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MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 09/2023/TT-BCT
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Hanoi, April 21, 2023
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CIRCULAR
AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO. 16/2014/TT-BCT
DATED MAY 29, 2014 OF THE MINISTER OF INDUSTRY AND TRADE ON ELECTRICITY PRICES
AND CIRCULAR NO. 25/2018/TT-BCT DATED SEPTEMBER 12, 2018 OF THE MINISTER OF
INDUSTRY AND TRADE ON AMENDMENTS TO SOME ARTICLES OF CIRCULAR NO.
16/2014/TT-BCT
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 Law on
Electricity dated December 03, 2004 and the Law on amendments to the Law on
Electricity dated November 20, 2012;
Pursuant to
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
Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 on amendments to
Decrees on submission and presentation of household register booklets,
temporary residence register booklets upon carrying out administrative
procedures or providing public services;
Pursuant to Decision
No. 24/2017/QD-TTg dated June 30, 2017 of the Prime Minister on mechanism for
adjustment of average retail electricity price;
Pursuant to Decision
No. 28/2014/QD-TTg dated April 07, 2014 of the Prime Minister on electricity
retailing price structure;
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The Minister of
Industry and Trade promulgates a Circular on amendments to some Articles of
Circular No. 16/2014/TT-BCT dated May 29, 2014 of the Minister of Industry and
Trade on electricity prices and Circular No. 25/2018/TT-BCT dated September 12,
2018 of the Minister of Industry and Trade on amendments to some Articles of
Circular No. 16/2014/TT-BCT
Article 1. Amendments
to some Articles of Circular No. 16/2014/TT-BCT dated May 29, 2014 of the
Minister of Industry and Trade on electricity prices
1. Clause 3 Article 2 shall be added as follows:
“3. Residence
information refers to information defined by the Residence Law and legal
documents on provision of guidelines for implementation of the Residence Law.
2. Clause 2 Article 10 shall be amended as follows:
“2. If a buyer is a group
of separate households sharing an electric meter (as recorded on the residence
information system at electricity consumption locations), the price of
electricity shall be applied to total amount of electricity used by such
buyer which is determined by the amount of electricity of each level multiplied
by the number of households sharing an electric meter.”
3. Point a Clause 3 Article 10 shall be amended as follows:
“a) In case it is
possible to declare the number of occupants (as recorded on the residence
information system at electricity consumption locations or the list of
officers, soldiers with confirmation from the head of unit with respect to the
armed forces), every four occupants shall be considered as one household as the
basis for application of the retail price of electricity for domestic
purpose;”.
4. Point a Clause 4 Article 10 shall be amended as follows:
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5. Clause 10 Article 10 shall be added as follows:
“10. In case of
supply of electricity for domestic purpose, change of parties of a power
purchase agreement, termination of the power purchase agreement (PPA), change
of the date on which the meter reading is taken under agreement with a client,
the limit of used electricity by level shall be adjusted according to the
actual number of days of the cycle of such meter reading.”.
6. Point c Clause 2 Article 12 shall be amended as follows:
“c) The number of
domestic electricity consuming households connected to the summation meter in a
rural area means total households that have registered permanent or temporary
residence, as recorded on the residence information system, at electricity
consumption locations within the scope of electricity supply of the summation
meter of the retailer and the limit of electricity specified in a power
purchase agreement signed with that retailer. The wholesaler is entitled to
determine the actual number of electricity-consuming households connected to
the summation meter according to residence information in the national database
on population;".
7. Point c Clause 6 Article 12 shall be amended as follows:
“c) Residence
information of households increased or decreased (if any).
After the aforesaid
deadline, if the retailer fails to provide documents as mentioned above, the
wholesaler is entitled to impose the wholesale price of electricity for
domestic purpose at level 4 in the rural area (from 201-300kWh for the total
amount of electricity measured by summation meter). The wholesaler is
entitled to inspect and determine the actual number of electricity- consuming
households connected to the summation meter according to residence
information in the national database on population.".
8. Point b Clause 2 Article 13 shall be amended as follows:
“b) The number of
domestic electricity consuming households connected to the summation meter in a
collective quarter or a residential area means total households that have
registered permanent or temporary residence, as recorded on the residence
information system, at electricity consumption locations within the scope of
electricity supply of the summation meter of the retailer and the limit of
electricity specified in a power purchase agreement signed with that retailer.
The wholesaler is entitled to determine the actual number of electricity-consuming
households connected to the summation meter according to residence
information in the national database on population;".
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“c) Residence information
of households increased or decreased (if any).
