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THE MINISTRY OF INDUSTRY AND TRADE OF VIETNAM
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THE SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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No. 14/2022/TT-BCT
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Hanoi, September 30,
2022
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CIRCULAR
AMENDMENTS TO SOME
ARTICLES OF CIRCULAR NO. 02/2017/TT-BCT DATED FEBRUARY 10, 2017 OF THE MINISTER
OF INDUSTRY AND TRADE OF VIETNAM ON METHODS AND PROCEDURES FOR FORMULATION,
APPRAISAL AND APPROVAL FOR ELECTRICITY TRANSMISSION PRICE
Pursuant to the Law on Electricity dated
December 03, 2004 and Law on amendments to some Articles of the Law on
Electricity dated November 20, 2012;
Pursuant to the Law on amendments to some Articles
of Law on Public Investment, Law on Public-Private Partnership Investment, Law
on Investment, Law on Housing, Law on Procurement, Law on Electricity, Law on
Enterprises, Law on Special Excise Duty and Law on Civil Judgment Enforcement
dated January 11, 2022;
Pursuant to the Government’s Decree No.
98/2017/ND-CP dated August 18, 2017 on functions, tasks, powers and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Government’s Decree No.
137/2013/ND-CP dated October 21, 2013 on implementation of a number of Articles
of the Electricity Law and the Law on amendments to a number of Articles of the
Electricity Law
At the request of Director General of
Electricity Regulatory Authority,
The Minister of Industry and Trade promulgates a
Circular on amendments to some Articles of Circular No. 02/2017/TT-BCT dated
February 10, 2017 of the Minister of Industry and Trade of Vietnam on methods
and procedures for formulation, appraisal and approval for electricity
transmission price
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1. Clause 3 Article 1 shall
be added as follows:
“3. This Circular does not apply to investors
who invest in the construction of transmission grids from the distribution
yard(s) of one or several power plants to transmit power generated by one or
several power plants to the connection points which connect equipment,
electrical grids and power plants to the national power system)and have other
agreements with the electricity buyers on recovery of expenses on construction,
management, operation and maintenance of the transmission grids."
2. Clauses 9 and 10 shall
be added to Article 2 as follows:
a) Clause 9 shall be added as follows:
“9. Transmission network operator is the
electricity unit that is granted the operation licence for electricity
transmission and responsible for management and operation of national
transmission grid, including:
-National Power Transmission Corporation
-Other economic components that invest in
electricity transmission grids according to Law No. 03/2022/QH15 dated January
11, 2022 of the National Assembly.”
b) Clause 10 shall be added as follows:
“10. Transmission grid users are
organizations and/or individuals possessing electrical equipment, electrical
grids to connect to transmission grids to use electrical transmission services,
including Vietnam Electricity (EVN), Power Corporations under EVN, customers
who directly buy electricity from transmission system
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“2. Electricity transmission price shall be
annually determined on the basis of reasonable and valid expenses on electricity
transmission of the transmission network operator with the return on equity
that has been determined according to the method of electricity retail price
applicable at the time of calculation of electricity transmission price or the decision
of the competent authority.”
4. Explanation for symbols
“
" and "
” at Clause 7 Article 5 shall be amended
as follows:
“
:
Equity of the transmission network operators to
June 30 in Year N-1 (VND). In which, the equity of the National Power
Transmission Corporation is the state capital invested by EVN in the National
Power Transmission Corporation for production and trade in electricity according
to the financial report of the second quarter in Year N-1. The equity of
other investors in the electricity transmission grids under Law No.
03/2022/QH15 is the capital to create electricity transmission assets invested
in accordance with regulations of Article 6 of Law No. 03/ 2022/QH15 and
relevant laws;
:
Return on equity in Year N that is applicable
to transmission network operator (%) and determined according to regulations
of Clause 2 Article 3 of this Circular."
5. Some Clauses of Article
6 shall be amended as follows:
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"3. Method for determination of costs of
labors
Estimated total costs of labors in Year N 
of the transmission
network operator include wage expenses and wage-related expenses which are
determined in accordance with the law. Wage expenses of National Power
Transmission Corporation shall be determined according to regulations of the
law on management of labor, wage and bonus paid to employees and managers in wholly
state-owned single-member limited liability companies; Wage-related expenses of
National Power Transmission Corporation include electricity safety regime, health
insurance, social insurance, employment insurance and union fees which are
determined according to regulations of relevant law.
In case the total costs of labors cannot be
determined according to the above case, the method of calculation of the total costs
of labors shall be applied according to the following formula:
Where:
:
Costs of fixed assets for transmission in year
N of the transmission network operator (VND);
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Labor cost rate (%)annually disclosed by the
Ministry of Industry and Trade in administrative document.”
b) Point a Clause 6 shall be amended as follows:
“a) Total other monetary costs in Year N (
): other monetary costs
within norms, other monetary costs of incidents, taxes, fees, charges, land
rental, shift meal and other costs according to regulations of the law;
c) Clause 7 shall be added as follows:
“7. In case the costs according to norms specified
in Clauses 2, 4, 5 and 6 of this Article cannot be determined, the method of
calculation of the total costs of overhaul and other standard costs (including
costs of materials, externally purchased services and other monetary costs within
norms) shall be applied according to the following formula:
Where:
:
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:
Rate of cost of overhaul and other standard costs
(%) annually disclosed by the Ministry of Industry and Trade in
administrative document.”
