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THE MINISTRY
OF INDUSTRY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom Happiness
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No.:
32/2006/QD-BCN
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Hanoi,
September 06, 2006
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DECISION
ON ISSUANCE OF THE REGULATIONS ON CONDITIONS, ORDER
AND PROCEDURES FOR GRANTING, AMENDING, SUPPLEMENTING, WITHDRAWAL AND MANAGEMENT
USAGE OF ELECTRICITY OPERATION LICENSE
THE MINISTER OF INDUSTRY
Pursuant to
Decree No. 55/2003/ND-CP on May 28, 2003 by the Government regulating functions,
tasks, powers and organizational structure of the Ministry of Industry;
Pursuant to the Electricity Law of December 3, 2004;
Pursuant to Decree No. 105/2005/ND-CP of August 17, 2005 by the Government
detailing and guiding the implementation of some articles of the Electricity
Law;
Pursuant to Decision No. 258/2005/QD-TTg of October 19, 2005 by the Prime
Minister on establishing and regulating functions, tasks, powers and
organizational structure of the Department of Electricity Regulation under Ministry
of Industry;
At the request of the Director of Department of Electricity Regulation,
DECIDES:
Article 1. To issue together with this Decision the Regulation on
conditions, order and procedures for granting, amending, supplementing,
withdrawal and management usage of the electricity activity license.
Article 2. This Decision takes
effect 15 days from the date of its publication in the official gazette and
replaces the Decision No. 27/2002/QD-BCN of June 18, 2002 by the Minister of
Industry on promulgating regulations on the conditions, order and procedures
for granting the electricity activity permit.
Article 3. Chief of Office of the Ministry, Chief Inspector of the
Ministry, the Director Generals under the Ministry, the People's Committees of
provinces and centrally-affiliated cities, and other organizations or
individuals engaged in electricity activities shall take responsibility for
implementing this Decision./.
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THE
MINISTER
Hoang Trung Hai
PROVISIONS
CONDITIONS, ORDERS AND PROCEDURES FOR GRANT,
AMENDMENT, SUPPLEMENTATION, WITHDRAWAL AND MANAGEMENT OF THE USE OF THE
ELECTRICITY ACTIVITY PERMIT
(Issued together with the Decision No.: 32/2006/QD-BCN of September 6, 2006
of the Minister of Industry)
Chapter 1:
GENERAL
PROVISIONS
Article 1. Scope and subjects of application
1. This Regulation prescribes the conditions, orders and procedures for
issuance, amendment, supplementation, withdrawal and management of the use of
the electricity activity permit.
2. This regulation applies to the following electricity activities:
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b) Consultancy on investment in electrical construction field;
c) Consultancy on supervision of construction of electricity works;
d) Electricity generation;
e) Electricity transmission;
e) Electricity distribution;
g) Electricity wholesale;
h) Electricity retail;
i) Electricity export and import.
Article 2. Cases of exemption of the permit for electricity
activities
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1. Consultancy on appraisal and criticism of investment projects for
electricity construction;
2. Generating electricity for self-use without selling the electricity
to other organizations or individuals;
3. The electricity is generated with installation capacity below 50 kW
for sale to other organizations or individuals;
4. Electricity business in rural, mountainous and island areas to buy
electricity from the electricity network distributed with a total capacity of
transformers being less than 50 kVA to sell electricity directly to customers
who use electricity in rural, mountainous, island area;
5. Dispatch of the national electricity system and operating the
electricity market transactions;
6. Construction and installation of electricity works.
Article 3. Principles for granting the
electricity activity permit
1. Each organization or individual is granted a permit to carry one or
more of the electricity activity sectors.
2. Organizations or individuals granted the electricity activity permit
must maintain the registered conditions for licensed areas during operations.
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Article 4. Content for the permit for
electricity activities
1. Content for the permit for electricity activities specified in
Article 35 of the Electricity Law and Article 22 of the Decree No.
105/2005/ND-CP of August 17, 2005 by the Government detailing and guiding the
implementation of some articles of the Electricity Law, shall be printed on the
permit for electricity activities.
2. The appendices attached to the permit over conditions, detailed
scope, rights and obligations of organizations or individuals that was licensed
or managed the use of the permit.
Article 5. Scope of use of electricity activity
permit
1. The permit for electricity activities in the fields of electricity
planning advice, consultancy on investment in electrical construction,
consultancy and supervision of the construction of electricity works with usage
value throughout the country.
2. The permit for electricity activities in the field of electricity
generation is granted to units generating electricity that have electricity
generating project invested in line with the approved electricity planning.
3. The permit for electricity activities in the field of electricity
transmission is granted to electricity units operating the electricity
transmission with scope of management and operation of specific transmitted
electricity network.
4. The permit for electricity activities in the field of electrical
distribution, import and export of electricity is granted to the electricity
units that operate electricity distribution, import and export of electricity
with specific geographic area of the electricity.
5. The permit for electricity activities in the field of electricity
wholesale and electricity retail is granted to each unit of electricity
wholesale and electricity retail in a specific geographic area.
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1. Organizations or individuals licensed to carry out electricity
activities shall pay licensing fees and other related charges in accordance
with the laws.
2. Licensing agencies are allowed to use fees from granting the permit
and other related charges for the evaluation, management of use of the permit,
inspection and handling violations of the permit. The collection/payment and
use of the fees from granting the electricity activity permit and other related
fees as prescribed by law.
Chapter 2:
CONDITIONS FOR
GRANTING ELECTRICITY ACTIVITY PERMIT
Article 7. General conditions
Organizations or individuals requesting for the permit for electricity
activities must meet the following general conditions:
1. As organizations or individuals with business registration,
established and operating under the provisions of the laws, including:
a) As an enterprise of all economic sectors is established and
operating under the provisions of the laws;
b) As a cooperative is established and operating under the Cooperative
Law;
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d) Other institutions which are established under the provisions of the
laws.
2. Having a valid dossier for the granting of, amendment or supplementation
to the electricity activity permit.
3. Having the financial capacity to carry out the electricity activity
sectors that was proposed the permit.
Article 8. Electricity planning consultancy
Electricity planning consultancy includes: the planning for national
electric power development, the planning for electricity development of
provinces and centrally-affiliated cities and the planning for electricity
development at district, town and provincial cities (hereinafter referred to as
the planning for local electricity development) hydro-electric terrace planning
of rivers.
The organization registering for electricity planning consultancy, in
addition to the conditions stipulated in Article 7 of this Regulation, shall
satisfy the following conditions:
1. For planning consultancy on national electricity development:
a) Being specialized consultancy organization with professional
capabilities of planning forms of primary energy, of demand forecasting, of
research and analysis of consumption market, calculating and analyzing optimal
planning of electricity system, technical analysis of electricity system
operation, economic finance for the project;
b) Having consultants with experience on types of power plants,
electrical systems, economic - finance and environment. Consultants shall lead
the main professional fields of consultancy organizations must have a
university degree or higher, have at least five year of experience working in
the field of planning consultancy and has chaired or participated as a main partner
in making at least one the planning for development of national electricity.
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- Experts who predict the electricity load demand: At least 05 experts
graduating from university specialized in electricity or energy economic;
- Experts who calculate and analyze the optimal electricity network and
resource development: At least 08 experts who have graduated from university
specialized in electricity or energy economic;
- Experts in economics- finance and investment: At least 05 experts
have bachelor degree in financial economics or energy economics;
- Expert in technology and environment: At least 02 experts graduating
from universities specialized in thermal power, hydropower and mechanical.
c) Having equipment, technical means, applied software necessary to
meet the requirements of the planning for the development of national
electricity.
2. For consultancy on planning local electricity development:
a) Being a specialized consultancy organizations, having professional
capabilities of electricity network development planning, researching and
forecasting of load, calculating and analyzing the optimal electricity
transmission and distribution, analysis of economic - finance of the project;
b) Having consultants with experience in load prediction, structure and
operation mode of electricity network, analysis of economic - finance of the
project. Consultants taking charge of major professional domains must have
university diploma or higher, have experience at least five years working in
the field of planning consultancy and has chaired or participated as a main
partner in at least one planning for development of local electricity;
c) Requirements for the number of main consultants for the field of
electricity development planning of provinces and centrally-affiliated cities
as follows:
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- Experts who calculate and analyze the optimal electricity system and
technology: At least 05 experts graduating from university specialized in
electricity or energy economic;
- Experts in economic - finance and investment: At least 02 experts
with bachelor degrees in financial economics or energy economics.
d) Requirement for the number of main consultants for the field of
electricity development planning of districts, towns and provincial cities as
follows:
- Experts who predict the electricity load demand: At least 01 expert
graduating from university specialized in electricity or energy economic;
- Experts who calculate and analyze the optimal electricity network: At
least 03 experts graduating from university specialized in electricity or
energy economic;
- Experts in economic - finance and investment: At least 01 expert
having bachelor degrees in financial economic or energy economic;
e) Having equipment, technical means, applied software necessary to
meet the requirements of the planning for the development of local electricity.
