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OFFICE
OF THE NATIONAL ASSEMBLY
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No.
06/VBHN-VPQH
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Hanoi,
January 25, 2022
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LAW
ON ELECTRICITY
The Law on Electricity No.
28/2004/QH11 dated December 02, 2004 of the National Assembly, which has been
effective since July 01, 2005, is amended by:
1. The Law No. 24/2012/QH13 dated
November 20, 2012 of the National Assembly on Amendments to some Articles of
the Law on Electricity, which has been effective since July 01, 2013;
2. The Law No. 28/2018/QH14 dated
June 15, 2018 of the National Assembly on Amendments to some Articles
concerning planning of 11 Laws, which has been effective since January 01,
2019;
3. The Law No. 03/2022/QH15 dated
January 11, 2022 of the National Assembly 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 Housing, 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, which has been effective since March 01,
2022.
Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam amended under the Resolution
No. 51/2001/QH10 dated December 25, 2001 of the 5th National Assembly, the 10th
session;
This Law provides for
electricity[1].
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GENERAL PROVISIONS
Article 1. Scope
This Law provides for electricity
development planning and investment in electricity development; electricity
saving; electricity market; rights and obligations of organizations and
individuals conducting electricity-related activities and using electricity;
protection of electrical equipment and electricity works, and electric safety.
Article 2. Regulated entities
This Law applies to organizations
and individuals conducting electricity-related activities, using electricity or
engaged in other electricity-related activities in Vietnam. Where any treaty to
which the Socialist Republic of Vietnam is a signatory or accedes contain provisions
different from those specified this Law, the former shall prevail.
Article 3. Definitions
For the purposes of this Law, the
terms below shall be construed as follows:
1. “electricity-related activities”
mean activities of organizations or individuals in the fields of
electricity development planning, investment in electricity development,
electricity generation, electricity transmission, electricity distribution, load
dispatching, regulation of electricity market transactions, electricity
wholesaling and retailing, electrical consulting and other relevant activities.
2. “electric utility” means
an organization or individual carrying out electricity generation, electricity
transmission, electricity distribution, load dispatching, regulation of electricity
market transactions, electricity wholesaling and retailing, electrical
consulting and other relevant activities.
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4. “electricity wholesaling” means
the sale of electricity by one electric utility to another for resale to a
third party.
5. “electricity retailing” means
the sale of electricity by one electric utility to electricity consumers.
6. “electricity consumer" means
a retail purchaser of electricity who uses or consumes the electricity
purchased and does not resell the electricity purchased to another organization
or individual.
7. “large electricity consumer” means
a consumer that uses electricity with large power and consumption as prescribed
by the Ministry of Industry and Trade[2] in a manner that is appropriate
to each period of power system development.
8. “electricity tariff”
means a list of specific electricity prices and price brackets applicable to
electricity buyers and sellers under different conditions.
9. “electricity price bracket” means
the range of permissible electricity price fluctuations between the lowest
price (floor price) and the highest price (ceiling price).
10. “national power system” means
a system of electricity-generating equipment, electrical grids and auxiliary
equipment which are connected and uniformly controlled nationwide.
11. “electricity regulation” means
the impact exerted by the State on electricity-related activities and
electricity market with a view to supplying electricity safely, stably and
qualitatively, using electricity economically and efficiently and ensuring
fairness, transparency and law compliance.
12. “load dispatching” means
the commanding and control of the process of electricity generation,
electricity transmission, electricity distribution within the national power
system according to determined technical processes, regulations[3] and
operation method.
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14. “electricity metering
devices” means those used for measuring the power, amount of electric
energy, electric current, voltage, frequency, power factor, including
electricity meters, and accompanying equipment and accessories.
15. “electricity theft” means
an act of illegally taking electricity without mater meters, tampering of an
electricity meter and other electrical equipment related to electricity metering,
deliberate or collaboration on recording of in electricity meter readings and
other fraudulent acts of taking electricity.
16. “electrical work” means
a combination of facilities, machinery, equipment, construction structures in
direct service of electricity generation, electricity transmission, electricity
distribution, load dispatching, electricity purchase and sale; a system for
protection of electrical works; electrical grid safety corridors; land used for
electrical works and other auxiliary works.
17. [4] “electricity
wholesale price” means the price at which the electricity of an electric
utility is sold to another for resale.
18. [5] “electricity
retail price” means the price at which the electricity of an electric
utility is sold to electricity consumers.
Article 4. Electricity
development policies
1. Develop electricity in a sustainable
manner on the basis of optimally tapping all resources, satisfying demands for
electrical energy in service of people's life and socio-economic development
with stable quality, safety and economy, civilized services, thus contributing
to the maintenance of national defense, security and national energy security.
1a. [6] Prioritize
development of electricity to service rural areas, mountainous areas, border
areas, islands and extremely disadvantaged.
2. [7] Build
up and develop the electricity market on the principle of publicity, equality, fair
competition with the State's regulation to raise efficiency in
electricity-related activities; protect legitimate rights and interests of
electricity utilities and electricity consumers; attract all economic sectors
to participate in investment in the construction of transmission grids on the
basis of ensuring national defense and security and according to the planning
for electricity development, electricity generation, electricity distribution,
electricity wholesaling, electricity retailing and/or electrical
consulting.
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2a. [8]
The State holds monopoly in the following activities:
a)
National load dispatching;
b)
Construction and operation of large power plants of socio-economic significance
or in service of defense or security purpose;
c)
Operation of distribution grids, except for the transmission grid built by
non-state economic sectors.
3. [9] Apply scientific and
technological advances to electricity-related activities and use with a view to
saving, raising the efficiency in using various energy sources, and protecting
the environment; encourage research, development, production and use of modern
equipment to satisfy the requirement of electricity development.
4. [10] Step up the
exploitation and use of sources of new energy sources and renewable energy for
electricity generation; provide incentives for projects on investment in
development of power plants using sources of new energy sources and renewable
energy.
Article 5. International
cooperation in electricity-related activities
Expand international cooperation
and international economic integration in electricity-related activities on the
basis of respect for each other’s national independence and sovereignty and
mutual benefits. The State encourages and enables foreign organizations and
individuals to participate in electricity-related activities in Vietnam;
domestic organizations and individuals to cooperate with foreign organizations
and individuals, and international organizations in electricity-related
activities.
Article 6. Dissemination of and
education about electricity law
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2. Vietnamese Fatherland Front and
its member organizations shall, within their jurisdiction, cooperate with the
agencies performing the state management of electricity-related activities and
electricity use in mobilizing people to use electricity safely, economically
and efficiently and to strictly comply with regulations of law on electricity.
Article 7. Prohibited acts in
electricity-related activities and electricity use
1. Destroying electrical equipment,
electricity metering devices and electrical works.
2. Conducting electricity-related
activities without the license as prescribed by this Law.
3. Switching on or off electricity
in contravention of law.
4. Violating regulations on safety
in electricity generation, transmission, distribution and use.
5. Obstructing the inspection of
electricity-related activities and electricity use.
6. Electricity theft.
7. Using electricity as animal
traps or means of protection, except for the cases prescribed in Article 59 of
this Law.
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9. Providing untruthful
information, thus causing harms to the legitimate rights and interests of
organizations and individuals conducting electricity-related activities or
using electricity.
10. Abusing positions and/or powers
to cause troubles or earn illegal profits in electricity-related activities and
electricity use.
11. Other violations prescribed by
regulations of law on electricity.
Chapter II
PLANNING FOR AND INVESTMENT IN ELECTRICITY DEVELOPMENT
Article 8. Electricity
development planning [11]
1. Electricity development planning
is the national sector planning and serves as a basis for electricity
development.
2. The electricity development
planning shall be formulated as prescribed by the law on planning and
conformable with:
a) the national energy development
strategy;
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3. The electricity development
planning covers a period of 10 years. The orientations of the electricity
development planning cover a period of 30 - 50 years.
Article 8a. [12] (annulled)
Article 9. Formulating,
appraising, announcing, organizing implementation of and adjusting the
electricity development planning [13]
1. The Ministry of Industry and
Trade shall organize the formulation of the electricity development planning
and submit it to the Prime Minister for approval as prescribed by the law on
planning.
2. People’s Committees of provinces
shall organize the development of contents of electricity supply network
development plan included in the provincial planning.
3. The electricity development
planning shall be formulated, appraised, approved, announced, implemented and
adjusted as prescribed by the law on planning.
Article 10. Costs of
formulating, appraising, approving, announcing, adjusting and assessing
implementation of the electricity development planning [14]
The costs of formulating,
appraising, approving, announcing, adjusting and assessing implementation of
the electricity development planning are prescribed by the law on planning.
Article 11. Investment in
electricity development
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2. Every electricity project
investor shall strictly comply with regulations of law on investment,
construction and environmental protection.
3. Electricity generation units, electricity
transmission units and electricity distribution units shall make investment in
construction of electrical substations, meters and lines transmitting
electricity to meters for the sale of electricity.