After the aforesaid
deadline, if the retailer fails to provide documents as mentioned above, the
wholesaler is entitled to impose the wholesale price of electricity for
domestic purpose at level 4 in the collective quarter or the residential area
(from 201-300kWh for total amount of electricity measured by
summation meter). The wholesaler is entitled to inspect and determine the
actual number of electricity- consuming households connected to the
summation meter according to residence information in the national
database on population.".
10. Point c Clause 2 Article 14 shall be amended as follows:
“c) The number of
domestic electricity consuming households connected to the summation meter in a
commercial, service, and domestic complex means total households that have
registered permanent or temporary residence, as recorded on the residence
information system, at electricity consumption locations within the scope of
electricity supply of the summation meter of the retailer and the limit of electricity
specified in a power purchase agreement signed with that retailer. The
wholesaler is entitled to determine the actual number of electricity-consuming
households connected to the summation meter according to residence
information in the national database on population;".
11. Point c Clause 5 Article 14 shall be amended as follows:
“c) Residence information
of households increased or decreased (if any).
After the aforesaid
deadline, if the retailer fails to provide documents as mentioned above, the
wholesaler is entitled to impose the wholesale price of electricity for other
purposes on total amount of electricity measured by summation meter). The
wholesaler is entitled to inspect and determine the actual number of
electricity-consuming households connected to the summation meter
according to residence information in the national database on
population;".
Article 2. Amendments
to some Articles of Circular No. 25/2018/TT-BCT dated September 12, 2018 of the
Minister of Industry and Trade on amendments to some Articles of Circular No.
16/2014/TT-BCT
1. Clause 1 Article 1 shall be amended as follows:
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c) With regard to an
urban area or a multistory building of which houses and apartments have been
transferred to clients but the electrical grid is not yet transferred to the
competent electricity agency because of failure to complete property statement
procedures: Pending the transfer of the electrical grid and electric
consumption by clients, the buyer and the seller shall, based on the actual
consumption of electricity, carry out an agreement on the amount of electricity
to which the retail price for domestic purpose is applied and the amount of electricity
to which the retail price for non-domestic purposes (such as production,
business, service provision, etc.) is applied; this agreement shall be used as
the basis for application of electricity prices. The price of electricity used
for domestic purpose shall be applied to total amount of electricity used by
the buyer which is determined by the amount of electricity of each level
multiplied by the number of households using electricity for domestic purpose
(based on actual purposes of electricity consumption, apartment sales
agreement, record of apartment transfer, and residence information of
households at electricity consumption locations)."
2. Clause 5 Article 1 shall be amended as follows:
“5. Point c Clause 4
Article 10 shall be amended as follows:
c) In case tenants are
students or workers (not a household):
- If a tenant enters into
a lease agreement with a lease period of at least 12 months and has completed
procedures for registration of temporary residence, permanent residence (as
recorded on the residence information system at electricity consumption
location), the house owner or the tenant's representative shall enter into a
power purchase agreement (accompanied by the house owner's commitment to make
electricity bill payment);
- If the lease period is
less than 12 months and the house owner fails to declare the number of
occupants using electricity as regulated, the retail price of electricity for
domestic purpose at level 3 (from 101 kWh to 200 kWh) shall apply to total
amount of electricity measured by the electric meter.
If the house owner has
completed procedures for declaration of the number of occupants using
electricity in the house, the electricity seller shall decide the limit on
amount of electricity according to residence information at electricity
consumption locations, every four occupants shall be considered as a household
for deciding the limit on amount of electricity. To be specific: 01 occupant,
02 occupants, 03 occupants and 04 occupants are regarded as 1/4 of a household,
1/2 of a household, 3/4 of a household and a household respectively. In case of
change in the number of occupants, the house owner shall inform the seller to
adjust the limit on amount of electricity for calculating electricity bill.
The seller is entitled to
request the buyer to provide residence information at electricity consumption
locations to verify the number of occupants in the house.”
Article 3.
Implementation clause
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2. Clause 10 Article 01 of Circular No. 06/2021/TT-BCT dated
August 06, 2021 of the Minister of Industry and Trade on amendments to
several Articles of the Circular No. 16/2014/TT-BCT dated May 29, 2014 of the
Minister of Industry and Trade on implementation of electricity selling prices
shall be annulled.
3. Difficulties that
arise during the implementation of this Circular should be reported to the
Electricity Regulatory Authority or the Ministry of Industry and Trade for
consideration./.
PP. MINISTER
DEPUTY MINISTER
Dang Hoang An