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THE
GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom
- Happiness
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No. 137/2013/ND-CP
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Hanoi, October
21, 2013
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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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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
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