6. Article 7 shall be
amended as follows:
a) Clause 1 shall be amended as follows:
“1. Before November 01 every year (Year N-1),
the transmission network operator shall be responsible for cooperation,
formulation and submission of the document on electricity transmission price in
Year N to EVN for consolidation and formulation of the electricity transmission
price in year N and submission of a copy of the report to the Electricity
Regulatory Authority.”
b) Clause 4 shall be amended as follows:
“4. Within 20 working days from the date on
which EVN provides the valid document as prescribed in Article 8 of this
Circular, the Electricity Regulatory Authority shall be responsible for
appraisal and submission to the Minister of Industry and Trade for approval for
the electricity transmission price in year N.”
c) Clause 5 shall be amended as follows:
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7. Some Points of Clause 2,
Article 8 shall be amended as follows:
a) Point d shall be amended as follows:
“d) Descriptions and calculations of
total permissible electricity transmission revenue in Year N. In which, the
total permissible electricity transmission revenue of each transmission network
operator shall be clearly separated
b) Point dd shall be added as follows:
“dd) Documents on electricity
transmission price of transmission network operators that have been sent to EVN.
The documents on electricity transmission price of transmission network
operators include descriptions and spreadsheets of cost components of units as
prescribed in this Circular and relevant data to determine the costs."
8. Article 9 shall be
amended as follows:
“Article 9. Electricity transmission service
contract
1. The electricity transmission service contract
shall be signed between the transmission network operator and the transmission
grid user.
2. The transmission grid user shall pay the
transmission network operator under the signed contract.”
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a) Clause 2 shall be amended as follows:
“2. The EVN shall take charge and
cooperate with transmission network operators in formulation of the electricity
transmission price on an annual basis in accordance with this Circular.”
b) Clause 3 shall be amended as follows:
“3. Responsibility of transmission
network operators
a) Cooperate with the EVN in formulation
of electricity transmission price on an annual basis according to regulations of
this Circular;
b) Cooperate with the Electric Power Trading
Company and relevant power delivery units in agreeing on the technical design
of the system of measurement and collection of data for the delivery of
electricity in accordance with regulations on electrical measurement in
electricity system issued by the Minister of Industry and Trade;
c) Negotiate the electricity transmission
service contract with EVN in accordance with the law;
d) Annually, build or hire the
professional consultants to build the labor cost rate, the rate of cost of
overhaul and other standard costs to propose the Ministry of Industry and Trade
for application
dd) National Power Transmission
Corporation shall negotiate connection with other investors in electricity
transmission grids in terms of connection points, investment boundaries,
measurement boundaries, methods of electricity delivery in accordance with regulations
of the Regulation on electricity transmission system and the Regulation on electrical
measurement in electricity system issued by the Minister of Industry and Trade;
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Article 2. Amendments and replacement of some
phrases of Circular No. 02/2017/TT-BCT dated February 10, 2017 of the Minister
of Industry and Trade of Vietnam on methods and procedures for formulation,
appraisal and approval for electricity transmission price
1. Add the phrase “Tập đoàn Điện lực Việt
Nam"
(EVN) after the phrase “Đơn vị phải trả chi phí truyền tải điện" (electricity
transmission price payers") at Clause 3 Article 2.
2. Replace the phrase "Tổng công ty
Truyền tải điện Quốc gia" ("National Power Transmission Corporation") with
the phrase "Đơn vị truyền tải điện" ("transmission network operator")
in Clause 2, Article 1, Clause 1, Article 2, Clause 8 Article 2, Clause 3,
Article 3, Article 4, Point b, Clause 2, Article 8, Point c, Clause 2, Article
8 and Point a, Clause 3, Article 8.
3. Replace the phrase "Tổng công ty
Điện lực"
("Power Corporation") with the phrase "Tổng công ty Điện lực
trực thuộc Tập đoàn Điện lực Việt Nam" ("Electricity Corporation under the
EVN") in Clause 2, Article 1, Clause 1, Article 2, Clause 3, Article 2.
4. Replace the phrase "theo quy định
của Tập đoàn Điện lực Việt Nam" ("according to EVN’s regulations") with
the phrase "theo quy định của pháp luật" ("according to regulations of the
law") at Point a, Clause 2, Article 6, Point d, Clause 6, Article 6.
Article 3. Implementation provision
1. This Circular comes into force as of
November 22, 2022.
2. In the cases where any of the
legislative documents referred to in Article 1 of this Circular is amended or
replaced, the newest one shall apply.
3. Any difficulty or problem that arises
during the implementation should be reported to the Ministry of Industry and
Trade for amendment.
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PP. MINISTER
DEPUTY MINISTER
Dang Hoang An