4. Organizations or individuals
that build or renovate/expand electrical works must use modern technical
equipment and technologies conforming to technical regulations[16],
industry standards and Vietnam standards prescribed by competent
authorities.
5. The Ministry of Industry and
Trade[17] and provincial People’s Committees shall publish a list of
electricity projects attracting investment from time to time and licensed investment
projects.
Article 12. Use of land for electrical works
1. According to the electricity
development planning and land use planning and plan which have been approved by
the competent authority, People's Committees at all levels shall provide
adequate land for construction of electrical works.
2. When setting up a project on
electrical work construction, the investor must clearly determine the area of
land to be used and the compensation and land clearance plan.
3. After the electricity project
has been approved, the competent authority shall decide to allocate or lease
out land to the investor for execution of the project.
4. People's Committees at all
levels shall, within their jurisdiction, preside over and cooperate with
electricity project investors in formulating and executing the relocation and
land clearance; providing compensation for loss of land or property; protecting
the area of land reserved for the project and electrical work safety corridor.
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THRIFT PRACTICE IN ELECTRICITY GENERATION,
TRANSMISSION, DISTRIBUTION AND USE
Article 13. Policies and
measures to encourage and promote electricity saving
1. The State shall support and
encourage electricity saving by adopting the following policies:
a) Encouraging domestic manufacture
or import of, and application of tax incentives to products on the lists of
electricity-saving products and equipment, supplies and technology lines
imported for manufacture of electricity-saving products;
b) Granting preferential loans from
the Development Assistance Fund and the Science and Technology Development Fund
to projects on manufacture of electricity-saving products or investment
projects serving the energy-saving purpose;
c) Providing investment,
electricity price and tax incentives under the guidance of the Ministry of
Finance to projects on development of power plants using new energy sources and
renewable energy.
2. Ministries, ministerial
agencies, Governmental agencies and provincial People's Committees shall set up
programs and projects on promotion of economical and efficient use of
electricity; provide adequate funding for scientific research and technology
development to achieve the electricity-saving objective.
3. According to the socio-economic
development objective, the Ministry of Industry and Trade[18] shall cooperate
with relevant ministries in designing a national energy efficiency programme
and submit it to the Prime Minister for decision.
Article 14. Thrift practice in
electricity generation
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2. Self-consumption power systems
in power plants must be appropriately designed and installed, and used during
the operation process in a manner that is satisfies the requirements for self-consumption
power saving.
Article 15. Thrift practice in
electricity transmission and distribution
Transmission lines and electrical
substations must meet advanced techno-economic parameters and standards and be
operated by optimal methods in order to satisfy the requirements for stable,
safe and constant supply of electricity and minimize the loss of electric
energy.
Article 16. Thrift practice in
electricity use
1. Organizations and individuals
using electricity for production shall:
a) Execute the demand side
management program in order to reduce power difference between peak hours and
off-peak hours of the power system load profile;
b) Improve and rationalize the
process for manufacture and application of technologies and equipment with low
power consumption to save electricity;
c) Minimize the use of high-power
electrical equipment at peak hours of the power system load profile;
dd) Maintain the power factor
according to technical standards and minimize the underload use of electrical
equipment;
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2. Retail prices of electricity for
production, daily life and service provision must be set in a manner that
stimulates organizations and individuals to use electricity economically and
encourages the use of electricity at off-peak hours, reduce the use of
electricity at peak hours of the electric system load profile.
3. Organizations and individuals
that manufacture or import lighting and air-ventilating equipment, air
conditioners, water pumps, water heaters, lifts and other equipment for
domestic purposes must meet the advanced energy efficiency criteria so as to
reduce the cost of electricity, thus contributing to electricity saving.
4. Agencies and organizations shall
promulgate regulations on thrift practice in electricity use within their
respective agencies and organizations.
5. The Government shall direct the
establishment and promulgation of energy efficiency criteria applicable to
electrical products and commodities.
Chapter IV
ELECTRICITY MARKET
Section 1. PRINCIPLES,
ENTITIES AND FORMS OF AND ACTIVITIES ON ELECTRICITY MARKET
Article 17. Rules
1. Ensure publicity, transparency[20], equality, fair
competition and non-discrimination among entities participating in the
electricity market.
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3. The state shall regulate activities
on the electricity market in order to facilitate sustainable development of the
power system and satisfaction of the requirements for safe, stable and
efficient supply of electricity.
Article 18. Formation and
development of electricity market
1. The electricity market is formed
and developed[21]
at the following levels:
a) Competitive electricity
generation market;
b) Competitive wholesale
electricity market;
c) Competitive retail electricity
market.
2. [22] The Prime Minister shall provide for
conditions and structure of electricity industry to form and develop
levels of the electricity market; the roadmap for electricity market
development, carry out review and adjustment so as to speed up the roadmap in a
manner that suits the socio-economic situation from time to time.
Article 19. Entities
participating in electricity market
1. Electricity generation units.
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3. Electricity distribution units.
4. Electricity wholesalers.
5. Electricity retailers.
6. National load dispatch units.
7. Electricity market transaction
regulation units.
8. Electricity consumers.
Article 20. Purchasing and
selling electricity on electricity market
1. Entities purchasing and selling
electricity on the electricity market consist of:
a) Electricity generation units;
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c) Electricity retailers;
d) Electricity consumers.
2. The purchase and sale of
electricity on the electricity market shall
be effected in the two following forms:
a) Under a fixed-term contract
between the electricity seller and the electricity purchaser;
b) Under a spot contract between
the electricity seller and the electricity purchaser through an electricity
market transaction regulation unit.
3. Every electricity market
transaction regulation unit shall regulate and coordinate transactions in
purchase and sale of electricity and ancillary services on the electricity
market.
Article 21. Transactions and
regulation of transactions on electricity market
1. Main provisions on transactions
on the electricity market include:
a) Rights and obligations of
entities participating in the electricity market relevant to the levels of
development of the electricity market;
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c) National load dispatching on the
electricity market;
d) Fault handling process;
dd) Spot purchase and sale of
electricity on the electricity market;
e) Offering prices and determining
market prices;
g) Preparing invoices and making
payment between the entities specified in clause 1 Article 20 of this Law and ancillary
service providers;
h) Providing ancillary services and
prices of ancillary services[23];
i) Imposing penalties for
violations and settling disputes and complaints about electricity purchase and
sale and ancillary services on the electricity market;
k) Providing and publicizing
information relating to transactions and regulation of transactions on the
electricity market.
2. Main provisions on regulation of
transactions on the electricity market include:
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b) Publicizing spot prices of
electricity and prices of ancillary services prescribed in clause 1 of this
Article;
c) Providing transaction services
and preparing payment invoices for the amount of electricity and power
purchased and sold under a spot contract and ancillary services;
d) Receiving and handling proposals
related to transactions in electricity purchase and sale on the electricity
market in order to ensure the stability and efficiency and prevent unfair
competition practices;
dd) Providing information relating
to transactions and regulation of transactions on the electricity market to
relevant parties;
e) Reporting transactions in the
purchase and sale of electricity on the electricity market to the electricity
regulatory agency.
3. The Ministry of Industry and
Trade[25] shall
elaborate on clause 1 and provide guidelines for implementation of clause 2 of
this Article in conformity with each level of development of electricity market;
prescribe the organizational structure, tasks and specific powers of each
electricity market transaction regulation unit.
Section 2.
ELECTRICITY PURCHASE AND SALE AND ELECTRICITY SUPPLY SERVICE UNDER FIXED-TERM
CONTRACTS
Article 22. Fixed-term power purchase
agreements
A fixed-term power purchase
agreement (PPA) shall be made in writing and contain the following contents:
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2. Intended uses;
3. Service standards and quality;
4. Rights and obligations of the
parties;
5. Electricity prices, methods
and time of payment;
6. Conditions for agreement
termination;
7. Responsibility for breach of
agreement;
8. Term of the agreement;
9. Other contents agreed upon
by the two parties.
Article 23. Electricity bill
payment
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2. If the electricity purchaser
delays in paying electricity bills, they must also pay the late payment
interest to the electricity seller.
3. If the electricity seller
collects electricity bill overpayment, they must refund the excess to the
electricity purchaser, including the interest on such overpayment.
4. The rate of interest on the late
payment or overpayment shall be agreed upon by the parties under the agreement
but shall not exceed the highest interest rate quoted at the time of payment by
the bank where the electricity seller's account, as defined in the signed
agreement, is opened.
5. The electricity purchaser may
request the electricity seller to check the electricity bill payable. Upon
receiving the electricity purchaser’s request, the electricity seller shall
process it within fifteen days. Where they disagree with the electricity
seller, the electricity purchaser shall request the competent authority to initiate
the conciliation procedure. In case of no request for conciliation
submitted or unsuccessful conciliation, the electricity purchaser shall file a
lawsuit at the court in accordance with regulations of law on civil procedures.
Pending conciliation results, the electricity purchaser still has to pay the
electricity bill and the electricity seller must not disconnect the electricity
supply.