3. For advice hydro-electric terrace planning of rivers:
a) Being a specialized consultancy organization, having expertise in
hydroelectricity, hydrology, hydrodynamics, works geology, hydro-electric
construction and other fields related to the hydropower terrace planning;
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Specific requirement for the number of main consultants is divided by
the professional field as follows:
- Expert in hydrodynamics, hydrology: At least 02 experts;
- Experts in energy economics: At least 02 experts;
- Experts in hydraulic power, hydroelectricity: At least 03 experts;
- Experts in geology and geotechnical: At least 02 experts;
- Experts in structure: At least 01 expert;
- Experts in organizing the construction: At least 01 expert.
c) Having equipment, technical means, applied software necessary for
setting up hydro-electric terrace planning.
Article 9. Consultancy on
investment in electrical construction
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1. For hydropower works:
a) Being a specialized consultancy organization, having professional
capabilities in technology and engineering of hydro power plants, technical
analysis, economic - finance for the project, environmental impact assessment;
b) Having consultants with experience in the field of hydroelectricity
equipment, electrical equipment, water treatment, automatic control,
hydroelectricity, hydrology, hydrodynamics, engineering geology, hydropower
construction and other sectors related to the types of hydropower plants.
Experts taking charge of major professional domains must have university
diploma or higher, have working experience at least five years in the field of
consultancy and have experience in leading or participated as a major partner
in designing at least one hydropower plant project in the field of consultancy;
c) Having equipment, technical means, applied software necessary for
consultancy on investment in the construction of hydropower plant works;
d) The capacity of the consultancy organizations for investment in
construction hydropower plants are classified into five categories according
the scale of installation capacity of hydropower plants as follows:
- Grade 1: Without limiting the scale of the installation capacity;
- Grade 2: Scale of installation capacity to 300 MW;
- Grade 3: Scale of installation capacity to 100MW;
- Grade 4: Scale of installation capacity to 30MW;
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e) Requirements for the competence of the consultancy organization
operating under the class of hydropower works as follows:
- Grade 1: At least 25 major consultants in the specialties: hydraulic
power, technology hydraulic, hydrodynamics, hydrology, energy economic,
geology, geotechnical, structure, and organization of construction of
hydropower plant;
- Grade 2: At least 20 major consultants in the specialties:
hydroelectricity, technology hydraulic, hydrodynamics, hydrology, energy
economic, geology, geotechnical, structure, and organization of construction of
hydropower plant;
- Grade 3: At least 15 major consultants in the specialties: hydraulic
power, technology hydraulic, hydrodynamics, hydrology, energy economic,
geology, geotechnical, structure, and organization of construction of
hydropower plant;
- Grade 4: At least 10 major consultants in the specialties: hydraulic
power, technology hydraulic, hydrodynamics, hydrology, energy economic,
geology, geotechnical, structure, and organization of construction of
hydropower plant;
- Grade 5: At least 05 major consultants in the specialties: hydraulic
power, technology hydraulic, hydrodynamics, hydrology, energy economic,
geology, geotechnical, structure, and organization of construction of
hydropower plant.
2. For thermal electricity plant works:
a) Being a specialized consultancy organization, having professional
capabilities in technology and engineering of thermal electricity power plants,
technical analysis, economic - finance for the project, environmental impact
assessment
b) Having consultants with experience in the fields of: boilers,
turbines, generators, electrical equipment, automatic control, engineering
geology, construction of thermal power and fields related to the kinds of
thermal power plants. Experts taking charge of major professional domains must
have university diploma or higher, have working experience at least five years
in the field of consultancy and have experience in leading or participated as a
major partner in designing at least one thermal electricity plant project in
the field of consultancy;
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d) The capacity of the consultancy organizations on investment of
construction of thermal power plants is classified into three categories
according the scale of the installation capacity of thermal power plants as
follows:
- Grade 1: Without limiting the scale of the installation capacity;
- Grade 2: Scale of installation capacity to 100MW;
- Grade 3: Scale of installation capacity below 50MW.
e) Requirements for the competence of the consultancy organization
operating under the categories of thermal power works as follows:
- Grade 1: At least 20 major consultants in the specialties: thermal
electricity, geology, geotechnical, chemistry, structure, and organization of
construction of thermal power plant works;
- Grade 2: At least 15 major consultants in the specialties: thermal
electricity, geology, geotechnical, chemistry, structure, and organization of
construction of thermal power plant works;
- Grade 3: At least 10 major consultants in the specialties: thermal
electricity, geology, geotechnical, chemistry, structure, and organization of
construction of thermal power plant works.
3. For the transmission line and transformer station
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b) Having consultants with experience in the fields of
physical-mechanical power lines, electrical equipment, automatic control, relay
protection, organization of construction, project finance. Experts taking
charge of major professional domains must have university diploma or higher,
have working experience at least five years in the field of consultancy and
have participated in performing at least one project for lines and transformer
stations with a similar voltage level;
c) Having equipment, technical means, applying software necessary for
consultancy on investment in the construction of lines and transformer stations
works;
d) The capacity of consultancy construction of power lines and
transformer stations are classified into four grade scale voltage levels as
follows:
The capacity of the consultancy organizations on investment of
construction of lines and transformer stations is classified into 4 categories
according the scale of voltage levels as follows:
- Grade 1: Without limiting the scale of voltage level;
- Grade 2: Scale of the voltage level to 220 kV;
- Grade 3: Scale of the voltage to 110 kV;
- Grade 4: Scale of the voltage to 35kV.
e) Requirements for the competence of the consultancy organization
operating under the categories of transmission line and substation as follows:
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- Grade 1: At least 20 major consultants in the specialties:
electricity systems, technical electricity, electrical equipment, automation,
energy economics, geology, construction, organization of construction of lines
and transformer station works;
- Grade 2: At least 15 major consultants in the specialties:
electricity systems, technical electricity, electrical equipment, automation,
energy economics, geology, construction, organization of construction of lines
and transformer station works;
- Grade 3: At least 10 major consultants in the specialties:
electricity systems, technical electricity, electrical equipment, automation,
energy economics, geology, construction, organization of construction of lines
and transformer station works;
- Grade 4: At least 05 major consultants in the specialties:
electricity systems, technical electricity, electrical equipment, automation,
energy economics, geology, construction, organization of construction of lines
and transformer station works;
Article 10. Consultancy on construction
supervision of electricity works
Organization registering for consultancy on construction supervision of
electricity works, depending on their professional abilities and qualifications,
can register for operating for one or more types of electricity works
(hydropower plants, thermal power plants, lines and transformer station with
the different scale of voltage levels), apart from the conditions prescribed in
Article 7 of this Regulation must also meet the following conditions:
1. For hydropower plant works:
a) Being a specialized consultancy organization, having professional
capabilities in technology and engineering of hydro power plants;
b) Having consultants with experience in the fields of: technology
hydraulic equipment, electrical equipment, water treatment, automatic control,
technology hydraulic, hydrology, hydrodynamics, engineering geology, hydropower
construction and fields related to hydro power plants. The leading consultants
must have university diploma or higher, have experience at least five years
working in the field of consultancy and have experience on leading construction
supervision for at least one hydroelectric plant work;
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d) The capacities of consultancy organization on construction
supervision of hydropower plants is classified into four categories according
the scale of installation capacity of hydropower plants specified at Point d,
Clause 1 of Article 9 of this Regulation;
e) Requirements for the capacity of the consultancy organization on
supervision of construction according to the categories of hydroelectric power
work as follows:
- Grade 1: At least 20 major consultants having certificate for
supervision of construction of works in all hydropower specialties;
- Grade 2: At least 17 major consultants having certificate for
supervision of construction of works in all hydropower specialties;
- Grade 3: At least 12 major consultants having certificate for
supervision of construction of works in all hydropower specialties;
- Grade 4: At least 08 major consultants having certificate for
supervision of construction of works in all hydropower specialties;
- Grade 5: At least 05 major consultants having certificate for
supervision of construction of works in all hydropower specialties.
2. For thermal electricity plant works:
a) Being a specialized consultancy organization, having professional
capabilities in technology and engineering of thermal power plants;
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c) Having equipment, technical means, applied software necessary for
consultancy on investment in the construction of thermal electricity works;
d) The capacities of consultancy organization on construction
supervision of thermal power plants are classified into three categories
according the scale of installation capacity of thermal power plants specified
at Point d, Clause 2 of Article 9 of this Regulation;
e) Requirements for the capacity of the consultancy organization
operating under the categories of the thermal power works as follows:
- Grade 1: At least 20 major consultants having certificate for
supervision of construction of works in all thermal power specialties;
- Grade 2: At least 15 major consultants having certificate for
supervision of construction of works in all thermal power specialties;
- Grade 3: At least 10 major consultants having certificate for
supervision of construction of works in all thermal power specialties.
3. For the lines and transformer stations;
a) Being a specialized consultancy organization, having professional
capabilities in technology and engineering of lines and transformer stations;
b) Having consultants with experience in the fields of:
physical-mechanical powers of lines, electrical equipment, automatic control,
relay protection, organization of construction. The leading consultants must
have university diploma or higher, have experience at least five years working
in the field of consultancy and have experience on leading construction supervision
for at least one line and transformer station work;
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d) The capacities of consultancy organization on construction
supervision of lines and transformer stations work are classified into four
grades according to scale of voltage levels specified at Point d, Clause 3,
Article 9 of this Regulation;
e) Requirements for the competence of the consultancy organization
operating under the categories of line and transformer station work as follows:
- Grade 1: At least 20 major consultants having certificate for
supervision of construction of line and transformer station works;
- Grade 2: At least 15 major consultants having certificate for
supervision of construction of line and transformer station works;
- Grade 3: At least 10 major consultants having certificate for
supervision of construction of line and transformer station works;
- Grade 4: At least 05 major consultants having certificate for
supervision of construction of line and transformer station works.
Article 11. Electricity Generation
Organization register for electricity generation, apart from the
conditions prescribed in Article 7 of this Regulation must also meet the
following conditions:
1. Having technological equipment, means, workshops, architectural
works in line with the approved technical design, built, installed and tested
in line with current technical regulations and standards.
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3. The equipments of electricity plant that require strict labor safety
must be tested and granted a certificate of labor safety by competent agencies.
4. The report on environmental impact assessment of electricity generation
projects that have been approved by a competent state agency.
5. System of fire prevention and fighting of electricity plant must be
tested and accepted by a competent agency as provided by law.
Article 12. Electricity Transmission
Organization registering for electricity transmission, apart from the
conditions prescribed in Article 7 of this Regulation must also meet the
following conditions:
1. Having technological equipment, means, workshops, architectural
works in line with the approved technical design, built, installed, inspected
and accepted in line with technical standards and regulations, satisfying
requirements for maintenance, repair and test of electrical transmission lines,
transformer stations, cutting stations, compensator stations in the electricity
transmission system.
2. People who directly manage the technique must have a relevant
bachelor degree in electricity and have worked in the field of electricity
transmission at least five years. Workers who directly operate must be trained
and tested for operating procedures and safety regulation
Article 13. Distribution of Electricity
Organizations or individuals registering for operating distribution of
electricity, apart from the conditions specified in Article 7 of this Regulation
must also meet the following conditions:
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2. People who directly manage the technique and operation must have
bachelor degrees in electricity and have worked in the field of electricity
trading and distribution at least five years. Workers who directly operate must
be trained and tested for operating procedures and safety procedures according
to ranks and grades that were prescribed.
Organizations or individuals engaged in electricity distribution in
rural areas must meet the following conditions: People who directly operate and
repair electricity must be trained in electricity specialty, hold a certificate
issued by a vocational training institutions, have professional competence
skills, be trained and tested for electrical safety and be granted a
certificate of safety to work on rural electricity network by the Provincial
Department of Industry.
Article 14. Electricity Export and Import
Organizations or individuals registering for electricity export and
import activities, apart from the conditions stipulated in Article 7 of this
Regulation must also meet the following conditions:
1. Having technological equipment, means, workshops, architectural
works that are constructed, installed, inspected and accepted in line with
technical standards in accordance with the approved technical designs and
current norms satisfying the requirements of the operation, maintenance and
repair of electricity network, transformer stations and associated synchronized
equipments.
2. People who directly manage the technique and operation must have a
university degree in electricity and has worked in the field of electricity
distribution and sales for at least five years. Workers who directly operate
must be professionally trained and tested for operating procedures and safety
procedures according to ranks and grades that were prescribed.
Article 15. Electricity
wholesale and electricity retail
Organizations or individuals registering for operating electricity
wholesale and electricity retail, apart from the conditions prescribed in
Article 7 of this Regulation must also meet the following conditions:
1. People who directly manage the technique and the production must
have college degree or higher in electricity and have worked in the field of
electricity distribution and trading at least five years.
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Chapter 3:
DOSSIER FOR
GRANT, AMENDMENTS AND SUPPLEMENTATION TO THE ELECTRICITY OPERATION PERMIT
Article 16. The dossier for the grant,
amendment, supplement to the permit for specialized electricity consultancy
For organization which perform consultancy on electricity planning,
consultancy on investment in electricity construction and consultancy on
construction supervision of electricity works, the dossier include:
1. Written request for grant, amendment, supplementation to the
electricity activity permit (in Appendix 1 attached to this Decision).
2. A valid copy of the document certifying the legal status of
organizations or individuals together with the organizational chart, a list of
the affiliated units and branches.
3. An extracted list of managerial staff, consultants leading the main
fields of consultancy (Appendix 3 attached to this Decision), together with
valid copies of diploma and employment contract that have been signed with
consultancy organizations.
4. A list of similar projects that the consultancy organization has
done or major specialists of the consultancy organizations have lead or
participated in most recent five years.
5. A list of equipment, means, applied software for consultancy
licensed by the requesting organization.
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Article 17. Dossier for the grant, amendment,
supplement to the permit for electricity generation
The dossier includes:
1. Written request for grant, amendment, supplementation to the
electricity activity permit (as in Appendix 1 attached to this Decision).
2. A valid copy of the document certifying the legal status of
organizations or individuals together with the organizational chart, list the
affiliated units and branches.
3. Technical documents that define the installation capacity of each
generation set and a list of main electricity work items of the project for
electricity generation.
4. Valid copy of the decision approving the technical design of
electricity generation projects approved by the competent authorities.
5. The extracted list of managerial staff such as directors, deputy
directors of enterprises, the people who directly manage the technique, major
experts for the management and operation of power plants accompanied by a valid
copy of diploma or graduation certificate.
6. Documentation of fuel or source of water to use.
7. Technical documentation on connection and operation mode of the
power plant in electrical systems.
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9. Valid copy of the written confirmation of eligibility for the fire
protection and fighting granted by competent agency.
10. A copy of report on the environmental impact assessment of the
project for investment in electricity generation approved by competent state
agencies; a copy of the written approval of environmental impact assessment
report or environmental standard certification by the competent state agencies.
11. A copy of the signed long-term power purchase contract (PPA).
12. A copy of the partially acceptance minute of main items of the
electricity work of the project for electricity generation.
13. A valid copy of the written confirmation about ensuring conditions
for operation for devices with strict requirements on labor safety.
14. A copy of financial statements in the most recent year prior to
filing the application for a permit (for organizations which are still
operating).
15. For organizations requesting for the permit for electricity
generation for new electricity generation projects, within thirty (30) days
from the date of commercial operation of power plants, it is necessary to add
to the dossier a copy of the acceptance minutes for the entire power plant
work.
Article 18. Dossier for the grant, amendment,
supplementation to the permit for electricity transmission, distribution and
import/export
The dossier includes:
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2. A valid copy of the document certifying the legal status of
organizations or individuals together with the organizational chart, list the
affiliated units and branches.
3. The extracted list of managerial staff such as directors, deputy
directors of enterprises, the person who directly manage technique, major
experts for the management and operation of electricity network for
transmission and distribution together with a valid copy of diploma or
certificate of graduation.
4. Documents on the capacity of electricity transmission, power
distribution, voltage level and the area of operation.
5. Documentation of training and employment.
6. A list of main items of electricity work operated by the managing
organization or the organization will receive in accordance with the decision
of the competent authorities.
7. A valid copy of documents certifying the conformity to the
conditions for equipments with strict requirements on labor safety.
8. A valid copy of the written confirmation of eligibility for the fire
protection and fighting granted by competent authorities.
9. A copy of financial statements in the most recent year prior to
filing the application for a permit (for organizations which are still
operating)
10. A copy of the electricity export/import contracts approved by
competent state agencies (for electricity export/import activities.)
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The dossier includes:
1. Written request for the permit for electricity activities (as in
Appendix 1 attached to this Decision);
2. A valid copy of documents certifying the legal status of
organizations or individuals together with the organizational chart, list the
affiliated units and branches.
3. The extracted list of managerial staff such as directors, deputy
directors of enterprises, the person who directly manage techniques together
with a valid copy of diploma or certificate of graduation.
4. Voltage level and the area of operation.
5. Financial statements of the most recent year (for organizations
which are still operating).
Chapter 4:
ORDER AND
PROCEDURES FOR GRANTING, AMENDING AND SUPPLEMENTING THE PERMIT FOR ELECTRICITY
ACTIVITIES
Article 20. The order and procedures for
granting, amending and supplementing the electricity activity permit
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2. Within five working days after receipt of the dossier asking for
granting, amending and supplementing the electricity activity permit, the
licensing authority shall inform in writing to the electricity unit on the
validity of dossier. Where the dossier is invalid, the licensing authority must
state the reasons and request for an amendment or supplementation to figures,
documents and relevant information to complete the dossier.
3. Within thirty working days after receiving fully valid dossiers, the
licensing authority must conduct assessment of the dossier, inspection at the
facility (if necessary) to grant, amend, supplement the permit, in case of
refusal, must notify in writing stating the reasons therefore.
4. Where the competent authorities granting the permit for electricity
activities require electricity units to supplement and amend the permit, within
fifteen working days from the date of receipt of the request of the licensing
authorities, electricity units must reply in writing.
5. The electricity activity permit shall be made in three originals,
one to the organizations or individuals that are granted, two are kept at the
licensing authorities.
Article 21. The duration of the electricity
activity permit
1. The term of a permit to operate electricity generation is accord
with the technology of each type of power plant and based on the request of
organizations or individuals applying for the permit, but does not exceed 50
years.
2. The term of a permit to operate electricity transmission is based on
the request of the organization applying the permit but not more than 30 years.
3. The term of a permit to operate the electricity distribution is
based on the proposal by organizations or individuals applying for the permit,
but does not exceed 20 years.
4. The term of a permit for electricity wholesale and retail is based
on the request of organizations or individuals applying for the permit, but
does not exceed 10 years.
5. The term of a permit for consultancy on electricity specialty is
based on the request of the organization applying for the permit, but not more
than 10 years.
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The duration of the permit for electricity activities in the fields of
operation, scale of operation is specified in detail in Appendix 4 to this
Decision.
Article 22. Renewal of the electricity activity
permit
1. The electricity activity permit may be extended if it satisfies the
specified conditions.
2. Six months before the electricity activity permit expired,
electricity units must make a dossier as prescribed in Chapter III of this
Regulation to request for the extension of the electricity activity permit.
3. The extended term of the electricity activity sectors should not
exceed half of its activities term of field specified in the granted
electricity activity permit.
Chapter 5:
COMPETENCE FOR GRANTING,
AMENDMENTING, SUPPLEMENTING AND MANAGING THE USE OF ELECTRICITY ACTIVITY
PERMITS
Article 23. Competent to grant the permit for
electricity activities
Competence to grant the permit for electricity activities shall be as
follows:
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a) Planning consultancy on national electricity development,
development planning of local electricity and hydro-electric terrace planning
of rivers;
b) Consultancy on investment in power plant construction, consultancy
on investment in construction of lines and transformer stations;
c) Consultancy on supervision of the construction of power plant works,
the lines and transformer station works;
d) Electricity generation for electricity units that have a power plant
project with a scale of capacity of 3 MW or more;
e) Electricity transmission;
e) Electricity distribution;
g) Electricity export/import;
h) Electricity wholesale;
i) Electricity retail.
