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THE MINISTRY OF
INDUSTRY AND TRADE
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 13/2010/TT-BCT
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Hanoi, April 15, 2010
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CIRCULAR
PROVIDING
FOR METHODS OF CALCULATING, PROCESSES AND PROCEDURES FOR SETTING THE COST OF
ELECTRICITY SYSTEM AND MARKET OPERATIONS
Pursuant to the Government’s Decree No.
189/2007/ND-CP dated December 27, 2007 providing for functions, tasks, powers
and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Law on Electricity dated
December 3, 2004, and the Government’s Decree No. 105/2005/ND-CP dated August
17, 2005 specifying and guiding the implementation of several articles of the
Law on Electricity;
Pursuant to the Prime Minister’s Decision No.
153/2008/QD-TTg dated November 28, 2008 providing for functions, duties, powers
and organizational structure of the Electricity Regulatory Authority of the
Ministry of Industry and Trade;
The Ministry of Industry and Trade hereby
provides for methods of calculating, processes and procedures for setting the
cost of electricity system and market operations as follows:
Chapter 1.
GENERAL
PROVISIONS
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1. This Circular provides regulations on
methods of calculating, processes and procedures for setting the cost of
electricity system and market operations, and on that cost itself.
2. This Circular shall apply to national
electricity system and market operators, the Electric Power Trading Company and
the Vietnam Electricity.
Article 2. Definition
For the purpose of this Circular, terms used
hereunder shall be construed as follows:
1. National electricity system and market
operator refers
to an entity commanding, operating and regulating power generation,
transmission and distribution activities in the national power system, and
managing electricity market transactions.
2. Electricity system and market operating cost
refers
to the component cost constituting the expenditure on management and
administration of the power industry and ancillary services thereof, which is
set on an annual basis and paid for implementation of tasks relating to
electricity system and market operations by the national electricity system and
market operator within a financial year.
3. Ancillary service cost refers to the
component cost constituting the expenditure on operation of electricity system
and market, which is set on an annual basis and used by the national
electricity system and market operator within a financial year to pay for
cold-start, fast-start reserve and reliability-must-run services purchased at
the agreed price and rendered under terms and conditions of an ancillary
service agreement.
4. Financial statement refers to the
financial report which has been audited by an independent auditing entity.
5. The effective year of power selling price refers to the year
that begins on the 1st day of March in that year and ends after the
last day of February in the subsequent year.
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7. Year N-1 refers to the
effective year of the power selling price immediately preceding the year N, and
the year in which the cost of electricity system and market operations, and
ancillary services, is set to apply to the year N.
8. Year N-2 refers to the
effective year of the power selling price immediately preceding the year N-1.
Chapter 2.
METHODS
OF DETERMINING TOTAL COST OF ELECTRICITY SYSTEM AND MARKET OPERATIONS
Article 3. Principles
of the electricity system and market operating cost
Electricity system and market operating cost
in the year N shall be comprised of total cost, to the extent that determined
on the basis of reasonable expenses within the regulatory norm, paid by the
electricity system and market operator for implementation of tasks relating to
electricity system and market operations in the year N; and total cost of ancillary
services determined on the basis of the number of ancillary services calculated
and agreed upon in the contracts signed by the national electricity system and
market operator with power generators according to the approved electricity
system operational plan to be executed in the year N.
Article 4. Method of
determining total annual cost of electricity system and market operations
Total cost accounted for in the year N 
of the national
electricity system and market operator comprised of the cost of capital 
, the operation and
maintenance cost 
, the ancillary
service cost 
, and the difference
in the electricity system and market operating cost of the year N-2 (CLN-2),
likely to be subject to any adjustment made in the year N, shall be determined
according to the following formula:
= ++
+CLN-2
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:
Total cost of capital in the year N of the
national electricity system and market operator (VND);
:
Total operation and maintenance cost in the
year N of the national electricity system and market operator (VND);
:
Total cost of ancillary service in the year
N (VND);
CLN-2:
The difference in the electricity system
and market operating cost of the year N-2, likely to be subject to any
allowable adjustment made in the year N, which shall be determined by
employing the method referred to in Article 7 hereof (VND).
Article 5. Method of
determining total cost of capital
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=
+
+ LNN
Where
:
Total cost of depreciation in the year N
(VND);
:
Total cost of payment of long-term loan
interest, and fees for application for borrowed funds invested in assets used
for electricity system and market operations, payable in the year N (VND);
LNN:
Permitted income earned in the year N (VND)
2. Total cost of fixed asset depreciation in the year N shall
be determined under regulations on its useful life and according to the method
of fixed asset depreciation stipulated by the Circular No. 203/2009/TT-BTC of
the Ministry of Finance dated October 20, 2009 providing guidance on regulatory
policies on management, utilization and depreciation of fixed assets.
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3. Total cost of payment of long-term loan
interest and fees for application for borrowed funds in the year N shall
be determined according to credit facility agreements.
4. Permitted income earned in the year N (LNN)
shall be determined according to the following formula:
LNN = VCSH,N x
ROEN
Where
VCSH,N :
The average of equity capital estimated
until the 31st day of December in the year N-1 and equity capital
estimated until the 31st day of December in the year N (VND);
ROEN:
The return on equity ratio of the national
electricity system and market operator (%) shall be determined with the aim
of ensuring that financial indicators (including Self Financing Ratio – SFR
equaling 25% and Debt Service Coverage Ratio – DSCR equaling 1.5) conform to
lender’s requirements.
Article 6. Method of
determining total operation and maintenance cost
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=
+ 
+
+
Where
:
Total cost of raw materials in the year N
(VND);
:
Total cost of salaries or wages in the year
N (VND);
:
Total cost of major repairs in the year N
(VND);
:
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:
Total other monetary cost in the year N
(VND).
2. Method of determining total cost of raw
materials
a) Total cost of raw materials in the year N shall
be determined on the basis of the cost of raw materials realized in the year
N-2 as stated in an auditing report, and the increased or decreased cost of raw
materials estimated in the year N-1 and N in proportion to the increased or
decreased amount of tangible fixed assets, according to the following formula:
=
+ (
+
)
Where
:
Total cost of materials in the year N
(VND);
:
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:
Total increased or decreased cost of raw
materials in the year N-1 in proportion to total increased or decreased
amount of tangible fixed assets in the year N-1 (VND), which is determined
under Point b of this Clause;
:
Total increased or decreased cost of raw
materials in the year N in proportion to total increased or decreased amount
of tangible fixed assets, which is determined under Point c of this Clause;
b) Total increased or decreased cost of raw
materials 
in the year N-1
shall be determined on the basis of the regulatory norms of raw materials, and
the increased or decreased amount of tangible fixed assets in the year N-1 according
to the following formula:
=
Where
:
Total increased or decreased cost of raw
materials in the year N-1 (VND);
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Total increased or decreased amount of tangible
fixed assets of i category in the year N-1 (estimated) compared with that in
the year N-2 (VND);
VLi:
The regulatory norm of cost of raw
materials for tangible fixed assets of i category, regulated by the Ministry
of Industry and Trade (%);
i:
Category of fixed asset;
c) Total increased or decreased cost of raw
materials 
in the year N shall
be determined on the basis of the regulatory norms of raw materials, and the
increased or decreased amount of tangible fixed assets in the year N according
to the following formula:
=
Where
:
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Li,N:
Total increased or decreased amount of
tangible fixed assets of i category in the year N-1 (estimated) (VND);
VLi:
The regulatory norm of cost of raw
materials for tangible fixed assets of i category, regulated by competent
authorities (%);
i:
Category of fixed asset;
d) The cost of raw materials in a year
calculated in accordance with Point a of this Clause means a sum subject to the
spending authorization within the year N and shall not be subject to any allowable
adjustment;
dd) The national electricity system and
market operator shall be responsible for establishing the regulatory norms of
cost of raw materials for each category of asset which are submitted to the
Vietnam Electricity for its consideration and forwarded to the Electricity
Regulatory Authority for its inspection or assessment before being submitted to
the Ministry of Industry and Trade to bring it into effect.