6. [26] Where the electricity purchaser does
not pay the electricity bill and has been notified of the payment twice by the
electricity seller, the electricity seller is entitled to disconnect the
electricity supply fifteen days after the first notification. The electricity
seller must notify the time of electricity supply disconnection to the
electricity purchaser 24 hours in advance and is not required to bear
responsibly for the damage caused by the electricity supply disconnection.
Article 24. Electricity metering
1. Electricity generation units, electricity
transmission units and electricity distribution units shall invest and install
all electricity metering devices and auxiliary equipment for electricity
metering, unless otherwise agreed upon by the parties to safeguard their interests
in compliance with regulations of law[27].
2. [28] Electricity metering devices must
satisfy technical requirements for measurement and be inspected, calibrated and
tested in accordance with regulations of law on measurement.
3. Electricity meters must be
installed on the electricity purchasers’ premises, unless otherwise agreed upon
by the parties to safeguard their interests in compliance with regulations of
law[29]. The meter
installation positions and installation must ensure safety and aesthetic appearance,
and prime electricity purchasers to check meter readings and electricity
sellers to record meter readings.
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Article 25. Inspection,
calibration and testing of electricity metering devices [30]
1. [31] Only inspection, calibration and
testing organizations which have been registered or appointed as prescribed by
law on measurement are entitled to inspect, calibrate and test electricity
metering devices.
2. [32] Electricity sellers shall carry out
inspection, calibration and testing of electricity metering devices in
accordance with the requirements and within the time limit specified by
regulations of law on measurement.
3. If it is suspected that the electricity
metering device operates inaccurately, the electricity purchaser is entitled to
request the electricity seller to conduct a check; within three days from the
date of receiving the request, the electricity seller must completely check,
repair or replace it. In case of disagreeing with the result, the electricity
purchaser may request the local authority in charge of state management of
electricity-related activities and electricity use to carry out an independent
inspection Within fifteen days from the date of receiving the request, the
local authority in charge of state management of electricity-related activities
and electricity use shall carry out the inspection.
4. The cost of electricity metering
device inspection specified in clause 3 of this Article shall be paid as
follows:
a) Where the independent inspection
organization determines that the electricity metering device operates in
accordance with Vietnam standard, the electricity purchaser shall pay the
inspection cost.
b) Where the independent inspection
organization determines that the electricity metering device fails to operate
in accordance with Vietnam standard, the electricity seller shall pay the
inspection cost.
5. Where the independent inspection
organization determines that the electricity metering device’s readings
recorded exceed the actual amount of electricity consumed, the electricity
seller shall refund the overpayment to the electricity purchaser.
Article 26. Electric power
quality assurance
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2. The electricity purchaser shall
ensure that their electrical equipment operate safely so as not to cause any
breakdown to power system and not to affect voltage quality of the electrical
grid.
Article 27. Electricity supply
disconnection and reduction
1. In the case of disconnecting or
reducing electricity supply in a non-emergency case, except for the case
prescribed in clause 6 Article 23 of this Law, the electricity seller must
notify the electricity purchaser thereof at least five days before the
electricity supply disconnection or reduction by making an announcement for
three consecutive days on the mass media or other means of communication.
2. In the case of disconnecting or
reducing electricity supply due to an incident or force majeure event which is
beyond the electricity seller's control, thereby seriously threatening safety
of for human beings and equipment or due to a power shortage which threatens
the safety of the power system, the electricity generation unit, electricity
transmission unit or electricity distribution unit may disconnect or reduce the
electricity supply to the electricity purchaser for handling purpose and must,
within 24 hours, notify the electricity purchaser of the cause and the
estimated time of electricity supply resumption.
3. Where the electric utility
disconnects or reduces the electricity supply in contravention of regulations
on electricity supply disconnection or reduction, they shall incur a penalty in
accordance with regulations of law on penalties for administrative violations;
if any damage is caused, it must pay compensation to the electricity purchaser
according to regulations of law.
4. Where the electricity purchaser
fails to comply with the regulations set forth in points a and b clause 2
Article 46, points b and c clause 2 Article 47 of this Law, the electricity
seller may disconnect the electricity supply to the electricity purchaser.
Article 28. Sale and purchase of
electricity with foreign countries
1. The purchase and sale of
electricity with foreign countries must be permitted by a competent authority
and stated in the electricity license.
2. The purchase or sale of
electricity with a foreign country through the national power system must
adhere to the following principles:
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b) Satisfy techno-economic
criteria, process and technical regulations[33] for operation of the national power system;
c)[34] Do not cause harm to the interests of
electricity consumers and the State, and national energy security.
3. Electricity consumers in
border areas may bypass the national power system to directly buy electricity
from foreign countries but must satisfy electrical safety criteria and other
relevant regulations of law.
Section 3. ELECTRICITY PRICES
Article 29. Electricity price
policies
1. Enable economic sectors to
invest in electricity development in a manner that earns reasonable profits, saves
energy resource and uses new sources of energy or renewable energy without
causing environmental pollution upon carrying out electricity-related
activities, thereby contributing to boosting socio-economic development, especially
in rural areas, mountainous areas and islands.
1a. [35] Electricity prices shall be set
according to the market mechanism and regulated by the State according to the
level of development of the electricity market.
2. Encourage the economical and
efficient use of electricity.
3. [36] Apply appropriate electricity retail
tariff to groups of electricity consumers; provide state subsidies on
electricity for domestic use to poor households and social policy households
according to the criteria prescribed by the Prime Minister in appropriate
response to the socio-economic situation from time to time.
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5. Protect legitimate rights and
interests of electric utilities and electricity consumers.
Article 30. Bases for setting
and adjusting electricity prices
1. Electricity price policies.
2. Socio-economic development
conditions of the country and people's income from time to time.
3. Electricity supply and demand.
4. Electricity production and
trading costs and reasonable profits of electricity utilities.
5. Level of development of the
electricity market.
6. [38] Annually audited financial statements
of electric utilities.
Article 31. Electricity prices
and fees
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The Ministry of Industry and Trade
shall preside over and cooperate with the Ministry of Finance in establishing
the average electricity retail price bracket, price adjustment mechanism and
electricity retail tariff and submit them to the Prime Minister for decision.
The adjustment of the electricity
retail price must be made in a public and transparent manner regarding the
change of the constituents relating to the price adjustment. The State shall adopt
measures to stabilize the electricity selling price in conformity with
regulations of law on prices.
2. [40] The brackets of electricity generation
prices, electricity wholesale prices, electricity transmission prices, prices
of ancillary services for power system, fees for operating and regulating the
power system and fees for regulating electricity market transactions shall be established
the related electricity utility; appraised by the electricity regulatory agency
before they are submitted to the Minister of Industry and Trade and the
Minister of Finance for approval as assigned by the Government,
except for the case specified in clause 2 Article 62 of this Law.
The Ministry of Industry and Trade
shall preside over and cooperate with the Ministry of Finance in providing
guidance on the methods for establishing the brackets of electricity generation
prices, electricity wholesale prices, electricity transmission prices, prices
of ancillary services for the power system, fees for operating and regulating
the power system and fees for regulating electricity market transactions.
3. [41] The electricity generation prices
under fixed-term PPAs and electricity wholesale shall be approved by electric
utilities but not exceed the approved brackets of electricity generation prices
and electricity wholesale prices.
4. Electricity spot prices shall be
fixed at the time of conducting a transaction on the electricity market and
publicized by the electricity market transaction regulation unit accordance
with points e and h clause 1 Article 21 of this Law.
Chapter V
ELECTRICITY LICENSES
Article 32. Eligible entities, eligibility requirements and
modification of electricity licenses
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2. An organization or individual
shall be granted an electricity license or have their electricity license
modified when fully satisfying the following eligibility requirements:
a) There is a feasible
electricity-related activity project or plan;
b) There is an application for
issuance or modification of the electricity license;
c) The manager has managerial
capability and professional qualifications appropriate to the electricity
fields.
3. Organizations and individuals
applying for issuance or modification of the electricity license shall pay fees
under regulations of law.
4. [43] The Government shall elaborate
eligibility requirements for issuance of license to each electricity field.
5. [44] The Ministry of Industry and Trade
shall prescribe procedures for issuance, extension and modification of
electricity license for each electricity field and validity period thereof.
Article 33. Applications for
issuance or modification of electricity licenses
1. An application form for issuance
or modification of the electricity license.
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3. Environmental impact assessment
report of the electricity-related activity project approved by the competent
authority.
4. List, profiles and diplomas
proving capability and professional qualifications appropriate of the electric
utility manager.
Article 34. Electricity license
exemptions
1. Cases in which exemption from
the electricity license is granted:
a) Organizations and individuals
that invest in construction of electricity generation establishments for
self-consumption purpose without selling electricity to any another organizations
and individuals;
b) Organizations and individuals
engaging in electricity generation with an installed power which is lower than
the power prescribed by the Ministry of Industry and Trade[45];
c) Electricity traders in rural
areas, mountainous areas or on islands purchases electricity with a power not
exceeding 50 kVA from the distribution grid to sell electricity directly to
consumers in such rural areas or mountainous areas or on such islands.
d) National load dispatch units and
electricity market transaction regulation units.
2. Organizations and individuals
exempted from electricity licenses under clause 1 of this Article must follow
the procedures and technical regulations[46] on management and operation and
regulations on electricity prices, technical conditions and safety prescribed
in this Law.
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Article 35. Contents of an electricity
license
1. Name and address of the
electricity license holder.
2. Business type.
3. Rights and obligations of the
electricity license holder.
4. Scope.
5. Techniques and technologies used
to carry out electricity-related activities.
6. Validity period of the
electricity license.
Article 36. Time limit for
issuance or modification of electricity licenses
Within thirty days from the receipt
of a sufficient application, the competent authority shall issue or modify the
electricity license; in case of rejection of the application, a written
explanation shall be provided.
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An organization or individual shall
have their electricity license revoked in the following cases:
1. Failure to carry out activities
six months after being granted the electricity license;
2. Failure satisfy conditions for
conducting electricity-related activities as prescribed by this Law;
3. Failure to comply with the
regulations set out in the electricity license;
4. Leasing or lending their
electricity license or modifying it without permission.
Article 38. Power to issue,
modify or revoke electricity licenses
1. The Ministry of Industry and
Trade[47] shall
issue electricity licenses to electricity generation units, electricity
transmission units and electricity distribution units establishing a connection
to the national power system, electricity wholesalers, electricity retailers
and electrical consulting service providers.
2. Provincial People's Committees
shall grant electricity licenses to organizations and individuals engaged in
small-scale electricity-related activities under the guidance of the Ministry
of Industry and Trade[48].
3. The authority issuing
electricity licenses is entitled to modify or revoke electricity licenses. The
modification of an electricity license shall be appropriate to the capacity of
the license holder.
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Chapter VI
RIGHTS AND OBLIGATIONS OF ELECTRIC UTILITIES AND
ELECTRICITY CONSUMERS
Article 39. Rights and
obligations of electric utilities
1. An electricity generation unit
has the right to:
a) Generate electricity and carry
out other activities under its electricity license;
b) Establish connection to the
national power system when satisfying the technical conditions and criteria;
c) Sell electricity to electricity
purchasers under a fixed term agreement and offer spot prices of electricity on
the electricity market;
d) Obtain necessary information
relating to electricity generation;
dd) Request a competent authority
to make amendments to technical regulations[49], techno-economic standards and norms
in service of electricity generation;
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2. An electricity generation unit
has the obligation to:
a)[50] Comply with procedures and technical
regulations on operation of power plants and electrical grids; in the case of a
hydropower plant, comply with regulations on safety of hydropower plants and
operation of reservoirs;
b) Follow operation methods,
command and control orders of the national load dispatch unit;
c) Handle incidents;
d) Where human life and safety of
equipment are threatened, disconnect or reduce the electricity generation if no
measure is taken;
dd) Abide by regulations on
electricity market of this Law and other relevant regulations of law;
e) Report
the readiness for electricity generation, reserve power and adoption of methods
for power plant operation at the request of the national load dispatch unit,
electricity market transaction regulation unit, electricity regulatory agency
or competent authority;
g) Comply with regulations of law
on environmental protection during electricity generation;
h) Immediately notify the national
load dispatch unit and related organizations and individuals of any fault in
electricity generation;
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k) Other obligations prescribed by
law.
Article 40. Rights and
obligations of electricity transmission units
1. An electricity transmission unit
has the right to:
a) Transmit electricity under its
electricity license;
b) Set and submit electricity
transmission prices for approval[52];
c) Obtain necessary information
relating to electricity transmission;
d) Request a competent authority to
make amendments to technical regulations[53], techno-economic standards and norms
in service of electricity transmission;
d1)[54] Establish
connection to the transmission grid built by economic sectors when satisfying
the technical conditions and criteria;
dd) Other rights prescribed by law.
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a) Ensure the transmission grid and
electricity transmission equipment operate in a safe, stable and reliable
manner;
b) Provide transmission services
and ancillary services to relevant parties, except where the electrical grid is
overloaded as certified by the electricity regulatory agency;
c) Follow operation methods,
command and control orders of the national load dispatch unit;
d) Handle incidents;
dd) Where human life and safety of
equipment are threatened, disconnect or request the national load dispatch unit
to reduce the electricity supply if no measure is taken;
e) Formulate a plan for investment
in transmission grid development and invest in the transmission grid
development to satisfy the electricity transmission demands under the
electricity development planning; invest in electricity metering devices and
auxiliary equipment, unless otherwise agreed with the electricity transmission
unit, electricity distribution unit or electricity purchaser to safeguard
interests of the parties in compliance with regulations of law[55];
g) Report the readiness for
electricity transmission and reserve capacity of electricity transmission
equipment at the request of the national load dispatch unit, electricity market
transaction regulation unit, electricity regulatory agency or competent
authority;
h) Immediately notify the national
load dispatch unit and related organizations and individuals of any fault in
the transmission grid;
h1)[56] Protect the right
of organizations and individuals conducting electricity-related activities to
establish connection to the transmission grid they build; in the case of
refusing the connection, follow the regulations laid down by the Minister of
Industry and Trade;
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Article 41. Rights and
obligations of electricity distribution units
1. An electricity distribution unit
has the right to:
a) Distribute electricity and carry
out other activities under its electricity license;
b)[57] (annulled)
c) Enter the electricity purchaser’s
premises to operate, maintain, repair or replace electrical equipment of the
electricity distribution unit;
d) Obtain necessary information
relating to electricity distribution;
dd) Request a competent authority
to make amendments to technical regulations[58], techno-economic standards and norms
in service of electricity distribution;
e) Other rights prescribed by law.
2. An electricity distribution unit
has the obligation to:
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b) Provide electricity distribution
services for electricity consumers, electricity retailers and electricity
wholesalers in compliance with technical standards, service quality and safety
standards under the agreement, except where the distribution grid is overloaded
as certified by the electricity regulatory agency;
c) Formulate a plan for investment
in distribution grid development and invest in the distribution grid
development to satisfy the electricity distribution demands under the
electricity development planning; invest in electricity meters and lines
transmitting electricity to meters for the electricity purchaser, unless
otherwise agreed with the electricity purchaser to safeguard interests of the parties
in compliance with regulations of law[59];
d) Execute the national target
program for demand side management;
dd) Follow operation methods,
command and control orders of the national load dispatch unit;
e) Report the readiness for
operation, reserve capacity of the electrical grid and electricity distribution
equipment, electricity demands in its operating area at the request of the
national load dispatch unit, electricity market transaction regulation unit,
electricity regulatory agency or competent authority;
g) Handle incidents;
h) Where human life and safety of
equipment are threatened, disconnect or reduce the electricity distribution if
no measure is taken;
i) Resume the electricity supply
within 2 hours after detecting the fault or receiving the electricity
purchaser’s notification; in case of failure to do so within the abovementioned
time limit, immediately notify the electricity purchaser of the cause and
estimated time of electricity supply resumption;
k) Other obligations prescribed by
law.
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1. The national load dispatch unit
has the right to:
a) Command and control electricity
generation units, electricity transmission units and electricity distribution
units to follow the national power system operation method.
b) Adjust the plan and method for
mobilizing capacity of power plants;
c) Command the handling of
emergency or unusual situations in the national power system; mobilize capacity
and electricity of power plants in the national power system; command the
operation of transmission and distribution grids; disconnect or reduce the
electricity supply in case the safe and reliable operation of the national
power system is threatened;
d) Request relevant electricity
utilities to provide information on technical specifications, readiness for
participation in operation and load carriage of equipment for electricity
generation, transmission and distribution; consumers’ electricity demands in
order to determine the method for operation of the national power system;
dd) Other rights prescribed by law.
2. The national load dispatch unit
has the obligation to:
a) Ensure safe, stable and
economical operation of the national power system;
b) Satisfy standards in national
power system frequency and voltage on the national transmission grid;
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d) Devise and follow the method for
national power system operation according to the plan and method for mobilizing
power of power plants and ancillary announced by the electricity market
transaction regulation unit;
dd) Notify the power, amount of
electricity and ancillary services mobilized so as for the electricity market
transaction regulation unit to prepare payment invoices;
e) Promptly report to the
electricity regulatory agency and notify the electricity market transaction
regulation unit of the emergency or unusual situations which seriously threaten
safe and reliable operation of the national power system;
g) Other obligations prescribed by
law.
Article 43. Rights and
obligations of electricity wholesalers
1. An electricity wholesaler has
the right to:
a) Selling electricity wholesale
and carry out other activities under its electricity license;
b) Directly purchase electricity
from electricity generation units under a fixed term agreement or under a spot agreement
on the electricity market;
c) Fix electricity wholesale price
within the electricity wholesale price bracket approved to compete to purchase
and sell electricity on the electricity market;
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dd) Enter the electricity
purchaser’s premises to check meters, and record their readings and contact consumers;
e) Obtain necessary information
relating to electricity wholesaling;
g) Other rights prescribed by law.
