Nghị định 137/2013/NĐ-CP hướng dẫn Luật điện lực và Luật điện lực sửa đổi

DECREE

DETAILING IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ELECTRICTY LAW AND THE LAW ON AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ELECTRICITY LAW

Pursuant to the December 25, 2001 Law on organization of Government;

Pursuant to the December 03, 2004 Electricity Law; the November 20, 2012 Law amending and supplementing a number of articles of the Electricity Law;

At the proposal of the Minister of Industry and Trade;

The Government promulgates Decree detailing implementation of a number of Articles of the Electricity Law, and the Law amending and supplementing a number of articles of the Electricity Law,

Article 1. Scope of regulation

This Decree details the implementation of a number of articles of the Electricity Law and Law amending and supplementing a number of articles of the Electricity Law, on planning and investment in electricity development; management of electricity demands; electricity sale and purchase; electricity prices; electricity activity licenses; regulating electricity activities; inspecting electricity activities and electricity use.

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1. Plans on electricity development shall be adjusted according to a cycle of 05 years or in advance of time limit in order to timely satisfy requirements of changes in economic-social development.

2. The Ministry of Industry and Trade shall organize the formulation and approval of schemes, cost estimates in order to adjust the national master plans on electricity development, including funding for task of appraisal and announcement; register plan on funding from state budget for adjustment of plans in accordance with regulations.

3. People’s Committees of provinces and central-affiliated cities shall organize the formulation and approval of schemes, expenditure estimates to adjust the plans on electricity development of provinces and central-affiliated cities at localities, including the funding for tasks of appraisal and announcement; arrange plans on funding for local budget for adjustments to plans in accordance with regulations.

Article 3. Management and implementation of plans on electricity development

1. The Ministry of Industry and Trade shall:

a) Perform state management on planning for electricity development; guide on planning annual electricity investment and development on the basis of the approved plan on electricity development;

b) Announce the national master plan on electricity development, including the amended master plans already been approved;

c) Assume the prime responsibility for, and coordinate with Ministries, sectors and People's Committee of provinces and central-affiliated cities in formulating mechanisms, solutions to implement the master plans on electricity development and submit to the Prime Minister;

d) Organize the monitoring, examination over implementation of the national master plan on electricity development;

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2. People’s Committees of provinces and central-affiliated cities shall:

a) Announce plans on electricity development of provinces and central-affiliated cities including the amended plans already been approved;

b) Allocate land fund in plans on land use at localities for electricity projects in the national master plan on electricity development and plans on electricity development of provinces and central-affiliated cities already been approved;

c) Assume the prime responsibility for, and coordinate strictly with investors in implementing ground clearance, compensation, supports for residential removals and resettlement for electricity projects;

d) Organize the monitoring, examination over implementation of the master plans on electricity development of provinces and central-affiliated cities at localities;

dd) Annually sum up, assess result of implementation, impacts and influences of implementation of the master plan on electricity development of provinces and central-affiliated cities at localities and report to the Ministry of Industry and Trade.

3. Investors of electricity projects shall:

a) Allocate fully and timely funding for units implementing compensation, residential removal, resettlement of electricity projects;

b) Submit dossiers related to the land grant for premises, safe corridors, workers’ housing areas, resettlement areas of electricity projects to People’s Committees of provinces and central-affiliated cities;

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d) Annually report to state agencies competent to management on implementation of plans on electricity development about situation of plan implementation.

4. Organizations and individuals possessing houses and property attached to land area in scope of premises, safe corridors of electricity projects shall:

a) Implement properly with deadlines of handing over premises in decisions of People’s Committees at all levels for land area used for electricity projects as prescribed by law on land;

b) To coordinate with units implementing the work of compensation, removal, resettlement, in clearance of premises and safe corridors for projects on electric sources, power grid already been decided for investment by competent state agencies.

5. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in defining the annual funding to perform contents specified at Point d, Point dd Clause 1 and Point d, Point dd Clause 2 of this Article.

Article 4. Big power plants with particularly important significance

1. Big power plants with particularly important socio-economic, defense or security significance defined at Clause 2 Article 4 of the Electricity Law include:

a) Nuclear power plants;

b) Several Hydro-power plants.

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Article 5. Responsibilities for investment in construction of power stations

1. The power generation units shall be responsible for investment in construction of switching stations, substations in their management scope in consistent with power generation technology equipment to connect with electrical system, unless otherwise agreed.

2. The units of power transmission, power distribution shall be responsible for investment in construction of switching stations, substations, stations for reactive power compensation in their management scope, unless otherwise agreed.

Article 6. Construction and renovation of power grid

1. Lines, transmission substations and power distribution stations which are built newly must be designed and use technical equipment and technologies in line with technical regulations and national standards (Vietnam’s standards), or foreign standards which are equivalent or higher and are permitted by competent state agencies for applying in Vietnam.

2. Units of power transmission, power distribution shall be responsible for building plans, roadmaps for renovating, upgrading the existing lines, transmission substations and power distribution stations in order to ensure technical regulations and national standards (Vietnam’s standards), or foreign standards which are equivalent or higher and are permitted by competent state agencies for applying in Vietnam.

3. Organizations and individuals possessing separate lines and substations shall be responsible for investment in renovation and upgrading of their lines and substations when units of power transmission, power distribution define that such lines and substations fail to satisfy standards for operation, as promulgated by competent state agencies.

Article 7. Conditions for connection of power works into national power grid

1. Electricity works connected into the national electrical system must satisfy conditions, technical regulations and have agreements on connection with units managing power grid.

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Article 8. Support for investment in electricity development at rural, mountainous, border areas and islands

The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in guiding implementation of policies on support for investment in electricity development at rural, mountainous, border areas, islands and areas with difficult and special difficult socio-economic conditions.

Article 9. Management of electricity demand

Management of electricity demand as prescribed at point a Clause 1 Article 16 of the Electricity Law include activities of encouragement, guide change of method of electricity use; use of electricity equipment with high efficiency; combat of waste, reduction of loss of electric energy; reduction of peak sub loading, reduction of differences of sub loading between peak hour and off-peak hour.

Article 10. Responsibility for management of electricity demand

1. The Ministry of Industry and Trade shall:

a) Formulate to submit the Prime Minister for approval of national programs on managing electricity demand and guide, organize implementation;

b) Promulgate technical regulations, guides to perform legislation on managing electricity demand;

c) Guide electricity units in performing and assessing result of implementation of programs, plans in managing the electricity demand;

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2. The provincial People’s Committees shall:

a) Formulate programs and solutions to perform management of electricity demand, effective electricity use of electricity-using customer groups under their management scope; putting objectives of programs into plans on social-economic development, local production plans and examine, assess the implementation; organize, allocate resources suitably to perform management of electricity demand and effective electricity use;

b) Examine, supervise and report the Ministry of Industry and Trade about result of implementation of programs on managing electricity demand, effective electric use of electricity-using customer groups under their management scope; timely handle cases failing to perform in accordance with law on management of electricity demand and effective electricity use.

3. Electricity units shall:

a) Formulate plan and organize implementation of activities of national programs on managing electricity demand;

b) Report on results of implementation of plans on managing electricity demand in accordance with regulations.

4. Electricity-using customers are responsible for participating in implementation of contents in national programs on managing electricity demand.

Article 11. Contract of electricity purchase and sale in serve of daily-life purpose

1. Conditions for signing contract of electricity purchase and sale in serve of daily-life purpose

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b) Electricity seller has a distribution power grid eligible for electricity supply meeting the demand of electricity purchaser.

2. The electricity seller must sign contract and supply electricity for the purchaser within 07 working days when there are full conditions specified at Clause 1 of this Article.

3. In case where distribution power grid has not yet had or distribution is overload and certified by agency of electricity regulation or authorized agency, the electricity sale must reply the electricity purchase within 05 working days in which clearly state the estimate time limit for electricity supply.

4. The Ministry of Industry and Trade shall promulgate model contract of electricity purchase and sale in serve of daily-life purpose.

Article 12. Guarantee for implementation of the electricity purchase and sale contract

1. The electricity purchaser that is customer using electricity with average consumption electricity yield of 1,000,000 kWh / month or more shall perform guarantee measures for implementation of contract before contract of electricity purchase and sale comes into effect.

2. Value to guarantee implementation of contract is agreed by parties, but does not exceed 15-day electricity charge, calculated on the basis of monthly average consumption electricity yield registered in contract of electricity purchase and sale and the applied price of normal-hour electric energy.

3. Measures, forms, efficiency of guarantee, rights and obligations related to guarantee shall be agreed specifically in contract of electricity purchase and sale; encourage implementation of guarantee measures via bank.

4. The electricity seller has right to stop electricity supply for the electricity purchaser if the electricity purchaser fails to perform guarantee measures for implementation of contract, fails to maintain guarantee measures for implementation of contract.

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Article 13. Acts breaking contract of electricity purchase and sale

1. Violations of the electricity sellers include:

a) Postponing the electricity supply according to the signed electricity purchase and sale contract, unless the facilities of customer have not yet had full conditions for operation;

b) Failing to ensure quality, quantity of electric energy, stability in electricity supply according to the signed contracts except for force majeure circumstances;

c) Recording wrongly meter readings of electricity meter; calculating wrongly electricity charge on the bill;

d) Postponing or failing to pay compensation for the electricity purchaser in respect to damages caused by their fault;

dd) Other acts breaking regulations of electricity purchase and sale.

2. Violations of the electricity purchasers include:

a) Postponing implementation of the assigned contracts;

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c) Using in excess of yield already registered in chart of sub loading stated in contract of electricity purchase and sale at rush hour;

d) Failing to make liquidation of contracts when they fail to use electricity;

dd) Paying electricity charge later than provided time without legitimate reason;

e) Postponing or failing to pay compensation for the electricity seller in respect to damages caused by their fault;

g) Other acts breaking regulations of electricity purchase and sale.

Article 14. Stop or reduction of electricity supply level

1. The electricity seller may stop or reduce the electricity supply level in the following cases:

a) Stop and reduction of electricity supply level as prescribed at Article 27 of the Electricity Law;

b) The Electricity purchaser commits violations of provisions at Clauses 1, 4, 5, 6, 7 and 8 Article 7 of the Electricity Law;

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2. The Ministry of Industry and Trade shall specify conditions, orders of stop or reduction of electricity supply level; cost for electricity supply again.

Article 15. Quality of electric energy

1. Voltage and frequency for electricity use must ensure the following standards:

a) About voltage: In normal conditions, the permitted difference of voltage is about ± 5% in comparison with nominal voltage of power grid and defined at position where equipment for electricity meter is laid or other positions as agreed by two parties. For power grid which has not yet been stable after incidents, the permitted difference of voltage is from +5% to -10%;

b) About frequency: In normal conditions, the permitted frequency difference of electrical system is about ± 0,2Hz in comparison with nominal frequency of 50Hz. For power grid which has not yet been stable after incidents, the permitted frequency difference is ± 0,5Hz.

2. The Ministry of Industry and Trade shall promulgate regulations on standards of electric energy quality in electrical system.

3. The electricity purchaser for production, business, service with separate substation or without separate substation, provided that the maximum use capacity is 40 kW or more shall:

a) Register chart of sub loading and technical and technology characteristics of electric equipment with the electricity seller;

b) Ensure coefficient cos φ ≥ 0.9 at points laying equipment of electricity measure in condition of electrical system ensuring quality of electric energy as prescribed at Clause 1 of this Article;

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Within 01 year, after this Decree takes effect, the electricity purchaser must not buy reactive power upon implementing coefficient power cos φ at 0.85 or more;

d) Ensure technical standards about harmonics, voltage oscillator, and voltage flicker in accordance with regulations.

4. If the electricity purchaser is able to generate the reactive power on electrical system and the electricity seller has demand to buy the reactive power, two parties may agree on purchase and sale of the reactive power via contract.

5. In special case, parties may agree on electric energy quality other than standards specified at Clause 1 of this Article.

6. The Ministry of Industry and Trade shall guide purchase and sale of reactive power as prescribed in this Article.

Article 16. Measurement of electric energy

1. When change the electricity-metering equipment, the electricity purchaser and the electricity seller must jointly sign on a minutes to certify technical parameters of electricity-metering equipment and meter readings of electricity meters.

2. In case where electricity-metering equipment is lost or broken, two parties shall make minutes to define reason and liability of involved parties. In case of failing to identify reason that it is fault of the electricity purchaser, the electricity seller shall repair or replace new electricity-metering equipment and continue supplying electricity for the electric purchaser.

3. New electricity users are responsible for notifying the electricity purchaser to check system of metering electricity after receiving locations of using electricity which have had electricity-metering equipment. In duration of not notifying the electricity seller, the electricity user must be responsible for the system of electricity measurement already received. The electricity seller shall continue supplying electricity, check system of electricity measurement and sign contract of electricity purchase and sale when new electricity user fully meets conditions.

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Article 17. Recording of meter readings of electricity meter

1. For electricity purchase and sale used for daily-life purpose, the electricity seller shall record meter readings of electricity meter each month once on a fixed day, allow changing time to record meter readings of electricity meter before or after the fixed day a day, except for force majeure circumstances.

2. For electricity purchase and sale used not for daily-life purpose, the recording of meter readings of electricity meter by the electricity seller is prescribed as follows:

a) Less than 50,000 kWh/month, recording meter readings once every month;

b) From 50,000 to 100,000 kWh / month, recording meter readings twice every month;

c) More than 100,000 kWh/month, recording meter readings twice every month.

3. For the electricity purchaser using electric energy less than 15 kWh / month, cycle for recording meter readings of electricity meter is agreed by two parties.

4. For the electricity wholesale the recording of meter readings of electricity meter is agreed by two parties in contract.

5. The electricity seller must ensure accuracy of meter readings of electricity meters already recorded.

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1. To protect the electricity meters laid in their management as agreements in contract of electricity purchase and sale contract. If electricity meter is lost, they must compensate, if they make it broken, they must pay cost for repair and test.

2. Do not dismantle, move electricity meter without permission. When they wish move electricity meter to other position, they must get consent of the electricity seller and must pay cost thereof.

Article 19. Test of electricity-metering equipment which is complained

1. Departments of Industry and Trade of provinces and central-affiliated cities shall be state management agencies in electricity activities and electricity use at localities and responsible for organizing test of electricity-metering equipment at the request of the electricity purchaser as prescribed at Clause 3 Article 25 of the Electricity Law.

2. Independent testing organizations which are offered by the provincial Departments of Industry and Trade for test of electricity-metering equipment must be organizations having no right or benefit related to the electricity purchasers and before that, such organizations have not yet participated in test of electricity-metering equipment subject to complaint.

Article 20. Payment of electricity charge

1. Invoice of electricity charge is made according to the cycle of recording meter readings of electricity meter. Form of notification on electricity charge payment is agreed by two parties in contract of electricity purchase and sale.

2. If the electricity-metering equipment is not accurate in comparison with the set standards, the electricity charge must be paid as prescribed in Article 23 of the Electricity Law, Clause 9 Article 1 of Law amending and supplementing a number of articles of Electricity Law and defined as follows:

a) If the time of the electricity-metering equipment is defined that it is incorrect, the electricity seller must return the overpaid amount of electric energy collected practically or collect the lack amount of electric energy from the electricity purchaser;

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3. In cases where the electricity purchaser still uses electricity during the system of electricity-metering equipment has been broken ceasing operation of electricity meters, the payable electricity charge amount shall be calculated by multiplying the daily average electric energy in the three preceding periods of meter-reading by the actual number of days of electricity use. The actual number of days of electricity use shall be counted from the last day of ceasing operation of electricity meter saved in memory of electricity meter, or from the last day of recording meter-readings if the electricity meter fails to record the time of ceasing operation, to the day when electricity meters resume operation.

4. In cases where the electricity purchaser still uses electricity during the electricity meters have been lost ceasing operation of electricity meters, the payable electricity charge amount shall be calculated by multiplying the daily average electric energy in the three preceding periods of meter-reading by the actual number of days of electricity use. The actual number of days of electricity use shall be counted from the last day of recording meter readings to the day when electricity meters are installed and resume operation.

5. Encourage payment of electric charge via bank system, at locations collecting electricity charges of the electricity seller.

6. Agencies and organizations competent to organize conciliation for disputes on payment of electricity charge according to the provisions of Clause 5, Article 23 of the Electricity Law are the provincial Departments of Industry and Trade or other agencies or organizations as agreed upon by the two parties.

Article 21. Right to engage in management sector of electricity purchasers

Persons nominated by an electricity unit to engage in management sector of the electricity purchaser to perform tasks as prescribed at Point c Clause 1 of Article 41, Point d Clause 1 of Article 43, and Point d Clause 1 of Article 44 of the Electricity Law must present one of the following papers to the electricity purchaser:

1. Cards of electrical inspectors for activities of electric inspection.

2. Cards of officers, employees which are issued by the electricity-selling unit applied for staff recording the meter readings, maintaining, repairing, and replacing the electric equipment of the electric distribution unit.

Article 22. Sale and purchase of electricity with foreign countries

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a) The Prime Minister who shall approve policies for the sale and purchase of electricity with foreign countries through national power grid at voltage of 220 kV or more. The Ministry of Industry and Trade shall consider proposals of the sale and purchase of electricity with foreign countries of electricity units, and submit them to the Prime Minister;

b) The Ministry of Industry and Trade shall approve policies of the sale and purchase of electricity with foreign countries through national power grid at voltage of less than 220 kV at the request of electricity units.

2. Customers using electricity at border areas defined at Clause 3 Article 28 of the Electricity Law may only buy electricity directly with foreign countries at voltage of 0.4 kV and must meet fully the following conditions:

a) Being Vietnamese citizens;

b) Having scale of capacity of electricity use of less than 10 kW and not connecting into the national electrical system or power grid on the spot;

c) All parts of power grid from boundaries to location of electricity user are invested and managed operation by the electricity purchaser;

d) Ensuring the standards, technical regulations on electrical safety;

dd) Getting consent of the district-level People’s Committees.

3. The provincial People’s Committees shall guide, manage, supervise, and examine the purchase of electricity with foreign countries as prescribed at Clause 2 of this Article.

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1. Electricity units shall report to the electricity-regulating body about cost for electricity production and business and annual financial statements already audited.

2. The Ministry of Industry and Trade shall specify electricity units in charge of report; guide content of report and order of making report on cost for electricity production and business, examine and confirm the cost price of electricity production and business of electricity units defined at Clause 1 of this Article.

Article 24. Approval of electricity price and charge

1. The Ministry of Industry and Trade shall provide for method, order of making and appraising the electricity generation price bracket, electricity wholesale price bracket, price of electricity transmission, price of auxiliary services for electrical system, charge for regulating and operating electrical system, charge for controlling transactions of electricity market after consulting the Ministry of Finance.

2. The Minister of Industry and Trade shall approve:

a) Charge for regulating and operating electrical system, charge for controlling transactions of electricity market after consulting the Ministry of Finance;

b) The electricity generation price bracket, electricity wholesale price bracket, price of electricity transmission, price of auxiliary services for electrical system, except for case specified at Clause 22 Article 1 of Law amending and supplementing a number of articles of the Electricity Law.

Article 25. Electricity price included two parts

Applying the electricity price included two parts being capacity price and electric energy price. The Ministry of Industry and Trade shall formulate, submit to the Prime Minister for approving roadmap to implement and subjects of application.

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1. Electricity-generating and-wholesaling prices under contracts of electricity sale and purchase for a defined duration shall be agreed by electricity sellers and purchasers according to method guided by the Ministry of Industry and Trade, but not exceed the price brackets already approved by competent State agencies.

2. During negotiation, in case of failing to reach agreements on electricity-generating and wholesaling prices in order to sign a contract of electricity purchase and sale with a defined duration, the Ministry of Industry and Trade shall decide a provisional price level to serve as a basis for application until the electricity seller and purchaser reach agreement on the official price level.

3. The Ministry of Industry and Trade shall guide implementation of Clause 1 and Clause 2 of this Article.

Article 27. Examination over contracts of electricity purchase and sale with a defined duration

1. The electricity-regulating body shall examine the following types of contracts:

a) Contract of electricity purchase and sale with a defined duration between the electricity-generating unit and electricity-buying unit; contract of auxiliary services between the electricity-generating unit and unit operating electrical system and electricity market;

b) Contract of electricity purchase and sale with a defined duration on market of electricity wholesale; Contract of electricity purchase and sale with a defined duration of the Electricity Corporation.

2. Content of examination shall comply with Article 22 of the Electricity Law.

3. The Ministry of Industry and Trade shall promulgate the model contract, process for examining types of contracts defined at Clause 1 of this Article and handle against contracts made in contravention with regulations.

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Organizations and individuals that are granted, amended or supplemented electricity activity licenses must meet the following general conditions:

1. Being organizations and individuals that are established and operate under legislation, including:

a) Enterprises of all economic sectors that are established and operate under the enterprise law;

b) Cooperatives that are established and operate under Law on cooperatives;

c) Business households, individuals with business registration certificate as prescribed by law;

d) Other organizations that are established and operate under legislation.

2. The business lines conform to sector requested for license.

3. Having regular dossiers of request for grant, amendment and supplementation of electricity activity licenses.

4. Paying fees and charges for appraisal for grant of electricity activity licenses in accordance with regulations.

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Organizations registering for electricity-generating activity, apart from general conditions specified in Article 28 of this Decree must satisfy the following conditions:

1. Having feasible projects on investment in power plants in line with planning on electricity development already been approved. Having technological equipment and means, workshops and architectural works compliant with the approved technical designs, which have been built, installed and tested and before acceptance as meeting requirements as prescribed.

2. Persons directly involved in technical management and operation must have university diplomas in electricity or suitable technical branch and have worked in the field of electricity generation for at least 5 years. Persons directly involved in operation must be trained in suitable specialized sectors, trained on safety, trained and granted certificate of the operation of power plants and electricity market in accordance with regulations.

3. Having system of information technology infrastructure, system of control, supervision, collection of data in line with requirements of electrical system and electricity market under legislation.

4. Equipment with strict requirements on labor safety must be tested and meet technical requirements.

5. Having report on assessment on environment impacts, commitment on environmental protection of electricity-generating projects which have been approved or accepted by competent state agencies and consistent to provisions of law on environmental protection.

6. Having system of fire prevention and fighting for power plant which has been tested for acceptance by competent agencies under legislation.

7. Having process on operating reservoir for Hydro-power plant already been approved by competent agencies.

8. Legal documents on safety of Hydro-power dams for Hydro-power plant under legislation.

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Organizations registering for electricity-transmitting activity, apart from general conditions specified in Article 28 of this Decree must satisfy the following conditions:

1. Having technological equipment and means, workshops and architectural works compliant with the approved technical designs, which have been built, installed and tested and before acceptance as meeting requirements of operating, maintaining, repairing, testing electricity-transmitting lines, substations, switching stations, stations for reactive power compensation and synchronous devices attached in system of electricity transmission; system of fire prevention and fighting which meet requirements as prescribed.

2. Persons directly involved in technical management must have university diplomas in electricity and have worked in the field of electricity transmission for at least 5 years. Persons directly involved in electricity operation must be trained, tested process of operation and regulations on electric safety under legislation.

Article 31. Conditions for grant of electricity-distributing activity licenses

Organizations registering for electricity-distributing activity, apart from general conditions specified in Article 28 of this Decree must satisfy the following conditions:

1. Having technological equipment and means, workshops and architectural works, which have been built, installed and tested and before acceptance as meeting requirements as prescribed, meet requirements of operating, maintaining, repairing the distribution power grid, substations and synchronous devices attached; system of fire prevention and fighting which meet requirements as prescribed.

2. Persons directly involved in technical management and operation must have university diplomas in electricity and have worked in the field of electricity distribution for at least 05 years. Persons directly involved in operation must be trained in electricity or possess certificate of training in electricity granted by vocational establishments, tested process of operation and regulations on safety under legislation, except for case specified at Clause 3 of this Article.

3. Organizations and individuals involved in electricity distribution in rural areas must meet conditions: Persons directly involved in technical management and operation must be trained in electricity and have worked involving Power grid for at least 03 years. Persons directly involved in electric operation and repair must be trained in electricity or possess certificate of training in electricity granted by vocational establishments, re-trained and tested on electricity safety and granted card of electricity safety under legislation.

Article 32. Conditions for grant of electricity-wholesaling activity licenses

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1. Persons directly involved in electricity-trading or wholesaling management must have university diplomas in electricity, economic, financial or similar branches and worked in the field of electricity trading for at least 5 years.

2. Persons directly involved in technical management must have university diplomas in electricity and have worked involving Power grid at respective voltage level for at least 03 years.

3. Persons directly involved in operation must be trained in electricity or possess certificate of training in electricity granted by vocational establishments, trained in electricity safety as prescribed.

4. Having system of information technology infrastructure in line with requirements of electricity market.

Article 33. Conditions for grant of electricity-retail activity licenses

Organizations and individuals registering for electricity-wholesaling activity, apart from general conditions specified in Article 28 of this Decree must satisfy the following conditions:

1. Persons directly involved in electricity retail must have intermediate diplomas or higher in electricity, economic, financial or similar branches and worked in the field of electricity trading for at least 5 years.

2. Persons directly involved in operation must be trained in electricity or possess certificate of training in electricity granted by vocational establishments, trained in electricity safety as prescribed.

3. Having system of information technology infrastructure in line with requirements of electricity market.

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Organizations registering for the electricity purchase and sale with foreign countries must satisfy general conditions specified in Article 28 of this Decree, and the following conditions:

1. Guidelines on sale and purchase of electricity with foreign countries have been approved as prescribed in Article 22 of this Decree.

2. Plan on sale and purchase of electricity with foreign countries has been appraised by the electricity-regulating body.

3. Persons directly involved in electricity-trading must have university diplomas or higher in electricity, economic, financial or similar branches and worked in the field of electricity trading for at least 5 years.

4. Persons directly involved in technical management and operation must have university diplomas or higher in electricity or similar branches and have worked in the field of electricity distribution and trading for at least 05 years.

Article 35. Conditions for grant of licenses for advisory of planning on national electricity development

Organizations registering for advisory of planning national electricity development, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

1. Being an advisory organization in specialized branch, having professional capacity of planning primary energy forms, forecasting demand, researching and analyzing market of consumption, calculation and analysis for optimal plan on electrical system, technical analysis of operating electrical system, economy and finance of project.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences on types of power plants, electrical system, economy and finance, and environment.

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4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have been head of a project, or main responsible for at least one plan on electricity development of province or central-affiliated city.

5. Having number of main advisory experts under specific specialized sectors as follow:

a) Regarding forecast of demand for electricity sub loading: Having 05 experts or more, including at least 01 main responsible advisory expert;

b) Regarding the calculation, optimal analysis for development of sources and power grid: Having 08 experts or more, including at least 01 main responsible advisory expert;

c) Regarding economy-finance and investment: Having 05 experts or more, including at least 01 main responsible advisory expert;

d) Regarding technology and environment: Having 02 experts or more, including at least 01 main responsible advisory expert.

6. Having necessary equipment, technical means, and application software to meet requirements of planning on national electricity development.

Article 36. Conditions for grant of licenses for advisory of planning on electricity development of provinces and central-affiliated cities

Organizations registering for advisory of planning on electricity development of provinces and central-affiliated cities, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

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2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences on forecasting sub loading, structure and regime of operating power grid, economic and financial analysis of projects.

3. Major advisory experts must have university diplomas or higher in electricity, economic, energy, financial or similar branches and worked in the field of advisory on planning for at least 5 years, and participated in at least one plan on provincial/municipal electricity development.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have been participated in at least three plans on provincial-municipal electricity development.

5. Having number of main advisory experts under specific specialized sectors as follow:

a) Regarding forecast of demand for electricity sub loading: Having 03 experts or more, including at least 01 main responsible advisory expert;

b) Regarding the calculation, optimal analysis for electrical system, technology: Having 05 experts or more, including at least 01 main responsible advisory expert;

c) Regarding economy-finance and investment: Having 02 experts or more, including at least 01 main responsible advisory expert.

6. Having necessary equipment, technical means, and application software to meet requirements of planning on provincial/municipal electricity development.

Article 37. Conditions for grant of licenses for advisory of Hydro-power plans

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1. Being an advisory organization in specialized branch, having professional capacity of hydro works, hydrology, hydro energy, and geologist of works, hydro-power construction and other fields relating to making hydro-power plans.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in hydraulic works, hydrology, and geologist of works, hydro-power and hydro-power construction.

3. Major advisory experts must have university diplomas or higher in electricity, hydro-power or similar branches and worked in the field of advisory on planning for at least 5 years, and participated in making at least one hydro-power plan.

4. Having number of main advisory experts under specific specialized sectors as follow:

a) Regarding hydro energy, hydrology: Having 02 experts or more;

b) Regarding economy and energy: Having 02 experts or more;

c) Regarding hydraulic power and hydraulic works: Having 03 experts or more;

d) Regarding geologist and geologic technique: Having 02 experts or more;

dd) Regarding structure: Having 01 expert or more;

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5. Having necessary equipment, technical means, and application software to make the Hydro-power plans.

Article 38. Classification on scale of works for advisory of investment in construction and advisory of construction supervision of power works

1. Conditions for activity in the field of advisory of investment in power- works construction and advisory of construction supervision of power works only apply for work items directly related to electricity; work items in construction branch apply legislations on construction.

2. Table of classifying scale of source and power- grid works for the field of advisory of investment in construction of power works and advisory of construction supervision of power works:

Hydro-power

Thermal-power

Lines and substations

Rank 1

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Over 300 MW

Over 220 kV

Rank 2

Up 300 MW

Up 300 MW

Up 220 kV

Rank 3

Up 100 MW

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Rank 4

Up 30 MW

Up 35 kV

Depending on qualification, professional capability, organizations operating in advisory of investment in construction of power works may register one or many activities: Making investment projects, fundamental design, technical design, and technical design for construction, bidding for works of Hydro-power plants, thermal-power plants, lines and substation.

3. For power plants using recycled energy under principle of using water power, wind power and sun energy, they are classified and apply conditions for grant of licenses for advisory of investment in construction of power works, advisory for construction supervision of power works similar to works of Hydro-power plants.