3. Method of determining cost of salaries or
wages, and other wage-related income.
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=
+
Where
: Cost of wages or
salaries and bonuses paid for safe operations performed by the national
electricity system and market operator, which is determined under the
Government’s Decree No.141/2007/ND-CP dated September 5, 2007 on the pay scheme
with respect to state-owned parent companies and subsidiary companies of
economic corporations, and the Circular No.19/2007/TT-BLDTBXH dated October 4,
2007 of the Ministry of Labor, War Invalids and Social Affairs guiding the
implementation of the Government’s Decree No. 141/2007/ND-CP dated September 5,
2007;
: Wage-related cost
accounted for by the national electricity system and market operator shall
include social insurance, health insurance, trade union's expenses, and
unemployment insurance as provided by prevailing laws and regulations.
4. Method of determining total cost of major
repairs
Total cost of major repairs 
in the year N of the
national electricity system and market operator in the year N (excluding a
portion of capital used for improving tangible fixed assets, which is
accounting for as an increase in the historical cost thereof) shall be
determined on the basis of total budget for major repair costs for items of
which major repairs are right on schedule.
5. Method of determining total cost of
outsourced services
a) Total cost of outsourced services 
in the year N means the cost paid for
goods, services or utilities supplied by external organizations or individuals
upon request, including electricity, water and telephone bill payments, and newspaper,
magazine or book subscriptions; payments for purchase and utilization of
technical documents; maintenance fee for computer software products; fees for
hired audit consultants; office or workplace rentals; asset rentals; property
insurance costs; telecommunications equipment rentals for electricity system
operations; frequency band rentals and other service charges paid as agreed
upon in service supply agreements for electricity system and market operations
taking place in the year N;
b) Total outsourced service cost 
in the year N shall
be determined according to the demands for outsourced services expected in the
year N on the basis of actual costs recognized in the year N-2 which have been
audited and costs expected to be recognized in the year N-1.
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a) Total other monetary cost 
in the year N shall
include business travel costs; conference and guest fees; training costs; scientific
research, invention and innovation expenses; employee shift meal costs; fees
for militia, flood or fire safety prevention or protection services; personal
protective equipment, work dresses or uniforms, occupational safety, industrial
sanitation and environment; costs of water drunk at work, benefits in kind for
night shifts and hazardous work duties; costs of medical first aid or emergency
services in case of occupational accidents, common ailment medicines, employee’s
vocational rehabilitation; recruitment fees; tax-related costs; land rents;
supplemental costs for maintenance of working capital, costs of short-term loan
interest payments for electricity system and market operations, differences in
exchange rates applied to long-term loans at maturity and other monetary costs
in the year N;
b) Total other monetary cost in the year N shall
be determined according to the demands for other monetary costs in the year N
on the basis of actual costs recognized in the year N-2 which have been audited
and costs expected to be recognized in the year N-1.
Article 7. Method of
determining total cost of ancillary services
Total cost of ancillary services in the year
N 
shall be determined
on the basis of total cost expected to be paid to secure obligations agreed
upon in ancillary service contracts in the year N according to the following
formula:
= 
+
+
CFSR:
Cost of fast-start reserve in the year N,
determined by total estimated value of fast-start reserve service contracts
signed by the national electricity system and market operator with other
service providers (VND);
CCSR:
Cost of cold-start reserve in the year N,
determined by total estimated value of cold-start reserve service contracts
signed by the national electricity system and market operator with other
service providers (VND);
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Cost of reliability-must-run for system
security in the year N, determined by total estimated value of system
security reliability-must-run service contracts signed by the national
electricity system and market operator with other service providers (VND).