2. An electricity wholesaler has
the obligation to:
a) Sell
electricity according to the quantity, quality and prices agreed upon in the
agreement;
b) Abide by regulations on
electricity market of this Law and other relevant regulations of law;
c) Pay compensation when causing
damage to the electricity purchaser or electricity seller according to
regulations of law;
d) Provide necessary information
relating to the amount of electricity sold wholesale at the request of the
national load dispatch unit or competent authority;
dd) Other obligations prescribed by
law.
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1. An electricity retailer has the
right to:
a) Retail electricity under its
electricity license;
b) Compete to purchase and sell
electricity on the electricity market;
c)[60] Fix prices on the competitive retail
electricity market as prescribed in clause 1 Article 31 of this Law, except for
the case specified in clause 2 Article 62 of this Law;
d) Use electricity transmission and
distribution services appropriate to each level of the electricity market;
dd) Enter the electricity
purchaser’s premises to check meters and record their readings, and contact consumers;
e) Obtain necessary information
relating to electricity retail;
g) Other rights prescribed by law.
2. An electricity retailer has the
obligation to:
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b) Abide by regulations on
electricity market of this Law and other relevant regulations of law;
c) Formulate and submit to the
provincial People's Committee for approval of the domestic electricity retail
prices for rural areas, mountainous areas and islands where the electricity
production and supply under the market mechanism fail to offset the costs
incurred by the electricity retailer;
d) Openly post at its premises and
transaction the approved electricity price tariff; documents providing guidance
on the procedures for electricity supply, electricity metering, counting, recording
of meter readings, invoice preparation, electricity bill collection and termination
of electricity services; contents of the electricity license and technical standards
applicable to holders of the electricity license covering electricity retail;
documents specifying the time and necessary costs of supply of electricity to consumers
establishing connection to the power system; regulations on electricity supply disconnection
and reduction according to Article 27 of this Law;
dd) Provide electrical safety
instructions for electricity consumers;
e) Pay compensation when causing
damage to the electricity purchaser or electricity seller according to
regulations of law;
g) Provide necessary information
relating to the amount of retailed electricity at the request of the competent
authority;
h) Other obligations prescribed by
law.
Article 45. Rights and
obligations of electrical consulting service providers
1. An electrical consulting service
provider has the right to:
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b) Request a competent authority to
make amendments to technical regulations[61], techno-economic standards and norms
in service of electrical consulting;
c) Request relevant agencies to
provide necessary information in accordance with regulations of law in favor of
the provision of electrical consulting services;
d) Cooperate
with foreign organizations and individuals in electrical consulting;
dd) Other rights prescribed by law.
2. An electrical consulting service
provider has the obligation to:
b) Apply Vietnam’s technical
regulations[62],
techno-economic standards and norms in relation to electrical planning and
construction consulting. In case a foreign technical regulation[63] or foreign standard is applied, it
must be approved by a competent authority.
b) Apply advanced technologies and
calculation methods in order to formulate an electricity development planning
scheme, and files and documents on investment in construction of electrical
works according to the requirements for modernization in the field of
electricity generation, electricity transmission and electricity distribution, thereby
increasing the economic efficiency and ensuring safety and high reliability in
construction of electrical works;
c) Take responsibility for quality
of the products and services provided;
d) Other obligations prescribed by
law.
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1. An electricity consumer has the
right to:
a) Select the electricity seller in
the competitive retail electricity market;
b) Receive adequate amount of power
and electricity of the quality agreed upon in the agreement;
c) Request
the electricity seller to promptly resume the electricity supply after
blackouts;
d) Obtain information relating to
the sale of electricity and electrical safety instructions;
dd) Receive compensation for the
damage caused by the electricity seller according to regulations of law;
e) Request
the electricity seller to check quality of electricity services, accuracy of
electricity metering equipment and electricity bill payable;
g) Complain about and denounce
violations against regulations of law on electricity committed by the
electricity seller;
h) Other rights prescribed by law.
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a) Pay
fully and on schedule electricity bills and adhere to other agreements in the
PPA;
b) Use electricity in a safe,
economical and efficient manner; comply with regulations on demand side
management;
c) Promptly disconnect the electricity
supply or reduce the electricity consumption upon receipt of the electricity
seller’s notification in the cases prescribed in Article 27 of this Law;
d) Notify the electricity seller
five days in advance of their need to suspend the PPA or fifteen days in
advance of their need to terminate the PPA;
dd) Promptly notify the electricity
seller of the abnormalities that may cause a blackout or threaten safety of
people and property;
e) Prime the electricity seller to
check meters and record their readings, and make contact;
g) Ensure electrical equipment
satisfies technical standards and electrical safety requirements;
h) Pay compensation when causing
damage to the electricity seller according to regulations of law;
i) Take responsibility for
investing in transmission lines connecting meters to consumers;
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Article 47. Rights and
obligations of large electricity consumers
1. A large electricity consumer has
the right to:
a) The rights specified in clause 1
Article 46 of this Law;
b) Directly purchase electricity
from electricity generation units under a fixed term agreement or under a spot
agreement on the electricity market;
c) Establish direct connection to
the national transmission grid.
2. A large electricity consumer has
the obligation to:
a) The obligations specified in
clause 2 Article 46 of this Law;
b) Implement the regime for
electricity use at the request of the national load dispatch unit, measures to satisfy
the voltage standards and ensure electrical safety and other regulations agreed
upon in the PPA and electricity transmission agreement;
c) Ensure that electrical equipment
and connection equipment satisfy technical regulations and electrical safety
requirements for connection to the national transmission grid;
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Chapter VII
PROTECTION OF ELECTRICAL EQUIPMENT, ELECTRICAL WORKS
AND ELECTRICAL SAFETY
Article 48. Responsibility for
protection of electrical equipment, electrical works and electrical safety
1. Organizations and individuals
shall comply with regulations of law on protection of electrical equipment,
electrical works and electrical safety.
2. Organizations and individuals shall
promptly notify electricity utilities or competent authorities of electrical unsafety
and violations against regulations on protection of electrical equipment,
electrical works and electrical safety upon the detection thereof.
3. Ministries, ministerial
agencies, Governmental agencies and People's Committees at all levels shall
organize and direct the observance of regulations of law on protection of
electrical equipment, electrical works and electrical safety.
Article 49. Responsibility for
cooperation upon construction, renovation and termination of operation of electrical
works and other works [64]
1. If the construction, renovation
or expansion of public works or other works potentially affects the safety of
electrical equipment, electrical works and electrical safety, the investor must
cooperate with electricity utilities for actions.
2. If the repair, renovation,
construction and installation of electrical equipment and electrical works
potentially affect public works or other works, the electricity utility must
cooperate with organizations and individuals for actions.
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4. [65] When an electrical work is no longer
in operation, it must be handled and managed for safety as prescribed by the
Government.”
Article 50. High voltage
electrical grid safety corridors
1. A high voltage electrical
grid safety corridor is the delimited space along an electricity transmission
line or around an electrical substation and specified according to each voltage
level.
2. High voltage electrical grid
safety corridors include:
a) Safety corridors of overhead
transmission lines;
b) Safety corridors of underground
electric cables;
c) Safety corridors of transformer
substations;
3. The Government shall elaborate
on high voltage electrical grid safety corridors.
Article 51. Protection of safety
corridors of overhead transmission line
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2. Before granting an organization
or individual the license for construction, expansion or renovation of their
house or work within the overhead transmission line safety corridor, the
licensing authority must request the investor in such house or work to reach a
written agreement with the unit in charge of management of high voltage
electrical grids on the measures to assure the safety of the overhead
transmission lines and the safety during the construction, expansion,
renovation or use of such house or work.
3. Houses and works where people
regularly live or work are not permitted to exist within safety corridors of
overhead transmission lines of 500 kV or higher, except for specialized works
in service of operation of such electrical grid.
4. All activities which involve the
use of equipment, instruments or vehicles which may encroach upon the safety
distance of electrical discharge by voltage level are banned from being carried
out within safety corridors of overhead transmission lines. In case of
emergency for national defense and security reasons, it is required to reach an
agreement with the unit in charge of management of electrical grids on the necessary
safety assurance measures.
5. At the intersection between a
transmission line and a road or railway, the minimum height of the transmission
line at the lowest point of the line in the maximum deflection is 4.5 meters
plus the safety distance of electrical discharge by voltage level.
Where the highest point of the
means of transport is more than 4.5 meters in height, its owner must contact
the unit in charge of management of electrical grids means for adoption of
necessary safety measures.
6. At the intersections between a
transmission line and a railway reserved for electric trams, the minimum height
of the transmission line at the lowest point of the line in the maximum
deflection is 7.5 meters plus the safety distance of electrical discharge by
voltage level.
7. At the intersections between a
transmission line and inland waterway, the minimum height of the transmission
line at the lowest point of the line in the maximum deflection equals the
overhead clearance height according to technical class of the inland
waterway plus the safety distance of electrical discharge by voltage
level. The height of the waterway vehicle traveling through the intersections
between a transmission line and inland waterway must not exceed overhead
clearance height according to technical class of such inland waterway.
Safety distance of the overhead
transmission line intersecting with a sea waterway shall be specified in each
specific case.
8. If the activities carried out on
land or underground near or within the overhead transmission line safety corridor
potentially affect the normal operation of the transmission lines or threaten
to cause electrical incidents or accidents, the unit carrying out such
activities must agree with the unit in charge of management of electrical grids
about necessary safety assurance measures.
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1. It is forbidden to dig holes,
load goods, drive piles, plant trees, build houses and other works, anchor
vessels within safety corridors of underground electrical cables.
2. It is forbidden to discharge
water and substances causing corrosion on electrical cables and equipment into
safety corridors of underground electrical cables.
3. In case of discharging water and
other substances outside safety corridors of underground electrical cables
which may infiltrate, corrode and damage cables, the owners or managers/users
of houses and works from which such water or substances are discharged shall treat
them so as not to affect the cables.
4. When constructing works on land
or dredging river and lake beds within safety corridors of underground
electrical cables, the construction unit must notify the unit in charge of
management of electrical grids at least ten days in advance and apply measures
to assure the safety of underground electric cables.
Article 53. Assurance of safety
of electrical substations
1. It is not permitted to build
houses and works or plant trees with a height of more than 2 meters within
safety corridors of electrical substations; not permitted to encroach upon entrances
to electrical substations.
2. Houses and works built near
safety corridors of electrical substations must not damage any part of the
stations.
Article 54. Safety in
electricity generation
1. [66] Power
plants and power stations must be strictly protected and surrounded by
protection walls, electric safety and fire signs; unauthorized persons are not permitted
to enter power plants and power stations.
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2. Electrical equipment
rooms must be safely protected against fire and explosion; have danger signs,
exit signs, adequate lighting system, air cooling system and air ventilation
louvers must be net-protected to prevent the entry of animals and minimize adverse
impacts on environment.
3. Depending on technical
specifications and protection requirements specific to each type of electrical
equipment, it is required to put up protection nets, partitions and safety
signs; the safety distance from the protection nets or partitions to the live
parts of equipment must not be shorter than the prescribed distance and
measures must be taken to minimize adverse environmental impacts on operation
of electrical equipment.
4. In areas where
inflammable substances exist, the power system must be designed and installed
according regulations on fire and explosion prevention and fighting; only
specialized equipment and tools for fire and explosion preventing and fighting
shall be used.
5. An electrical cable system in a
power plant or power station must comply with the following safety regulations:
a) Electrical cables must be
arranged by their type, technical specifications and voltage level and placed
on shelves. Electric cables running through areas affected by high temperature
must be heat-insulated and placed in protection tubes;
b) Cable tunnels and ditches must
be tightly covered with lids, well drained, kept clean and dry. It is not
permitted to let water, oil, chemicals and sundries be accumulated in cable
tunnels and ditches. Cable tunnels must have walls intended for preventing
rapid spread of fires; be equipped with automatic fire alarm system and
lighting system using safe voltage in conformity with technical regulations[67] and technical
standards on electrical safety.
6. Lightning protection and
earthing equipment and systems in power plants, power stations and distribution
substations must be installed according to their design, tested, commissioned
and periodically inspected according to technical regulations[68], and technical standards on electrical
safety.
Article 55. Safety in
electricity transmission and distribution
1. Owners of electrical grids
shall:
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b) Paint and place signal lights on
tops of poles with a special height and in special positions in order to safely
protect high-voltage electrical grids.
2. At the intersections between
overhead high-voltage transmission lines, underground electrical cables and
railways, land and inland waterways, the placement and management of signs and
“no overtaking” signs for means of transport shall comply with the regulations imposed
by the Ministry of Transport. Investors in the subsequently built works must
bear the costs of placement of such signs.
3. When transferring the electrical
grid, the investor in such electrical grid must transfer the unit in charge of
electrical grid operation all technical documentation, commissioning records,
decision on land allocation or land lease and documents relating to
compensation and land clearance according to regulations of law.
4. The unit in charge of operation
of electrical grids must periodically organize the inspection, technical
maintenance and overhaul of electrical grids, ensuring that the system operates
safely according to; conduct regular checks, detect and prevent violations
against regulations on electrical safety and assurance of safety of high
voltage electrical grids and cooperate in implementation of technical solutions
and optimal operation in order to reduce power loss in the course of
electricity transmission.
5. When repairing or maintaining an
electrical grid, the unit in charge of operation of electrical grids and unit in
charge of repair or maintenance must fully and strictly follow procedures for
implementing safety measures in accordance with technical regulations[69] on electrical safety.
6. The high voltage transmission
line sections running over the houses and/or works where people permanently
live or work must be supported with steel or concrete poles, and conductors
must not have joints in a pole span, except for the conductors with a
cross-section of at least 240 mm2 which may have a joint for one
phase and must meet other standards on assurance of safety of high-voltage
electrical grids. The unit in charge of operation of electrical grids must not overload
such transmission lines.
7. Electrical cables running
underground or lying in the structure of other works or running together with
communications lines must maintain a safety distance prescribed by technical
regulations[70] on
electrical equipment and other relevant regulations of law.
8. Lightning protection and
earthing equipment and systems of transmission and distributions grids must be
installed according to their design, tested, commissioned and periodically
inspected according to technical regulations[71], and technical standards on electrical
safety.
Article 56. Safety in connection
to national power system
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2. Independent electrical grids which
satisfy conditions and technical standards prescribed by the Ministry of
Industry and Trade[73]
are entitled to connect their own power systems to the national power system.
Article 57. Safety in use of
electricity for production
1. Organizations and individuals
using electricity for production must comply with regulations on electrical
safety, technical regulations[74]
and technical standards on electrical safety in conformity with Vietnam
standards.
2. Electrical equipment, electrical
systems, lightning protection and earthing equipment and systems must be
installed according to their design, tested, commissioned and periodically and
extraordinarily inspected according to technical regulations[75], and technical standards on electrical
safety. The diagrams of these systems must reflect their actual status and
archived together with inspection records throughout their operation.
3. Internal electrical substations,
high voltage equipment and high voltage transmission lines must be installed
and managed according to technical regulations[76], and technical standards on electrical
safety.
4. Electrical equipment must
conform to “Vietnam standard - Low-voltage electrical equipment - General requirements
for prevention of electric shock” and “Vietnam standard - Code of Practice of
ground conection and “O” conection of electrical equipment” to prevent electric
shocks.
5. Transmission lines and
conductors must be designed and installed to ensure clear and airy production
premises, thus avoiding mechanical or chemical impacts which may cause
breakdowns. Metal structures of factories, machinery and metal tubes must
not be used as “neutral conductors”, except for special cases where separate
designs approved by a competent authority are required.
6. The power system in areas where
inflammable substances exist must be designed, installed and used as prescribed
in clause 4 Article 54 of this Law.
7. Electrical equipment used for
minerals exploitation, in electric instruments, mobile electrical equipment,
welding machine, electrolysis and electroplating must conform to related
technical regulations[77]
and technical standards on safety.
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1. The total power of electrical
equipment used in offices, for domestic purposes and service provision must
conform to the design power; the cross-sections and insulation of conductors
must conform to technical standards.
2. Heat-generating electrical
equipment must not be placed near inflammable items.
3. Electrical equipment must be
checked and maintained according to regulations, satisfy electrical safety
technical standards and not cause danger to users.
4. Electricity users shall inspect
safety of their respective power systems, promptly detect and prevent the risk
of electrical incidents or accidents.
5. Low-voltage electrical grids
shall be built only after their designs are approved.
6. Transmission line branches
conducting electricity to houses ad works must satisfy electrical safety
conditions, ensure aesthetic appearance and not hinder means of transports,
ambulances and fire engines.
7. In three-phase four-wire
circuits, circuit breakers, knife-switches, fuses and other switchgears must
not be connected to neutral conductors.
8. In one-phase two-wire circuits, fuses
and switches must be connected to phase wires but not be connected to neutral
conductors. It is recommended that circuit breakers and double-pole knife
switches be installed so as to simultaneously switch on/off two wires.
Article 59. Using electricity as
direct means of protection
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2. Electricity shall be used as a direct
means of protection only when other protection measures have been applied
inefficiently, and such must be permitted by a competent authority.
3. Electric fences must be designed
and installed so as to avoid all accidental contacts with people and cattle,
not to affect the operation of the power system and not to cause danger to vicinity
and living environment. Danger signs are required to be erected. Electric fence
managers and users must be provided with professional training in electricity.
4. The Minister of Public Security
and the Minister of Defense shall, within their jurisdiction, prescribe areas
where electric fences are permitted for erection.
5. The Minister of Industry and
Trade shall prescribe standards and conditions for using electricity as direct
means of protection.
Article 59a. Handling of
electrical incidents [79]
1. In case an electrical incident
occurs, the electric utilities shall, within their jurisdiction, handle it as
prescribed by law.
