26 of this Decree nation-wide.
8. Head of specialized inspection team has the
right to:
a) Impose a caution;
b) Impose a fine up to 70,000,000 dong on
individuals and 140,000,000 dong on organizations;
c) Confiscate the exhibits and means used to commit
violation with a value not exceeding the rate of fine specified at Point b of
this Clause for the acts of violation under the authority to sanction specified
in this Decree.
d) Apply the prescribed remedial measures to the
acts of violation under the authority to sanction specified in this Decree;
9. Persons having the authority of the market
management organ within their functions, duties and power specified in Article
45 of the Law on handling of administrative violation and other relevant
regulations of law have the right to impose a sanction against:
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b) Other acts of violation are specified in Clause
3,4,5 and 6, Article 30 and 32 of this Decree;
SECTION 4. SANCTION PROCEDURES
Article 42. Authority to make record
of administrative violation and record of temporary seizure of violating
exhibit and means
1. Persons having the authority to impose sanction
against violation are specified in Chapter III of this Decree and the
specialized inspectors have the right to make record of administrative
violation in the field of electricity and safety of hydroelectric dam, thrifty
and effective use of energy.
2. Electricity inspectors on duty has the right to
make record of administrative violation in the field of electricity and record
of temporary seizure of violating exhibit and means in case of detection of
power theft.
Article 43. Coercive measures
to stop power supply
1. Individuals and organizations using power are
sanctioned but fail to voluntarily comply with the sanctioning decision. In
this case, besides the coercive measures specified in Clause 86 of the Law on
handling of administrative violation, they can be imposed the coercive measures
by suspension of power supply.
2. Chairman of communal, district and provincial
People’s Committees shall make a decision on sanctioning administrative
violation in the field of electricity by the measures to suspend the power
supply under their authority or at the proposal of the person authorized to
sanction specified in Article 34, 35 and 36 of this Decree.
Article 44. Transfer of record
of power theft for criminal prosecution
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2. The Ministry of Industry and Trade shall assume
the prime responsibility and coordinate with the Ministry of Public Security,
the Supreme People's Procuratorate, the Supreme People's Court to provide the
guidelines specified in Clause 1 of this Article.
Article 45. Notification to
the competent organ issuing the power operation Permit
The persons authorized to impose sanction shall
notify in writing the organ which has issued the power operation Permit for
considering the revocation of the power operation Permit specified in Article
37 and 38 of the Electricity Law upon sanctioning acts of violation specified
at Point c and d, Clause 7, Article 5 of this Decree.
Chapter 4.
IMPLEMENTATION PROVISION
Article 46. Effect
1. This Decree takes effect from December 01, 2013.
Other relevant contents which are not specified in this Decree shall comply
with the provisions of the Law on handling of administrative violation and the
other directing documents;
2. Decree No. 68/2010/ND-CP
dated June 15, 2013 of the Government stipulating the sanction of law violation
in the field of electricity and Decree No. 73/2011/ND-CP
dated August 24, 2011 of the Government stipulating the sanction of
administrative violation in the field of thrifty and effective use of energy
shall be expired from the date this Decree takes effect.
3. Transitional provision
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b) The provision at Point c, Clause 2, Article 17
of this Decree shall take effect 06 months after this Decree takes effect;
c) The acts of violation which have occurred before
the effective date of this Decree but have been detected and recorded after the
effective date of this Decree shall be handled according to the provisions in
this Decree;
d) The acts of violation recorded before the
effective date of this Decree shall be applied with the Decree No. 68/2010/ND-CP
dated June 15, 2010 of the Government stipulating the sanction of law violation
in the field of electricity and Decree No. 73/2011/ND-CP
dated August 24, 2011 of the Government stipulating the sanction of law violation
in the field of thrifty and effective use of energy or the Decree sanctioning
the administrative violation in the relevant fields for sanction. If the issue
of sanctioning decision is at the same time of effective date of this Decree,
this Decree shall be applied in case this Decree does not stipulate the
sanction or forms of sanction and the sanctioning level is lighter for such
acts of violation;
dd) The acts of violation have occurred but ended
after the effective date of this Decree shall be applied with the provisions of
this Decree for sanction;
Article 47. Implementation
responsibility
1. The Ministry of Industry and Trade is
responsible for
a) Providing the guidelines on method to determine
the electricity output thieved and the loss money specified at Point d, Clause
12, Article 12 of this Decree;
b) Defining the order of verification and
sanctioning of violation in the field of electricity under the authority of the
Head of electricity regulating organ;
2. Ministers, heads of ministerial-level
agencies, heads of government-attached
organs and Chairman of People's Committees
of provinces and centrally-run cities
are liable to execute this Decree./.
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ON
BEHALF OF GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung