Thông tư 10/2023/TT-BCT sửa đổi Thông tư 21/2020/TT-BCT cấp giấy phép hoạt động điện lực

CIRCULAR

AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 21/2020/TT-BCT DATED SEPTEMBER 09, 2020 OF THE MINISTER OF INDUSTRY AND TRADE ON PROCEDURES FOR ISSUANCE OF ELECTRICITY LICENSES

Pursuant to the Law on Electricity dated December 03, 2004; the Law on amendments to the Law on Electricity dated November 20, 2012; the Law on amendments to certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement dated January 11, 2022;

Pursuant to the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022 on the functions, tasks, entitlements and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 on implementation of some Articles of the Law on Electricity and the Law on amendments to some Articles of the Law on Electricity;

Pursuant to the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management by the Ministry of Industry and Trade;

Pursuant to the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to certain Decrees related to business conditions under state management by the Ministry of Industry and Trade;

At the request of the General Director of the Electricity Regulatory Authority of Vietnam;

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Article 1. Amendments to some Articles of Circular No. 21/2020/TT-BCT dated September 09, 2020 of the Minister of Industry and Trade on procedures for issuance of electricity licenses

1. Clause 5 Article 4 shall be amended as follows:

“5. In case of modification of the license due to renaming, relocation of headquarters or changes in operation scope, the validity period of the new electricity license shall correspond to that of the former license.”.

2. Clauses 3 and 4 Article 6 shall be amended as follows:

“3. The list of consultants holding leader and chief supervisor titles and other consultants made according to Form No. 3a in the Appendix enclosed herewith; copies of bachelor’s degrees or higher, construction practicing certificates (with regard to disciplines and vocations that require practicing certificates according to regulations of the law on construction), documents proving working experience in provision of consulting services (curriculum vitae certified by the employers or other documents of equivalent validity) and definite- or indefinite-term employment contracts of consultants.

4. Documents proving experience of consultants (appointment decisions or certificates issued by investors in works and projects that they have participated in or other documents of equivalent validity).”.

3. Clauses 3, 4 and 9 Article 7 shall be amended as follows:

“3. The list of technical managers and shift leaders of the power plant made according to Form No. 3b in the Appendix enclosed herewith; copies of their academic qualifications and employment contracts signed with investor or operator of the power plant; documents proving working experience in electricity generation of technical managers (curriculum vitae certified by the employers or other documents of equivalent validity); certificates of completion of safety training courses and operation certificates issued to the listed shift leaders by competent power load dispatch units according to the National load dispatch procedures adopted by the Ministry of Industry and Trade.

4. The copy of the written approval or the decision on approval for the power plant investment guidelines or the copy of the investment certificate issued by a competent authority according to regulations of the law on investment or Decision on investment issued by the investor; the copy of the written approval for work planning issued by a competent authority.

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4. Clauses 3 and 4 Article 8 shall be amended as follows:

“3. The list of technical managers and shift leaders of the power plant made according to Form No. 3b in the Appendix enclosed herewith; copies of their academic qualifications and employment contracts; documents proving working experience in electricity transmission and distribution of technical managers (curriculum vitae certified by the employers or other documents of equivalent validity); certificates of completion of safety training courses or electrical safety cards as prescribed in Article 64 of the Law on Electricity, and operation certificates issued to the listed shift leaders by competent power load dispatch units according to the National load dispatch procedures adopted by the Ministry of Industry and Trade.

4. The list of electrical grid works (technology equipment, lines and substations) managed by the applicant and scopes thereof. The copy of the acceptance test report on completion of installation of electrical grid works (technology equipment, lines and substations). In case of purchase, acquisition or transfer of the electrical grid, the acceptance test report on the grid works or the asset transfer record is required. In case of the electrical grid under common ownership by multiple investors, the agreement or the letter of authorization from the investors to an operating unit is required.”.

5. Clause 3 Article 9 shall be amended as follows:

“3. The list of executive managers made according to Form No. 3b in the Appendix enclosed herewith; copies of their academic qualifications and employment contracts; documents proving their working experience in electricity wholesale and retail (curriculum vitae certified by the employers or other documents of equivalent validity).”.

6. Article 10 shall be amended as follows:

“Article 10. Application for modification of an electricity license

1. In case of renaming or relocation of its headquarters according to regulations in Clause 2 Article 14 of this Circular, an application includes:

a) The application form for electricity license made using the Form No. 01 provided in the Appendix enclosed herewith;

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2. In case of transfer of an electricity work or partial reduction in operation scope by an electricity license holder, an application for modification of an electricity license includes:

a) The application form for electricity license made using the Form No. 01 provided in the Appendix enclosed herewith;

b) The copy of the applicant’s enterprise registration certificate, establishment decision or certificate of incorporation (in case of unavailability of the enterprise registration certificate);

c) Documents proving the transfer of electricity work; documents proving personnel transfer or about technical managers, operation managers and consultants as prescribed in Clause 3 Article 6, Clause 3 Article 7, Clause 3 Article 8, Clause 3 Article 9 hereof, in case there are any changes in personnel.".

7. Clause 3 shall be added in Article 12 as follows:

“3. In case an electricity license covers both electricity retail and electricity distribution one of which is under the jurisdiction of the Electricity Regulatory Authority, the licensing authority shall be the Electricity Regulatory Authority.

8. Some Clauses of Article 14 shall be amended as follows:

a) Clause 2 shall be amended as follows:

“2. Apply for modification of the electricity license within 30 days from the occurrence of any change in its name or headquarters in the enterprise registration certificate, establishment decision or certificate of incorporation (in case of unavailability of the enterprise registration certificate) written in the issued electricity license, or any change in business type, operation scope or validity of the issued electricity license.

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 “7a. Units engaging in electricity generation, transmission or distribution shall comply with regulations of law on planning, land, construction, fire prevention and fighting, environment, connection and relevant laws before electricity works are put into official operation. With regard to an electricity work that is required to have a written approval for the acceptance result by a competent authority according to regulations of law on construction, the unit engaging in electricity generation, transmission, distribution shall have the written approval for the acceptance result of completion of the construction work by the competent authority according to regulations of law on construction before the electricity work is put into commercial operation or official operation.”.

c) Point a Clause 11 shall be amended as follows:

“a) The electricity utility (or the electricity work operating and managing unit that has been authorized) shall make an annual report on performance of licensed operations in the previous year according to Form No. 4a, 4b, 4c and 4d in the Appendix enclosed herewith and send, whether in person or by post or by email, to the licensing authority and the Provincial Department of Industry and Trade.

If the report is sent to the Ministry of Industry and Trade or the Electricity Regulatory Authority by email, it shall be sent via BChoatdongdienluc@moit.gov.vn or the online public service portal of the Ministry of Industry and Trade. If the report is sent to the provincial People’s Committee or Provincial Department of Industry and Trade by email (if available), it shall be sent according to instructions of the provincial People’s Committee or Provincial Department of Industry and Trade.

If the licensing authority does not receive the report on performance of licensed operations in the previous year until the end of March 01 every year, it is determined that the electricity utility fails to submit the annual report on schedule according to the annual reporting regime

Article 2. Addition, replacement and annulment of some words, phrases of Article 14 and some forms in Appendix enclosed with Circular No. 21/2020/TT-BCT on procedures for issuance of electricity licenses

1. The “10^th" shall be replaced by the “12^th" in Clause 10 after Clause 11 of Article 14.

2. The paragraph “Pursuant to Circular No. 10/2023/TT-BCT dated April 21, 2023 of the Minister of Industry and Trade on amendments to some Articles of Circular No. 21/2020/TT-BCT dated September 09, 2020 of the Minister of Industry and Trade on procedures for issuance of electricity licenses” shall be added after the phrase “Pursuant to Circular No. 21/2020/TT-BCT dated September 09, 2020 of the Minister of Industry and Trade on procedures for issuance of electricity licenses” in the "Legal references" section of Form No. 2a, Form No. 2b, Form No. 2c and Form No. 2d:

3. The phrase “after 06 months” shall be replaced by “within 06 months” in Clause 1 Article 5 of Form No. 2a, Form No. 2b, Form No. 2c and Form No. 2d.

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1. This Circular comes into effect from June 09, 2023.

2. Electricity licenses issued before the effective date of this Circular shall be still valid until their expiration dates and holders of these licenses shall fulfill their responsibilities and obligations according to this Circular.

3. In case of any change in names or headquarters of the electricity utilities in enterprise registration certificates, establishment decisions or certificates of incorporation written in the issued electricity licenses, or any change in business type, operation scope or validity of the issued electricity licenses before the effective date of Circular No. 21/2020/TT-BCT dated September 09, 2020 of the Minister of Industry and Trade on procedures for issuance of electricity licenses, the procedures for modification of electricity licenses shall be carried out within 60 days from the effective date of this Circular.

4. Difficulties that arise during the implementation of this Circular should be reported to the Electricity Regulatory Authority for consideration and handling or the Ministry of Industry and Trade for consideration./.

PP. MINISTER
DEPUTY MINISTER




Dang Hoang An