2. In case of catastrophic
electrical failure, the declaration of state of emergency and application of
response measures must comply with regulations of law on state of emergency.
Chapter VIII
ELECTRICITY IN SERVICE OF RURAL AREAS, MOUNTAINOUS
AREAS, BORDER AREAS [80] AND ON ISLANDS
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1. Attract all resources for
investment in construction of electricity infrastructures, accelerate the process
of electrification in rural areas, mountainous areas[82], border areas and on islands.
2. Prime the people in remote and
isolated areas, ethnic minority areas and extremely disadvantaged areas to use
electricity for production and activities of daily living.
3. Organizations and individuals in
all economic sectors involved in electricity generation, distribution and
trading in rural areas, mountainous areas, border areas[83] and on islands which are disadvantaged
and extremely disadvantaged are entitled to investment and financial incentives
and other incentives under regulations of law on investment promotion.
4. Organizations and individuals
are encouraged to invest in construction of electrical grids or power stations
using local energy, new energy and renewable energy to supply electricity to rural
areas, mountainous areas, border areas[84] and islands.
5. Prioritize the adequate and
timely supply of electricity to water pumping stations in service of irrigation
and prevention of waterlogging and drought.
Article 61. Investment in
development of electricity in rural areas, mountainous areas, border areas[85], and on
islands
1. The State shall adopt policies
to assist electric utilities operating in areas where electricity investment
and electricity-activities bring no economic efficiency.
2. The State shall adopt policies
to provide assistance in investment in transmission lines connecting meters to
consumers for disadvantaged households entitled to social policies certified by
local People's Committees.
3. The State's assistance policies
consist of:
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b) Assistance in investment loan
interest rates;
c) Tax incentives.
The Ministry of Finance shall
preside over and cooperate with the Ministry of Industry and Trade in providing
guidelines for implementation of assistance policies.
4. People's Committees at all
levels shall have to prime organizations and individuals to invest in building,
renovating or upgrading electrical grids in rural areas, mountainous areas,
border areas[87],
and on islands.
Article 62. Electricity prices
in rural areas, mountainous areas, border areas[88], and on islands
1. Electricity prices in rural
areas, mountainous areas, border areas, and on islands which are connected to
the national power grid shall comply with the regulations laid down in Article
31 of this Law.
2. Electricity prices in rural
areas, mountainous areas, border areas, and on islands which have yet to be
connected to the national power grid shall comply with the following
regulations:
a) Retail
prices of electricity for domestic purpose shall be set by relevant electricity
utilities and decided by the provincial People’s Committees in conformity with
the mechanism for assistance in domestic electricity retail prices within their
provinces which is decided by the Prime Minister;
b) Other
electricity prices shall be set by relevant electric utilities and decided by
provincial People's Committees in a manner that fully covers costs and
generates reasonable profits for the electric utilities by conferring the
electric utilities.
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1. The deadline for payment of
bills for electricity used by hydraulic structure operating enterprises for
irrigation and water drainage for rice, vegetables, subsidiary food crops,
industrial plants intercropped with rice, vegetables or subsidiary food plants
shall be agreed upon by electricity purchasers and sellers but shall not exceed
one hundred and twenty days from the date of receiving the electricity bills.
2. The State shall provide funding
for payment of the excess bills for electricity used for waterlogging and
drought prevention according to regulations of law on operation and protection
of hydraulic structures.
3. The Ministry of Finance shall
preside over and cooperate with the Ministry of Agriculture and Rural
Development in providing guidelines for implementing the regulations set out in
this Article.
Article 64. Electrical safety in
rural areas, mountainous areas, border areas[89], and on islands
1. Organizations and individuals
conducting electricity-related activities and/or using electricity in rural
areas, mountainous areas, border areas[90], and on islands shall strictly comply with
technical regulations[91]
and technical standards on electrical safety.
2. Any person carrying out
electrical operation and repair in rural areas, mountainous areas, border areas[92], and on islands
shall satisfy the following standards:
a) He/she is aged 18 or older;
b) He/is has been certified fit for
work by a health facility;
c) He/she has a certificate or
diploma in electrical engineering conferred by a vocational training school;
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3. Only electricity utilities
operating electrical grids may organize the repair and installation of
electrical equipment and electricity supply systems in areas under their
respective management.
4. The Ministry of Industry and
Trade[93] shall
prescribe technical standards on electrical safety, issue electrical safety
cards and provide guidance on electrical safety measures in rural areas,
mountainous areas, border areas[94],
and on islands.
Chapter IX
STATE MANAGEMENT OF ELECTRICITY-RELATED ACTIVITIES AND
ELECTRICITY USE
Article 65. Responsibility for
state management of electricity-related activities and electricity use
1. The Government shall perform
uniform management of electricity-related activities and electricity use
nationwide.
2. The Ministry of Industry and
Trade[95] shall be
responsible to the Government for state management of electricity-related
activities and electricity use.
3. Ministries and ministerial
agencies shall, within their jurisdiction, cooperate with the Ministry of
Industry and Trade[96]
in performing state management of electricity-related activities and
electricity use.
4. People’s Committees at all
levels shall, within their jurisdiction, perform state management of
electricity-related activities and electricity use in their provinces.
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1. Regulation of
electricity-related activities shall include:
a) Formulating regulations on
operation of competitive electricity market and providing guidelines for
implementation thereof;
b) Considering and proposing
solutions for adjusting electricity demand and supply and managing the process
of electricity demand and supply balance;
c) Issuing, modifying and revoking electricity
licenses as prescribed in clauses 1 and 3 Article 38 of this Law;
d) Providing guidance on conditions
and procedures for electricity supply suspension and disconnection, electricity
consumption reduction, conditions and procedures for connection to the national
power system;
dd)[97] Establishing the average electricity
retail price bracket, price adjustment mechanism and electricity retail tariff;
organizing implementation of electricity price mechanisms and policies;
e)[98] (annulled)
g)[99] Prescribing the brackets of
electricity generation prices, electricity wholesale prices, electricity
transmission prices, prices of ancillary services for the power system, fees
for operating and regulating the power system and fees for regulating
electricity market transactions.
h) Monitoring the implementation of
plans and projects on investment in development of electricity sources, transmission
grids and distribution grids in order to ensure the development conforms to the
approved electricity development planning;
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k)[100] Inspecting and supervising the
adjustment and application of electricity prices;
l) Settling complaints and disputes
on the electricity market;
m)[101] Inspecting fixed-term PPAs between
electricity generation units and electricity purchasers and fixed-term
wholesale power agreements as prescribed by the Government;
n)[102] Inspecting and imposing
penalties for violations against regulations on electricity as prescribed by
law.
2. [103] The Prime Minister shall elaborate on
organizational structure, functions, tasks and powers of the electricity
regulatory agency.
Article 67. Electricity
inspectorate [104]
Electricity inspectorate shall
comply with regulations of law on inspection.
Chapter X
IMPLEMENTATION CLAUSE [105]
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1. Validity period of the written contracts
or written agreements related to electricity-related activities which have
existed before the effective date of this Law remains unchanged.
2. After the effective date of this
Law, the amendments to the contracts or agreements prescribed in clause 1 of
this Article must made in compliance with the regulations enshrined in this
Law.
3. The Government shall prescribe
the conditions and time so as for organizations and individuals conducting
electricity-related activities to adjust their organizational structures and
activities in accordance with regulations of this Law.
Article 69. Effect
This Law comes into force from July
01, 2005.
Article 70. Guidelines for
implementation
The Government shall elaborate and
provide guidelines for implementation of this Law./.
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CHAIRMAN
Bui Van Cuong
[1] Preludes
to the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity:
“Pursuant to the 1992
Constitution of the Socialist Republic of Vietnam amended under the Resolution
No. 51/2001/QH10;
The National Assembly hereby
promulgates the Law on Amendments to some Articles of the Law on Electricity
No. 28/2004/QH11.”.
Preludes to the Law No.
28/2018/QH14 on amendments to some Articles concerning planning of 11 laws:
“Pursuant to the Constitution
of the Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on amendments to some Articles concerning planning of the
Law on Food Safety No. 55/2010/QH12, Law on Notarization No. 53/2014/QH13, Law
on Pharmacy No. 105/2016/QH13, Law on Investment No. 67/2014/QH13, Law on
Public Investment No. 49/2014/QH13, Law on Electricity No. 28/2004/QH11 whose
articles are amended by the Law No. 24/2012/QH13, Law on Chemicals No. 06/2007/QH12,
Law on Science and Technology No. 29/2013/QH13, Law on Tobacco Control No.
09/2012/QH13, Law on Economical and Efficient Use Of Energy No. 50/2010/QH12
and Law on Children No. 102/2016/QH13.
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“Pursuant to the Constitution
of the Socialist Republic of Vietnam;
The National Assembly hereby
promulgates the Law on amendments to certain articles of the Law on Public Investment
No. 39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and the Law No.
72/2020/QH14; the Law on Public-Private Partnership Investment No.
64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the
Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by
the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the
Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by
the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14
and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11,
which is amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law
on Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No. 27/2008/QH12,
which is amended by the Law No. 70/2014/QH13, Law No. 71/2014/QH13 and the Law
No. 106/2016/QH13; the Law on Civil Judgment Enforcement No. 26/2008/QH12,
which is amended by the Law No. 64/2014/QH13, Law No. 23/2018/QH14 and the Law
No. 67/2020/QH14.
[2] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013.
[3] The
phrase “quy phạm kỹ thuật” (“Technical Code of Practice”) is replaced with the
phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point dd
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013.
[4] This
clause is added by clause 1 Article 1 of the Law No. 24/2012/QH13 on Amendments
to some Articles of the Law on Electricity, which has been effective since July
01, 2013.
[5] This
clause is added by clause 1 Article 1 of the Law No. 24/2012/QH13 on Amendments
to some Articles of the Law on Electricity, which has been effective since July
01, 2013.
[6] This
clause is added by clause 2 Article 1 of the Law No. 24/2012/QH13 on Amendments
to some Articles of the Law on Electricity, which has been effective since July
01, 2013.
[7] This
clause is amended by clause 1 Article 6 of the Law No. 03/2022/QH15 dated
January 11, 2022 of the National Assembly 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 Housing, 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, which has been effective since March 01,
2022.
[8] This
clause is added by clause 1 Article 6 of the Law No. 03/2022/QH15 dated January
11, 2022 of the National Assembly 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 Housing, 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, which has been effective since March 01,
2022.
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[10] This
clause is amended by clause 2 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[11] This
Article is amended by clause 1 Article 6 of the Law No. 28/2018/QH14 on
Amendments to some Articles concerning planning of 11 Laws, which has been
effective since January 01, 2019
[12] This
Article is added by clause 4 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013 as follows:
“Article 8a. Contents
of electricity development planning
1. The national electricity
development planning contains the following main contents:
a) Overview on socio-economic
development and national energy system during the planning period;
b) Forecasted electricity
demand;
c) Assessment of sources of
primary energy, capacity for exploitation, capacity for import and export of
energy; assessment of capacity of electricity exchange among areas; forecast of
fuel prices for electricity production;
d) National power development program including detailed programs
for development of electricity sources, development of electrical grids,
connection of electrical grids with countries in the region, development of
rural electricity, and development of sources of new energy, renewable energy
and other relevant contents;
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e) Environmental protection and
natural disaster management;
g) Expected area of land for
electrical works;
h) Mechanisms, policies and solutions for execution of the
national power development program during the planning period.
2. The electricity development
planning of provinces and central-affiliated cities contains the following main
contents:
a) Planning, orientations and
objectives for socio-economic development of provinces and central-affiliated
cities during the planning period;
b) Forecasted electricity demand of rural districts, urban
districts, district-level towns and provincial-affiliated cities during the
planning period;
c) Assessment of potential for development of electricity
sources within provinces, including sources of electricity using new energy and
renewable energy; capacity for electricity exchange with their vicinity;
d) Assessment of the current
supply of electricity within provinces, especially extremely disadvantaged
areas;
dd) Programs for development of
electricity sources and electrical grids of provinces and central-affiliated
cities for the planning periods; design of detailed diagrams for development of
electrical grids for rural districts, urban districts, district-level towns and
provincial-affiliated cities;
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g) Total volume of construction
and investment capital for the selected national power development planning
scheme, economic - financial analysis of the selected project;
h) Expected area of land for
electrical works;
i) Mechanisms, policies and
solutions for implementation of power development planning of provinces and
central-affiliated cities during planning period.”
This Article is annulled by clause
4 Article 8 of the Law No. 28/2018/QH14 on Amendments to some Articles
concerning planning of 11 Laws, which has been effective since January 01,
2019.
[13] This
Article is amended by clause 2 Article 6 of the Law No. 28/2018/QH14 on
Amendments to some Articles concerning planning of 11 Laws, which has been
effective since January 01, 2019
[14] This
Article is amended by clause 3 Article 6 of the Law No. 28/2018/QH14 on
Amendments to some Articles concerning planning of 11 Laws, which has been
effective since January 01, 2019
[15] This
clause is amended by clause 6 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[16] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[17] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ
Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause
1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law
on Electricity, which has been effective since July 01, 2013;
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[19] This
point is amended by clause 7 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[20] The
word “minh bạch” (“transparency”) is added by clause 3 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[21] The
word “thứ tự” (“order”) is annulled by clause 2 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[22] This
clause is amended by clause 8 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[23] The
phrase “phí dịch vụ phụ trợ” (“fees for ancillary services”) is replaced with
the phrase “giá dịch vụ phụ trợ” (“prices of ancillary services”) as prescribed
in point b clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
[24] The
phrase “các loại phí dịch vụ” (“types of fees for ancillary services”) is
replaced with the phrase “giá dịch vụ phụ trợ” (“prices of ancillary services”)
as prescribed in point b clause 1 Article 2 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[25] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[26] This
clause is amended by clause 9 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[27] The
phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp
luật” (“safeguard their interests in compliance with regulations of law”) is
added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
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[29] The
phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp
luật” (“safeguard their interests in compliance with regulations of law”) is
added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
[30] Title
of this Article is amended by clause 11 Article 1 of the Law No. 24/2012/QH13
on Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[31] This
clause is amended by clause 11 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[32] This
clause is amended by clause 11 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[33] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[34] This
point is amended by clause 12 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[35] This
clause is added by clause 13 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[36] This
clause is amended by clause 13 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[37] This
clause is amended by clause 13 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
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[39] This
clause is amended by clause 15 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[40] This
clause is amended by clause 15 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[41] This
clause is amended by clause 15 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[42] This
clause is amended by clause 16 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[43] This
clause is amended by clause 16 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[44] This
clause is added by clause 16 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[45] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[46] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[47] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
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[49] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[50] This
point is amended by clause 17 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[51] The
phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp
luật” (“safeguard their interests in compliance with regulations of law”) is
added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
[52] The
phrase “phí truyền tải Điện” (“electricity transmission fees”) is replaced with
the phrase “giá truyền tải Điện” (“electricity transmission prices”) as prescribed
in point c clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
[53] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[54] This
point is added by point a clause 2 Article 6 of the Law No. 03/2022/QH15 dated
January 11, 2022 of the National Assembly 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 Housing, 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, which has been effective since March 01,
2022.
[55] The
phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp
luật” (“safeguard their interests in compliance with regulations of law”) is
added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
[56] This
point is added by point b clause 2 Article 6 of the Law No. 03/2022/QH15 dated
January 11, 2022 of the National Assembly 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 Housing, 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, which has been effective since March 01,
2022.
[57] This
point is annulled by clause 2 Article 2 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
...
...
...
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[59] The
phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp
luật” (“safeguard their interests in compliance with regulations of law”) is
added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some
Articles of the Law on Electricity, which has been effective since July 01,
2013.
[60] This
point is amended by clause 18 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[61] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[62] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[63] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[64] Title
of this Article is amended by clause 19 Article 1 of the Law No. 24/2012/QH13
on Amendments to some Articles of the Law on Electricity, which has been
effective since July 01, 2013.
[65] This
clause is added by clause 19 Article 1 of the Law No. 24/2012/QH13 on Amendments
to some Articles of the Law on Electricity, which has been effective since July
01, 2013.
[66] This
clause is amended by clause 20 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[67] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
...
...
...
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[69] The
phrase “quy phạm kỹ thuật” (“Technical Code of practice”) is replaced with the
phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point dd
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013.
[70] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[71] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[72] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[73] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[74] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[75] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[76] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[77] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
...
...
...
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[79] This
Article is added by clause 21 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013 as follows:
[80] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[81] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[82] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[83] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[84] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[85] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[86] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[87] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
...
...
...
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[89] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[90] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[91] The
phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn
kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2
of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013.
[92] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[93] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[94] The
word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No.
24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which
has been effective since July 01, 2013.
[95] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[96] The
phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase
“Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e
clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles
of the Law on Electricity, which has been effective since July 01, 2013;
[97] This
point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
...
...
...
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[99] This
point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[100] This
point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[101] This
point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[102] This
point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[103] This
clause is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013.
[104] This
Article is amended by clause 24 Article 1 of the Law No. 24/2012/QH13 on
Amendments to some Articles of the Law on Electricity, which has been effective
since July 01, 2013 as follows:
[105] Article
3 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on
Electricity, which has been effective since July 01, 2013, stipulates that:
“Article 3
1. This Law comes into force
from July 01, 2013.
...
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Article 12 of the Law No.
28/2018/QH14 on Amendments to some Articles concerning planning of 11 Laws,
which has been effective since January 01, 2019, stipulates that:
“Article 12. Effect
This Law comes into force from
January 01, 2019.”.
Article 10 of the
Law No. 03/2022/QH15 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 Housing, 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, which has been effective since March 01, 2022, stipulates
that:
“Article
10. Effect
This Law comes into force from
January 01, 2022.”.