Article 8. Method of
the difference in total cost of electricity system and market operations likely
to be subject to any allowable adjustment
1. The difference in total cost of the
electricity system and market operations in the year N-2 (CLN-2) likely
to be subject to any allowable adjustment made in the year N shall be determined
according to the following formula:
= (
+
+
)
x (1 + IN-1)
Where
CLN-2:
The difference in total cost of the
electricity system and market operations in the year N-2 likely to be subject
to any allowable adjustment made in the year N (VND);
:
The difference in the year N-2’s cost of
capital of the national electricity system and market operator likely to be
subject to any allowable adjustment made in the year N, which is determined
according to the method referred to in Clause 2 of this Article (VND);
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The difference in the year N-2’s cost of
operation and maintenance of the national electricity system and market operator
likely to be subject to any allowable adjustment made in the year N, which is
determined according to the method referred to in Clause 3 of this Article
(VND);
:
The difference in the year N-2’s cost of
ancillary services likely to be subject to any allowable adjustment made in
the year N, which is determined according to the method referred to in Clause
4 of this Article (VND);
IN-1:
The average rate of interest in arrears on
12-month term VND deposits applied to corporate customers on the 31st
day of July in the year N-1 by four (04) commercial banks (including
Vietcombank, Vietinbank, BIDV and Agribank) plus 3%.
2. The method of determining the difference
in total cost of capital of the national electricity system and market operator
in the year N-2, likely to be subject to any allowable adjustment made in the
year N, shall be determined according to the following formula:
= (
-
) + (
-
)
Where
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The cost of depreciation constituting total
approved cost of electricity system and market operations in the year N-2 of
the national electricity system and market operator (VND);
The actual cost of depreciation in the year
N-2 of the national electricity system and market operator which is only charged
for items emplaced in the schedule of depreciations constituting total cost
of electricity system and market operations, approved for the year N-2 (VND);
The cost of long-term loan interest
payments and other fees for application for loans, constituting total cost of
electricity system and market operations, approved for the year N-2, of the
national electricity system and market operator (VND);
The cost of long-term loan interest
payments and other actual fees for application for borrowed funds recognized
in the year N-2 of the national electricity system and market operator, which
is only charged for items emplaced in the schedule of long-term loan interest
payments and fees for application for borrowed funds constituting total cost
of electricity system and market operations, approved for the year N-2 (VND).
3. The method of determining the difference
in total operation and maintenance cost of the national electricity system and
market operator in the year N-2, allowed to be adjusted in the year N , shall be determined
according to the following formula:
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Where
:
The difference in the operation and
maintenance cost of the national electricity system and market operator in
the year N-2, allowed to be adjusted in the year N (VND);
:
The cost of salaries or wages constituting
total approved cost of electricity system and market operations in the year
N-2 of the national electricity system and market operator (VND);
:
The actual cost of salaries or wages
recognized in the year N-2 of the national electricity system and market
operator (VND). The realized cost of salaries or wages shall be re-computed
to determine the difference in salaries or wages only when there is any
change to regulatory policies on the statutory base pay level and
salary-related expenses;
:
The cost of major repairs constituting
total approved cost of electricity system and market operations in the year
N-2 of the national electricity system and market operator (VND);
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The actual cost of major repairs realized
in the year N-2 of the national electricity system and market operator which
is only charged for items emplaced in the schedule of major repairs
constituting total cost of electricity system and market operations, approved
for the year N-2 (VND);
:
The cost of outsourced services constituting
total approved cost of electricity system and market operations in the year
N-2 of the national electricity system and market operator (VND);
:
The actual cost of outsourced services
recognized in the year N-2 of the national electricity system and market
operator (VND);
:
The other monetary cost constituting total
approved cost of electricity system and market operations in the year N-2 of
the national electricity system and market operator (VND);
:
The actual other monetary cost recognized
in the year N-2 of the national electricity system and market operator (VND).
The adjustment to the other monetary cost shall only be made with respect to
the difference in exchange rate recognized for long-term loans which are
mature in the year N-2.