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a) Consultancy on investment in construction of lines and transformer
stations with a voltage level of 35kV or less, with the business registration
at the localities;
b) Electricity generation for electricity units that have a power plant
project with a scale of capacity of below 3 MW in localities;
c) Electricity distribution in rural areas;
d) Electricity retail in rural areas.
Article 24. Responsibility of the agencies
granting the permit for electricity activities
1. Receiving, assessing and managing the dossier requesting for
granting, amending and supplementing the electricity activity permit. Guiding
organizations or individuals engaged in electricity activities to comply with
the content, order and procedures for proposal for granting, amendment and
supplementation to the permit for electricity activities in this Regulation.
2. Resolving complaints about the permit for electricity activities
under its competence.
3. Inspecting and supervising the implementation of the permit for
electricity activities under the conditions registered in the dossier for
granting the permit for electricity activities.
4. Withdrawing the electricity activity permit from violating
organizations or individuals.
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Article 25. Responsibilities of organizations
or individuals being granted the permit for electricity activities
1. Performing electricity activities in accordance with the provisions
in the permit.
2. Requesting for extending or supplementing the electricity activity
sectors when getting complete condition as prescribed.
3. Maintaining the condition for electricity activities that have been
registered and have been granted in the permit during the operation.
4. Paying fully charges and fees relating to the permit for electricity
activities in accordance with the laws.
5. Reporting to licensing agencies no later than 60 days prior to
stopping the electricity activities.
6. Not modifying the content of the permit, or transferring or allowing
other organizations or individuals to use the permit.
7. Subject to examination, inspection and observing the handling
decision by the competent state agency over usage of the permit and registered
operation conditions.
8. Requesting for amending and supplementing the electricity activity
permit when changing the field and the content of electricity activities.
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10. Sending copies of the granted permit for electricity activities to
electricity buyer (for the permit for electricity generation) to provide a
basis for the electricity buyer to implement the long-term contract.
Chapter 6:
INSPECTION AND
HANDLING OF VIOLATIONS AND WITHDRAWAL OF THE PERMIT FOR ELECTRICITY ACTIVITY
Article 26. Inspection and handling of
violations of the electricity activity permit
1. The Agencies that grant the permit for electricity activities shall
be responsible for examining the implementation of the granted electricity
activity permit. In case of detecting institutions and individuals that
licensed with violations shall be handled according to competence or propose
competent agencies for handling according to the laws.
2. Electricity Regulation Department is responsible for inspecting the
implementation of this Regulation throughout the country, solving problems and
recommending content to report to the Ministry of Industry for amendment and
supplementation to this Regulation when necessary.
3. People's Committees of provinces and centrally-affiliated cities
shall inspect the implementation of this Regulation within its administration;
solve problems and Industry Ministry to propose amendments and supplements as
needed.
ANNEX 4
TIME-LIMIT OF
THE ELECTRICITY OPERATION LICENSE
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Time-limit of license
1.
Consultancy on project:
10 years
2.
Consultancy on investment for electricity construction:
a)
Consultancy on investment for power plant construction
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b)
Consultancy on investment for electricity lines and substation
construction with the level of voltage:
- Over 35kV
10 years
- Below or 35kV
05 years
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Consultancy on supervisory for electricity works construction:
a)
Power plant
10 years
b)
Electricity lines and substation construction with the level of
voltage:
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10 years
- Below or 35kV
05 years
4.
Generator:
a)
The big power plants which mean special importance on economy, social,
national defense, safety according to the list approved by the Prime Minister.
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b)
The power plants without the list of big power plants which mean
special importance on economy, social, national defense, safety, approved by
the Prime Minister.
30 years
5.
Transmission:
a)
Transmission operation with the level of voltage 500kV
30 years
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Transmission operation with the level of voltage 220kV
20 years
c)
Transmission operation with the level of voltage 110kV
15 years
6.
Electricity Distribution:
a)
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20 years
b)
Rural Electricity Business operation (Cooperative on electricity
distribution and business/ Individual has registered business).
10 years
7.
Electricity wholesale and retail:
a)
Electricity wholesale in area of many provinces/cities or one
province/city.
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b)
Electricity retail in area of province/city
10 years
8.
Electricity Import and Export:
a)
Electricity import and export with the level of voltage over 35kV
15 years
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Electricity import and export with the level of voltage below or 35kV
10 years