4. For power plants using recycled energy under principle of transforming from thermal energy, they are classified and apply conditions for grant of licenses for advisory of investment in construction of power works, advisory for construction supervision of power works similar to works of thermal-power plants.

Article 39. Conditions for grant of licenses for advisory of investment in construction of Hydro-power plans

Organizations registering for advisory of investment in construction of Hydro-power plans, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

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2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in equipment of hydraulic works, electric equipment, water treatment, automatic control, hydraulic works, and hydrology, hydraulic energy, Hydrometeorological, geologist of works, geological technique, structure and organization of construction of hydro-power plants and fields related to types of hydro-power plants.

3. Major advisory experts must have university diplomas or higher in electricity, hydro-power, irrigation, geological, environmental, economic, financial or similar branches and worked in the field of advisory for at least 5 years, and participated in designing at least one project of hydro-power plant with equivalent capacity and possess suitable construction-practice certificate.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have been head of a scheme, or main responsible for designing project on Hydro-power plant with equivalent capacity or participated in designing at least three projects on Hydro-power plants with equivalent capacity.

5. Having necessary equipment, technical means, and application software for advisory of investment in construction of Hydro-power plant works.

6. Having number of main advisory experts under ranks of Hydro-power works as follow:

Rank 1: Having 25 experts or more, including at least 01 main responsible advisory expert;

Rank 2: Having 20 experts or more, including at least 01 main responsible advisory expert;

Rank 3: Having 15 experts or more, including at least 01 main responsible advisory expert;

Rank 4: Having 10 experts or more, including at least 01 main responsible advisory expert.

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Organizations registering for advisory of investment in construction of thermal-power plans, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

1. Being an advisory organization in specialized branch, having professional capacity of technology and thermal-power plant works, analysis of technique, economy and finance of projects, environmental impact assessments.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in boiler, turbine, generator, electric equipment, automatic control, geologist of works, geological technique, chemical, structure and organization of construction of thermal-power plants and fields related to types of thermal-power plants.

3. Major advisory experts must have university diplomas or higher in electricity, thermal-power, geological, environmental, economic, financial or similar branches and worked in the field of advisory for at least 5 years, and participated in designing at least one project of thermal-power plant with equivalent capacity and possess suitable construction-practice certificate.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have been head of a scheme, or main responsible for designing project on thermal-power plant with equivalent capacity or participated in designing at least three projects on thermal-power plants with equivalent capacity.

5. Having necessary equipment, technical means, and application software for advisory of investment in construction of thermal-power plant works.

6. Having number of main advisory experts under ranks of thermal-power works as follow:

Rank 1: Having 20 experts or more, including at least 01 main responsible advisory expert;

Rank 2: Having 10 experts or more, including at least 01 main responsible advisory expert.

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Organizations registering for advisory of investment in construction of works involving lines and substations, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

1. Being an advisory organization in specialized branch, having professional capacity of works design, equipment of lines and substation, relay protection, automatic control, environmental impact assessment, analysis of economy and finance of projects for works involving lines and substation with suitable voltage levels.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in mechanical and physical field of lines, electric equipment, automatic control, relay protection, finance of project, geologist, construction and organization of construction of works involving lines and substations.

3. Major advisory experts must have university diplomas or higher in electricity, electrical system, electric technique, electric equipment, automation, environmental, economic, financial or similar branches and worked in the field of advisory for at least 5 years, and participated in implementing at least one project of lines and substations with equivalent voltage level and possess suitable construction-practice certificate.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have been head of a scheme, or main responsible for implementing project on lines and substations with equivalent voltage level or participated in designing at least three projects on lines and substations with equivalent voltage level.

5. Having necessary equipment, technical means, and application software for advisory of investment in construction of works involving lines and substations.

6. Having number of main advisory experts under ranks of works involving lines and substations as follows:

Rank 1: Having 20 experts or more, including at least 01 main responsible advisory expert;

Rank 2: Having 15 experts or more, including at least 01 main responsible advisory expert;

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Rank 4: Having 05 experts or more, including at least 01 main responsible advisory expert.

Article 42. Conditions for grant of licenses for advisory of construction supervision of Hydro-power plans

Organizations registering for advisory of construction supervision of Hydro-power plans, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

1. Being an advisory organization in specialized branch, having professional capacity of technology and hydro-power plant works.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in equipment of hydraulic works, electric equipment, water treatment, automatic control, hydraulic works, hydrology, hydraulic energy, geologist of works, hydro-power construction and fields related to hydro-power plants.

3. Major advisory experts must have university diplomas or higher in electricity, economic, financial or similar branches and worked in the field of advisory for at least 5 years, and participated in construction supervision of at least one hydro-power plant with equivalent capacity and possess certificate of Hydro-power construction practice.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have had experiences or have been main responsible for construction supervision of at least one hydro-power plant with equivalent capacity or participated in construction supervision of at least three hydro-power plants with equivalent capacity.

5. Having necessary equipment, technical means for construction supervision of Hydro-power plans.

6. Having number of main advisory experts under ranks of Hydro-power works as follow:

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Rank 2: Having 17 experts or more, including at least 01 main responsible advisory expert;

Rank 3: Having 12 experts or more, including at least 01 main responsible advisory expert;

Rank 4: Having 08 experts or more, including at least 01 main responsible advisory expert.