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= (
- 
) + (
-
) + (
-
)
Where
:
The difference in total cost of ancillary
services in the year N-2, allowed to be adjusted in the year N (VND);
:
The cost of fast-start reserve services in
the year N constituting total cost of electricity system and market
operations which has been approved in the year N-2 (VND);
:
The actual cost of fast-start reserve
services recognized in the year N-2, determined by aggregate actual amounts
paid for these services in the year N-2 by the national electricity system
and market operator to service providers (VND);
:
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:
The actual cost of cold-start reserve
services recognized in the year N-2, determined by aggregate actual amounts
paid for these services in the year N-2 by the national electricity system
and market operator to service providers (VND);
:
The cost of reliability-must-run services for
the system security constituting total cost of electricity system and market
operations which has been approved in the year N-2 (VND);
:
The actual cost of reliability-must-run
services for the system security recognized in the year N-2, determined by
aggregate actual amounts paid for these services in the year N-2 by the
national electricity system and market operator to service providers (VND).
Article 9. Adjustment
in total cost of electricity system and market operations
1. The national electricity system and market
operator shall be responsible for establishing and maintenance the system of
logbooks to monitor expense items to determine the difference as an allowable
adjustment to total cost of electricity system and market operations in
accordance with Article 8 hereof.
2. Any adjustment in total cost of
electricity system and market operations shall be made only when there is any
difference between the reasonable or legitimate cost in the year N-2 (with
reference to financial statements) and the cost which has been calculated as a
constituent of total cost of electricity system and market operations approved
for the year N-2.
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PROCESSES
AND PROCEDURES FOR SETTING TOTAL COST OF ELECTRICITY SYSTEM AND MARKET
OPERATIONS
Article 10. Processes
and procedures for setting total cost of electricity system and market
operations
1. Before the 5th day of September
in the year N-1, the national electricity system and market operator shall
assume responsibilities for preparing the request dossier for assessment of the
cost of electricity system and market operations in the year of price
application N for submission to the Vietnam Electricity for its consideration
and approval.
2. Before the 15th day of
September in the year N-1, the Vietnam Electricity shall assume
responsibilities for submitting the request dossier for assessment of the cost
of electricity system and market operations in the year of price application N
for the Electricity Regulatory Authority’s evaluation.
3. Where that application dossier is not
valid, the Vietnam Electricity shall be responsible for improving it for
submission to the Electricity Regulatory Authority before the 25th
day of September in that year.
4. Before the 10th day of October
in the year N-1, the Electricity Regulatory Authority shall assume
responsibilities for verifying or evaluating and grant written consent to total
cost of electricity system and market operations in the year of price
application N. In case of rejection, a written response in which clear reasons
are provided should be sent.
Article 11. Request
dossier for evaluation of total cost of electricity system and market
operations
The request dossier for evaluation of total
cost of electricity system and market operations in the year N shall include:
1. The statement on the request for
evaluation of total cost of electricity system and market operations in the
year N.
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a) Analyze, assess cost items currently
realized till the 31st day of August in the year N-1 and expected to
be realized till the end of February in the year N;
b) Explain and calculate total allowed cost
of capital 
in the year N of the
national electricity system and market operator, including:
- With respect to total cost of depreciation
in the year N: the general calculation factsheet of fixed asset depreciations
in the year N and the detailed calculation factsheet of underlying costs of
depreciation for specific fixed assets in the year N;
- The list of work items expected to be
brought into operation in the year N and the date of commencement of
depreciation;
- With respect to total cost of payment of
long-term loan interest, and fees for application for borrowed funds invested
in valid projects in the year N: the calculation factsheet of loan interest and
fees for application for loans intended to be paid in the year N;
- With respect to the equity capital estimated
till the end of year N-1 and planned till the end of year N: the demonstration
and the detailed calculation factsheet of actual increase or decrease in the
equity capital in the year N-1 and N;
- With respect to the forecast income earned in
the year N, return on equity ratio, self-financing ratio, debt service coverage
ratio, where value of the equity capital of the national electricity system and
market operator has not been identified yet, the average number thereof
reported by the Vietnam Electricity shall be accepted.
c) Explain and calculate total allowed cost
of operation and maintenance 
in the year N of
the national electricity system and market operator, including:
- With respect to total cost of raw materials
in the year N: the demonstration and calculation factsheet of actual costs of
raw materials realized in the year N-2, additional costs of raw materials
incurred in the year N-1 and N in proportion to the increased or decreased
amount of tangible fixed assets of different classes or divisions;
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- With respect to total cost of major repairs
in the year N: the demonstration and calculation factsheet of costs of major
repairs of specific equipment items of which these repairs are right on
schedule in the year N, historical costs of assets subject to major repairs,
and the latest major repair which has been completed;
- With respect to total outsourced service
cost in the year N: the demonstration and calculation factsheet of costs of specific
outsourced services actually realized in the year N-2, estimated in the year
N-1 and projected in the year N.
- With respect to total other monetary cost
in the year N: the demonstration and calculation factsheet of other monetary
costs actually realized in the year N-1, estimated in the year N-1 and
projected in the year N, including working capital and supplemental amounts
used for working capital maintenance, and short-term loans for addition to any
deficiency in costs of electricity system and market operations and ancillary
service costs.
d) The demonstration and calculation factsheets
of total costs of specific ancillary services in the year N shall include:
- Analyze, assess actual payments for
ancillary services of different categories realized till the 31st
day of August and estimated till the end of year N-1;
- Explain and calculate total estimated cost
payable by the national electricity system and market operator as agreed upon
in the ancillary service contracts in the year N;
- The proposed list of ancillary service
providers, anticipated quantity of ancillary services and estimated expenses agreed
upon with ancillary service providers in the year N;
- The demonstration and calculation of total
costs of ancillary services estimated in the year N;
dd) The demonstration, enumeration and
calculation of the difference in costs of electricity system and market
operations likely to be subject to any allowable adjustment in the year N-2;
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g) Attached materials shall include:
- Statistical report on fixed assets which
may be increased or decreased in the year N-1 and N;
- List of tangible fixed assets subject to
major repairs in the year N;
- Statistical report on the number of
employees and average payroll factor of the national electricity system and
market operator recognized in the year N-2 and estimated in the year N-1;
- Financial statement of the year N-2,
including balance sheet, income statement, cash flow statement and
demonstration thereof;
- Regulatory norms of expense constituents
used in dossiers permitted for application thereof.
Article 12.
Procedures for paying costs of electricity system and market operations
1. Before the 15th day of month T,
the national electricity system and market operator shall submit to the
Electric Power Trading Company the payment request for costs of electricity
system and market operations in the month T-1, which is determined according to
the following formula:
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:
The sum of money that the Electric Power
Trading Company must pay the national electricity system and market operator
in the month T-1 of the year N for costs of electricity system and market
operations (VND/month).
2. Before the 20th day of month T,
the Electric Power Trading Company must pay all costs of electricity system and
market operations incurred in the month T-1, referred to in Clause 1 of this
Article, to the national electricity system and market operator.
Chapter 4.
IMPLEMENTARY
PROVISIONS
Article 13. Conduct
of implementation
1. The Electricity Regulatory Authority shall
be responsible for guiding and inspecting implementation of this Circular and
settling disputes that may arise.
2. The national electricity system and market
operator shall be responsible for preparing the request dossier for evaluation
or verification of total cost of electricity system and market operations on an
annual basis for submission to the Vietnam Electricity for its consideration
prior to approval thereof.
3. The Vietnam Electricity shall assume the
following responsibilities:
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b) Direct the Electric Power Trading Company
and the national power system operator to sign agreements on provisions of
electricity system and market operation services.
c) Submit to the Electricity Regulatory
Authority total cost of electricity system and market operations on an annual
basis for its evaluation or verification prior to approval thereof.
Article 14. Entry
into force
1. This Circular shall enter into force from
June 1, 2010.
2. The Director of Electricity Regulatory
Authority, the General Director of the Vietnam Electricity, the Director of the
National Load Dispatch Center, and the Director of the Electric Power Trading
Company, and other organizations or individuals involved, shall be responsible
for implementing this Circular./.
PP. THE MINISTER
THE DEPUTY MINISTER
Do Huu Hao
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