Article 43. Conditions for grant of licenses for advisory of construction supervision of thermal-power plans

Organizations registering for advisory of construction supervision of thermal-power plans, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

1. Being an advisory organization in specialized branch, having professional capacity of technology and thermal-power plant works.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in fields of boiler, turbine, generator, electric equipment, automatic control, geologist of works, thermal-power construction and fields related to types of thermal-power plants.

3. Major advisory experts must have university diplomas or higher in electricity, geologic, economic, financial or similar branches and worked in the field of advisory for at least 5 years, and participated in construction supervision of at least one thermal-power plant with equivalent capacity and possess certificate of practice in construction supervision of thermal-power works.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have had experiences or have been main responsible for construction supervision of at least one thermal-power plant with equivalent capacity or participated in construction supervision of at least three thermal-power plants with equivalent capacity.

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6. Having number of main advisory experts under ranks of thermal-power works as follow:

a) Rank 1: Having 20 experts or more, including at least 01 main responsible advisory expert;

b) Rank 2: Having 15 experts or more, including at least 01 main responsible advisory expert.

Article 44. Conditions for grant of licenses for advisory of construction supervision of works involving lines and substations

Organizations registering for advisory of construction supervision of works involving lines and substations, apart from general conditions specified in Article 28 of this Decree, must satisfy the following conditions:

1. Being an advisory organization in specialized branch, having professional capacity of technology and works involving lines and substations.

2. Having a contingent of advisory experts including major advisory experts and other advisory experts having experiences in mechanical and physical field of lines, electric equipment, automatic control, relay protection, and organization of construction.

3. Major advisory experts must have university diplomas or higher in electricity, automation, economic, financial or similar branches and worked in the field of advisory for at least 5 years, and participated in construction supervision of at least one works of lines and substations with equivalent voltage level and possess certificate of practice in construction supervision of works involving lines and substations.

4. Major advisory expert, who does task of the main responsible advisory expert, apart from conditions specified at Clause 3 of this Article, must have had experiences, been main responsible for construction supervision of works involving lines and substations with equivalent voltage level or participated in construction supervision of at least three works involving lines and substations with equivalent voltage level.

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6. Having number of main advisory experts under ranks of works involving lines and substations as follows:

Rank 1: Having 20 experts or more, including at least 01 main responsible advisory expert;

Rank 2: Having 15 experts or more, including at least 01 main responsible advisory expert;

Rank 3: Having 10 experts or more, including at least 01 main responsible advisory expert;

Rank 4: Having 05 experts or more, including at least 01 main responsible advisory expert.

Article 45. Amendment and supplementation of electricity activity licenses

Electricity activity licenses are amended and supplemented in the following cases:

1. At the request of organizations and individuals that are licensed upon arising changes of one of contents stated in electricity activity licenses.

2. In necessary case, for protection of economic-social benefits and public welfares, the licensing agencies have right to amend, supplement electricity activity licenses involving electricity transmission, and electricity distribution. Such amendments and supplementations must conform to ability of units already granted licenses.

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1. Organizations and individuals granted electricity activity licenses may be withdrawn electricity activity licenses in cases defined in Article 37 of Electricity Law.

2. When withdrawing electricity activity licenses, competent agencies shall clearly set deadline for electricity units to continue operation so as to not affect electricity supply to electricity users.

3. Within 90 days after being withdrawn licenses, electricity units have right to complain to competent state agencies about withdrawal of licenses.

Article 47. Fees and charges for appraisal for grant of electricity activity licenses

1. Organizations and individuals granted electricity activity licenses shall:

a) Pay fees for grant of electricity activity licenses;

b) Submit charge for appraisal for grant of electricity activity licenses.

2. The Ministry of Finance shall guide in details about levels, regime of collection, remittance, management and use of charges and fees of appraisal for grant of electricity activity licenses specified at Clause 1 of this Article.

Article 48. Regulating electricity activity

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2. The electricity-regulating body is agency helping Minister of Industry and Trade shall implement the electricity-regulating contents. Minister of Industry and Trade shall submit the Prime Minister for specifying organization, functions, tasks and power of the electricity-regulating body.

Article 49. Inspection of electricity activity and electricity use

1. The Ministry of Industry and Trade shall specify contents, authority, orders, procedures for inspection, settlement of disputes in electricity activity and electricity use.

2. The electricity-regulating agency, provincial People’s Committees shall organize inspection, supervision and handling of violations under their authority about electricity activity and electricity use, provincial People’s Committees shall allocate full human resource for implementing the work of inspecting electricity activity and electricity use at localities.

3. Electricity unit shall inspect implementation of legislation on electricity use, safety protection of electricity works and power grid.

Article 50. Effect

1. This Decree takes effect on December 10, 2013.

2. The Government’s Decree No. 105/2005/ND-CP dated August 17, 2005, detailing implementation of a number of Articles of the Electricity Law shall cease to be effective on the effective date of this Decree.

Article 51. Responsibility for implementation

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2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities, the Vietnam Electricity Corporation and relevant organizations and individuals shall implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung