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MINISTRY OF
INDUSTRY AND TRADE
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 18/VBHN-BCT
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Hanoi, December
27, 2022
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DECREE
ELABORATING SOME
ARTICLES OF THE ELECTRICTY LAW AND THE LAW ON AMENDMENTS TO A NUMBER OF
ARTICLES OF THE LAW ON ELECTRICITY
The Government’s Decree No. 137/2013/ND-CP dated
October 21, 2013 elaborating some Articles of the Electricity Law and the Law
on Amendments to a number of Articles of the Law on Electricity, which has been
effective since December 10, 2013, is amended by:
1. The Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018;
2. The Government’s Decree No. 17/2020/ND-CP dated
February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020;
3. The Government’s Decree No. 104/2022/ND-CP dated
December 21, 2022 amendments to Decrees on submission and presentation of
household registration books and temporary residence registration books upon
carrying out administrative procedures or providing public services.
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Electricity dated
December 03, 2004; the Law dated November 20, 2012 on Amendments to a
number of Articles of the Law on Electricity;
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Article 1. Scope
This Decree elaborates a number of articles of the Law
on Electricity and Law on Amendments to a number of Articles of the Law on
Electricity on planning for and investment in electricity development; demand
side management; electricity sale and purchase; electricity prices; electricity
licenses; electricity regulation; inspection of electricity-related activities
and electricity use.
Article 2. Organizing adjustment of electricity
development planning
1. The electricity development planning shall be
adjusted every 05 years or ahead of schedule in order to promptly respond to
changes in economic-social development.
2. The Ministry of Industry and Trade shall
organize the formulation and approval of draft and cost estimates in order to
adjust the national electricity development planning, including funding for the
appraisal and announcement; register the necessary budget for adjustment of the
planning in accordance with regulations.
3. [2] (annulled)
Article 3. Management and implementation of
electricity development planning
1. The Ministry of Industry and Trade shall:
a) [3] Carry
out state management on electricity development planning; instruct or approve
annual/medium-term plans for investment in power development (including plans
for development of power generation and 500 kV/200 kV/100 kV grids) on the
basis of approved national electricity development planning;
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c) Preside over and cooperate with ministries and
People's Committees of provinces and central-affiliated cities in formulating
mechanisms and solutions for implementation of the electricity development
planning and submit them to the Prime Minister;
d) Organize the supervision and inspection of
implementation of the national electricity development planning;
dd) Annually review and assess results and impacts
of the implementation of the national electricity development planning for
reporting to the Prime Minister.
2. People’s Committees of provinces and
central-affiliated cities shall:
a) [4] (annulled)
b) [5] Provide land in land use planning in their
provinces for electricity projects in the electricity development planning;
c) Preside over and closely cooperate with
investors in land clearance, provision of compensation and assistance in
relocation for electricity projects;
d) [6] (annulled)
dd) [7] Annually review and assess results and
impacts of the implementation of the electricity development planning within
their provinces included in the provincial planning and submit a report thereon
to the Ministry of Industry and Trade.
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a) Fully and promptly provide funding for units
providing compensation and assistance in relocation for electricity projects;
b) Submit to People’s Committees of provinces and
central-affiliated cities the documents relating to allocation of land reserved
for premises, safety corridors, workers’ housing areas and relocation areas of
electricity projects;
c) Cooperate
with units authorized by the competent authority to provide compensation and
assistance in relocation in provision of compensation and assistance in
relocation, and land clearance;
d) Submit an annual report on project execution to
the authority having the power to manage the implementation of the electricity
development planning.
4. Organizations and individuals possessing houses
and property attached to the pieces of land on which land reserved for and
safety corridors of electricity projects exist shall:
a) Transfer land by the deadline specified in the
decision of People’s Committees at all levels for the area of land intended for
electrical works as prescribed by law on land;
b) Cooperate with the unit providing compensation
and assistance in relocation in relocation, clearance of land and safety
corridors of power generation and grid projects in which the investment has
been decided by the competent authority.
5. [8] The Ministry of Finance shall preside over
or cooperate with the Ministry of Industry and Trade in prescribing annual
funding for fulfillment of the responsibilities mentioned in points d and dd
Clause 1 and point dd clause 2 this Article.
Article 4. Large power plants of special
significance
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a) Nuclear power plants;
b) Several hydropower plants.
2. The Minister of Industry and Trade shall submit
the list of power plants specified in clause 1 of this Article to the Prime
Minister for approval.
Article 5. Responsibilities for investment in
construction of power stations
1. Electricity generation units shall be
responsible for investment in construction of switching stations and electrical
substation under their management which synchronize with equipment for power
generation to be connected to the power system, unless otherwise agreed.
2. Electricity transmission units and electricity
distribution units shall be responsible for investment in construction of
switching stations, electrical substation and reactive power compensation
stations under their management, unless otherwise agreed.
Article 6. Construction and renovation of
electrical grids
1. Newly built lines, transmission substations and
power distribution stations must be designed and use technical equipment and
technologies in line with technical regulations and national standards (TCVN)
or foreign standards which are equivalent or higher permitted by competent
authorities for application in Vietnam.
2. Electricity transmission units and electricity
distribution units shall formulate a plan and road map for renovating and
upgrading lines, transmission substations and power distribution stations so
that they satisfy technical regulations and national standards (TCVN) or
foreign standards which are equivalent or higher permitted by competent
agencies for application in Vietnam.
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Article 7. Conditions for connection of
electrical works to national power grid
1. An electrical work connected to the national
power system must satisfy conditions and technical regulations and there must
be a connection agreement with power grid managing unit.
2. The Ministry of Industry and Trade shall
prescribe conditions, technical regulations, method for determining initial
costs of connection and annual charges for management and operation services
(if any); connection procedures; form of connection agreement.
Article 8. Assistance in investment in
electricity development in rural areas, mountainous areas and border areas, and
on islands
The Ministry of Finance shall preside over and
cooperate with the Ministry of Industry and Trade in implementing policies on
assistance in investment in electricity development in rural areas,
mountainous areas and border areas, on islands and in disadvantaged and
extremely disadvantaged areas.
Article 9. Demand side management
The demand side management specified in point a
clause 1 Article 16 of the Law on Electricity includes encouraging and
providing guidance on change of method of electricity use; use of high
efficiency electrical equipment; preventing power wastage and loss; reducing
peak load, reducing load difference between peak hours and off-peak hours.
Article 10. Responsibility for demand side
management
1. The Ministry of Industry and Trade shall:
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b) Promulgate technical regulations and guidelines
for implementing regulations of law on demand side management;
c) Instruct electric utilities to implement and
assess results of implementation of demand side management programs and plans;
d) Preside over and cooperate with the Ministry of
Finance in formulating and promulgating financial mechanisms to encourage and
assist in the implementation of the national demand side management program;
carry out research and development activities related to demand side
management.
2. People’s Committees of provinces shall:
a) Develop a program and solutions for management
of demand of and efficient electricity use by electricity customers under their
management; incorporate objectives of the program into the social-economic
development plan and local production plan, and inspect and assess the
implementation thereof; organize and allocate appropriate resources for demand
side management and effective electricity use;
b) Inspect, supervise and report to the Ministry of
Industry and Trade results of implementation of the program for management of
demand of and efficient electricity use by electricity consumers under their
management; promptly handle violations against regulations of law on
demand side management and effective electricity use.
3. Electric utilities shall:
a) Formulate a plan for and organize implementation
of activities of the national demand side management program;
b) Report results of implementation of demand side
management plans in accordance with regulations.
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Article 11. Power purchase agreements for
domestic use
1. Conditions for signing a power purchase
agreement for domestic use (hereinafter referred to as “domestic PPA”)
a)[9] The electricity purchaser must have full
civil legal capacity as per the law, have a request for electricity purchase
and residence information of the household where the electricity is purchased
or documents proving the ownership, management and use of place where the
electricity is purchased;
b) The electricity seller has a power distribution
grid fully capable of electricity supply meeting the demand of the electricity
purchaser.
1a. [10] An application for purchase of domestic
power submitted by the purchaser in physical or electronic form shall contain:
an application form for power purchase and one of the following documents:
a) Citizen ID card, ID card, certificate of
residence information, notice of personal identification number and citizen
information in the National Population Database of the representative of the
electricity purchaser. At a place where electricity purchase is registered, the
household purchaser can only sign 01 Agreement.
b) In case the household's residence information is
not used at the electricity purchase location, the electricity purchaser shall
provide a copy of one of the following documents: Certificate of house
ownership; certificate of land use rights (on land on which houses are
available); house division decision; house sales contract; house lease contract
with a term of 01 year or more or other documents proving the ownership,
management and use of the electricity purchase location with a term of 01 year
or more to apply for electricity purchase and only sign 01 Agreement.
2. The electricity seller must sign the agreement
and supply electricity to the purchaser within 07 working days when all
conditions set out in clause 1 of this Article are met.
3. In case where power distribution grid is not
available or the power distribution grid is overloaded as certified by the
electricity regulatory agency or authorized agency, the electricity seller
must, within 05 working days, send a written response to the electricity
purchaser which clearly states the estimated date of electricity supply.
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Article 12. PPA performance security
1. The electricity purchaser that is an electricity
consumer having an average power consumption of 1,000,000 kWh/month or more
shall have a performance security before the effective date of the PPA.
2. The value of the performance security shall be
agreed upon by the parties to the PPA but shall not exceed electricity charge
payable for 15-day period and is calculated on the basis of monthly power
consumption registered in the PPA and applicable price of electricity at normal
hours.
3. Method and effect of the performance security,
rights and obligations pertaining to the performance security shall be agreed
upon by the parties in the PPA; performance security in the form of a bank
guarantee is recommended.
4. The electricity seller is entitled to disconnect
electricity supply to the electricity purchaser if the electricity purchaser
fails to have a performance security or fails to maintain the performance
security.
5. Regulations on PPA performance security shall
not apply to PPAs coming into force before the effective date of this Decree,
except for the PPAs for which performance security has been agreed upon by the
two parties.
Article 13. Breaches of PPA
1. Breaches constituted by the electricity seller
include:
a) Postponing the electricity supply under the
signed PPA, unless the customer’s facility is not able to operate;
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c) Incorrectly recording meter readings;
incorrectly calculating electricity bill;
d) Postponing or failing to pay compensation for
the electricity purchaser for the damage they have caused;
dd) Other breaches of regulations on power
purchase.
2. Breaches constituted by the electricity
purchaser include:
a) Postponing the performance of the assigned
agreement;
b) Using electricity for the purposes other than
those stated in the agreement;
c) Exceeding the consumption registered in the load
profile stated in the PPA at peak hours;
d) Failing to liquidate the agreement in case
electricity is not used;
dd) Delaying paying electricity bills without any
legitimate reason;
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g) Other breaches of regulations on power purchase.
Article 14. Electricity supply disconnection and
reduction
1. The electricity seller is entitled to disconnect
or reduce electricity supply in the following cases:
a) Electricity supply is disconnected or reduced as
prescribed in Article 27 of the Law on Electricity;
b) The electricity purchaser violates the
regulations set out in clauses 1, 4, 5, 6, 7 and 8 Article 7 of the Law on
Electricity;
c) It is requested by a competent authority in case
the organization or individual violates regulations of the Law on Electricity,
Construction Law and law on environmental protection.
2. The Ministry of Industry and Trade shall
elaborate on conditions and procedures for electricity supply disconnection and
reduction; costs of electricity supply disconnection and electricity
reconnection.
Article 15. Electric power quality
1. Voltage and frequency for electricity use must
satisfy the following standards:
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b) Regarding frequency: Under normal conditions,
the permissible frequency deviation in the power system is within ± 0.2Hz of
the 50Hz nominal frequency. For the electrical grid which remains unstable
after a single fault, the permissible frequency deviation is ± 0.5Hz.
2. The Ministry of Industry and Trade shall
promulgate regulations on electric power quality standards in the power system.
3. The purchaser of electricity for the purpose of
production, business or service provision that has or does not have a separate
electrical substation provided and uses a maximum power of 40 kW or more shall:
a) Register the load profile and specifications of
electricity-using equipment with the electricity seller;
b) Ensure that the factor cosφ is ≥ 0.9 at the
position where the electricity metering device is located when the power system
ensures its electric power quality as prescribed in clause 1 of this Article;
c) Install a reactive power compensation device if
the facto cos φ is < 0.9 so as to increase coefficient cos φ to ≥ 0.9 or
purchase reactive power on power system of the electricity seller.
Within 01 year from the effective date of this
Decree, the electricity purchaser must not buy reactive power upon when
maintaining the power factor cosφ at 0.85 or more;
d) Satisfy technical standards about harmonic,
voltage oscillator, and voltage flicker in accordance with regulations.
4. If the electricity purchaser is able to generate
reactive power on the power system and the electricity seller wishes to buy the
reactive power, the two parties may agree on purchase and sale of the reactive
power under an agreement.
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6. The Ministry of Industry and Trade shall provide
guidance on the purchase and sale of reactive power as prescribed in this
Article.
Article 16. Electricity metering
1. When changing the electricity metering device,
the electricity purchaser and the electricity seller must jointly sign a
certification of specifications of the electricity metering device and the
meter readings.
2. In case the electricity metering device is lost
or broken, two parties shall make a record so as to identify the cause and
responsibility of the parties involved. In case it is not at the electricity
purchaser’s fault, the electricity seller shall repair or replace the
electricity metering device and continue supplying electricity to the electric
purchaser.
3. The new electricity user shall notify the
electricity seller so as to check the metering system after receiving it.
During the period the electricity seller has not been notified, the electricity
user must be responsible for the received metering system. The electricity
seller shall continue supplying electricity, check the metering system and sign
a PPA if the new electricity user has met all conditions.
4. The Ministry of Industry and Trade shall
prescribe the metering in the power system; the collection, transmission and
management of data obtained from automatic metering in the power system.
Article 17. Recording of meter readings
1. In the case of purchase of electricity for
domestic use, the electricity seller shall record meter readings every month
once on, immediately before or after a given day, except for force majeure
events.
2. In the case of purchase of electricity for
non-domestic use, the recording of meter readings is prescribed as follows:
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b) 50,000 to 100,000 kWh/month, record the readings
twice a month;
c) More than 100,000 kWh/month, record the readings
three times a month;
3. For the electricity purchaser using electricity
less than 15 kWh/month, the recording frequency shall be agreed upon by the two
parties.
4. In the case of electricity wholesaling, the
recording of readings shall be agreed upon by the two parties.
5. The electricity seller must ensure accuracy of
the recorded readings.
Article 18. Responsibility of electricity
purchasers for electricity meter protection
1. Protect electricity meters under their
management as agreed upon under the PPA. If the electricity meter is lost,
compensation shall be provided, if broken, the cost of repair or testing shall
be paid.
2. Do not dismantle or move the electricity meter
without permission. If the electricity meter needs to be moved to another
position, it is required to obtain consent of the electricity seller and pay
the cost incurred.
Article 19. Test of electricity metering devices
against which complaints are filed
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2. The independent testing organization invited by
the Department of Industry and Trade to test electricity metering devices must
be an organization that does not have rights and interests related to
electricity sellers and purchasers and have not participated in testing of the
electricity metering devices against which complaints are filed.
Article 20. Payment of electricity bills
1. An electricity bill is prepared according to the
metering cycle. Method of notification of electricity bill payment shall be
agreed upon by the two parties under the PPA.
2. If the electricity metering device is not
accurate as prescribed in standards, the electricity bill must be paid as
prescribed in Article 23 of the Law on Electricity, clause 9 Article 1 of Law
on Amendments to a number of Articles of the Law on Electricity and defined as
follows:
a) If the period of time over which the electricity
metering device is not accurate is identified, the electricity seller must
repay overpayment or claim underpayment based on actual electricity bills;
b) In case of failure to identify the period of
time over which the electricity metering device runs fast, the electricity
seller must repay the electricity bill overpayment on the basis of 01 meter
reading recording cycle exclusive of the period of time over which electricity
is being used before the recording date.
3. If the electricity purchaser uses electricity
during the period the metering system is faulty causing the meter to stop
working, the electricity bill payable shall be calculated by multiplying the
daily average electricity used of preceding 03 metering cycles by the actual
number of days of electricity use. The actual number of days of electricity use
shall begin from the time the meter stops working which is recorded in the meter’s
memory or from the last day of meter reading recording if the meter fails to
record the time the meter stops working till the day on which the metering
system is resumed.
4. If the electricity purchaser uses electricity
during the period the metering system is lost, the electricity bill payable
shall be calculated by multiplying the daily average electricity used of
preceding 03 metering cycles by the actual number of days of electricity use. The actual number of days of electricity use
shall begin from the last day of meter reading recording to the day on which
the meter is installed and works again.
5. It is recommended that electricity bill payment
be made via bank or at payment locations of the electricity seller.
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Article 21. Right to enter electricity
purchaser's premises
Any person nominated by the electricity utility to
enter the electricity purchaser's premises to perform his/her tasks as
prescribed in point c clause 1 Article 41, point d clause 1 Article 43 and
point d clause 1 Article 44 of the Law on Electricity must present one of the
following papers to the electricity purchaser:
1. Electricity inspector’s card in the case of
electric power inspection.
2. Official’s or employee’s card issued by the
electricity seller to the employee recording meter readings, maintaining,
repairing and replacing electrical equipment of the electricity distribution
unit.
Article 22. Sale and purchase of electricity
with foreign countries
1. The authorities competent to permit the sale and
purchase of electricity with foreign countries defined in clause 1 Article 28
of the Law on Electricity includes:
a) The Prime Minister who shall approve guidelines
for the sale and purchase of electricity with foreign countries through the
national electrical grid at a voltage of 220 kV or more. The Ministry of
Industry and Trade shall consider electric utilities’ requests for the sale and
purchase of electricity with foreign countries and submit them to the Prime
Minister;
b) The Ministry of Industry and Trade shall approve
guidelines for the sale and purchase of electricity with foreign countries
through the national electrical grid at a voltage of less than 220 kV at the
request of electricity utilities.
2. An electricity consumer in a border area prescribed
in clause 3 Article 28 of the Law on Electricity may only buy electricity
directly with a foreign country at a voltage of 0.4 kV and must meet fully the
following conditions:
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b) The electricity consumption is less than 10 kW
and the connection to the national power system or local electrical grid is
impossible;
c) The
electricity purchaser invests in, manages and operates the entire power grid
from the border area to the location of electricity users;
d) Standards and technical regulations on
electrical safety are satisfied;
dd) Consent of the district-level People’s
Committee is obtained.
3. The provincial People’s Committee shall provide
guidance on, manage, supervise and inspect the purchase of electricity with
foreign countries as prescribed in clause 2 of this Article.
Article 23. Responsibilities for reporting
electricity production costs and financial statements
1. Electricity utilities shall submit reports on
electricity production costs and annual audited financial statements already to
the electricity regulatory agency.
2. The Ministry of Industry and Trade
shall define electricity utilities that are responsible for the reporting;
provide guidance on reporting and procedures for preparing electricity
production reports, check and confirm prices of electricity production of
electricity utilities defined in clause 1 of this Article.
Article 24. Approval of electricity prices and
charges
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2. The Minister of Industry and Trade shall
approve:
a) Fees for load dispatching and power system
operation, fees for regulation of transactions in the electricity market after
conferring the Ministry of Finance;
b) Electricity generation price bracket,
electricity wholesaling price bracket, prices of electricity transmission,
prices of ancillary services for the power system, except for the case
specified in clause 22 Article 1 of the Law on Amendments to a number of
Articles of the Law on Electricity.
Article 25. Two-tiered electricity prices
Two-tiered electricity prices applied include
capacity add-on price and electricity price. The Ministry of Industry and Trade
shall formulate and submit to the Prime Minister a road map for application and
define eligible entities.
Article 26. Electricity generation prices and
electricity wholesaling prices
1. The electricity generation price and electricity
wholesaling price under a fixed-term PPA shall be agreed upon by the
electricity purchaser and the electricity seller by adopting the method on
which guidance is provided by the Ministry of Industry and Trade but not exceed
the price bracket already approved by the competent authority.
2. During negotiation, in case of failure to reach
an agreement on the electricity generation price or electricity wholesaling
price in order to sign a PPA with a defined term, the Ministry of Industry and
Trade shall decide a provisional price for application until the electricity
seller and the electricity purchaser reach an agreement on an official price.
3. The Ministry of Industry and Trade shall provide
guidance on implementation of clause 1 and clause 2 of this Article.
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1. The electricity regulatory agency shall inspect
the following agreements:
a) Fixed-term PPAs between electricity generation
units and electricity purchasers; ancillary services agreement between
electricity generation units and power system and electricity market operating
units;
b) Fixed-term PPAs in the electricity wholesaling
market; fixed-term PPAs of power corporations.
2. Contents of the inspection shall comply with
Article 22 of the Law on Electricity.
3. The Ministry of Industry and Trade shall
promulgate model agreements, procedures for inspection of PPAs specified in
clause 1 of this Article and handle PPAs in violation of regulations.
Article 28. [12] (annulled)
Article 29. Requirements for licensing electricity
generation
The organization established under regulations of
law and registering for electricity generation shall satisfy the following
conditions:[13]
1. [14] There is a power plant construction project
which is compliance with the approved power development planning. Work items of
the power plants are built or installed according to the approved design,
tested or commissioned as prescribed.
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3. There are information technology infrastructure,
system for control, supervision, and collection of data which conform to
requirements of the power system and electricity market in accordance with
regulations of law.
4. [15] (annulled)
5. There is an environmental impact assessment
report and environmental protection commitment prepared for the electricity
generation project, which are approved or accepted by the competent authority
in accordance with regulations of law environmental protection.
6. [16] (annulled)
7. There is a reservoir operation procedure in the
case of a hydropower plant approved by the competent authority.
8. Legal documents on safety of hydropower dams for
hydropower plants under regulations of law.
Article 30. Requirements for licensing
electricity transmission
The organization established under regulations of
law and registering for electricity transmission shall satisfy the following
conditions:[17]
1. [18] There must be equipment, power lines and
substations that are built or installed in accordance with approved technical
designs; that have undergone testing or commissioning which shows that the
results are satisfactory.
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The person directly involved in operation must have
a degree in electricity, trained in electrical safety and granted a certificate
of operation in accordance with regulations.
Article 31. Requirements for licensing
electricity distribution
The organization established under regulations of
law and registering for electricity distribution shall satisfy the following
conditions: [20]
1. [21] There must be equipment, power lines and
substations that are built or installed in accordance with approved technical
designs; that have undergone testing or commissioning which shows that the
results are satisfactory.
2. [22] The person directly involved in technical
management must have at least a bachelor’s degree in electrical engineering and
have at least 03 years of work experience in electricity distribution.
The person directly involved in operation must have
a degree in electricity, trained in electrical safety and granted a certificate
of operation in accordance with regulations.
3. [23] (annulled)
Article 31a. [24] Requirements for fire fighting and prevention during the process
of carrying out electricity-related activities
The power generation, transmission and distribution
shall comply with regulations of the law on fire fighting and prevention.
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The organization established under regulations of
law and registering for electricity wholesaling shall satisfy the following
conditions:
The person directly involved in electricity
wholesaling must have at least a bachelor’s degree in electrical engineering,
engineering, economics or finance and have at least 05 years of work experience
in electricity trading.
Any unit satisfying the conditions for electricity
wholesaling is permitted to import and export electricity.
2. [26] (annulled)
3. [27] (annulled)
4. [28] (annulled)
Article 33. Requirements for licensing
electricity retailing
The organization established under regulations of
law and registering for electricity retailing shall satisfy the following
conditions: [29]
1. [30] The person directly involved in electricity
wholesaling must have at least a bachelor’s degree in electrical engineering,
engineering, economics or finance and have at least 03 years of work experience
in electricity trading.
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3. [32] (annulled)
Article 34. [33] (annulled)
Article 35. [34] (annulled)
Article 36. [35] (annulled)
Article 37. [36] (annulled)
Article 38. Electrical consulting services [37]
1. Conditions for provision of electrical
consulting services shall only apply to work items directly related to
electricity, other work items shall apply the conditions prescribed by the law
on construction.
2. Electrical consulting services include
electrical work design consulting and electrical work construction supervision
consulting.
3. Electrical works include:
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b) Power lines and substations.
4. A table showing capacity of electrical works
applied to electrical consulting services:
Hydropower,
wind power and solar power plant
Thermal power
plant
Power line and
substation
Class 1
Not limited
Not limited
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Class 2
Up to 300 MW
Up to 300 MW
Up to 220 kV
Class 3
Up to 100 MW
Up to 110 kV
Class 4
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Article 29. Conditions for issuing licenses for
provision of hydropower plant design consulting service [38]
Upon registration of its hydropower plant design
consulting service, the provider established in accordance with the law shall
satisfy the following conditions:[39]
1. [40] (annulled)
2. [41] (annulled)
3. [42] The consultant holding the president title
must have at least a bachelor's degree in electrical engineering or hydropower
engineering or irrigation; must have at least 05 years’ experience in provision
of consulting services; has acted as the president in charge of at least 01
project or participated in designing at least 02 projects on hydropower plants
of equivalent class; must obtain the construction practicing certificate in the
field of design of hydropower plants of equivalent class.
4. [43] (annulled)
5. [44] (annulled)
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Article 39a. [46] Conditions for issuing
licenses for provision of wind power and solar power plant design consulting
services
Upon registration of its wind power plant/solar
power plant design consulting service, the provider established in accordance
with the law shall satisfy the following conditions:
1. The consultant holding the president title must
have at least a bachelor's degree in electrical engineering or renewable
energy; must have at least 05 years’ experience in provision of consulting
services; has acted as the president in charge of at least 01 project or
participated in designing at least 02 projects on wind power plants/solar power
plants of equivalent class; must obtain the construction practicing certificate
in the field of design of wind power plants/solar power plants of equivalent
class.
2. Other consultants must have at least a
bachelor’s degree in geodesy, geology, construction, renewable energy,
electrical engineering - construction, electrical engineering, electric power
system, electrical equipment or automation; must have at least 05 years'
experience in provision of consulting services; have participated in designing
at least project on the wind power plant/solar power plant of equivalent class;
must have the construction practicing certificate in the field of design of the
wind power plant/solar power plant of equivalent class.
Article 40. Conditions for issuing licenses for
provision of thermal power plant design consulting service [47]
Upon registration of its thermal power plant design
consulting service, the provider established in accordance with the law shall
satisfy the following conditions: [48]
1. [49] (annulled)
2. [50] (annulled)
3. [51] The consultant holding the president title
must have at least a bachelor's degree in electrical engineering or thermal
power engineering; must have at least 05 years’ experience in provision of
consulting services; has acted as the president in charge of at least 01
project or participated in designing at least 02 projects on thermal power
plants of equivalent class; must obtain the construction practicing certificate
in the field of design of thermal power plants of equivalent class.
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5. [53] (annulled)
6. [54] Other consultants must have at least a
bachelor’s degree in geodesy, geology, construction, electrical engineering,
thermal power engineering, electrical equipment or automation; must have at
least 05 years' experience in provision of consulting services; have
participated in designing at least 01 project on the thermal power plant of
equivalent class; must have the construction practicing certificate in the
field of design of the thermal power plant of equivalent class.
Article 41. Conditions for issuing licenses for
provision of power line and substation design consulting services [55]
Upon registration of its power line and substation
design consulting service, the provider established in accordance with the law
shall satisfy the following conditions:[56]
1. [57] (annulled)
2. [58] (annulled)
3. [59] The consultant holding the president title
must have at least a bachelor's degree in electrical engineering; must have at
least 05 years’ experience in provision of consulting services; has acted as
the president in charge of at least 01 project or participated in designing at
least 02 projects on power lines and substations of equivalent class; must
obtain the construction practicing certificate in the field of design of power
lines and substations of equivalent class.
4. [60] (annulled)
5. [61] (annulled)
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Article 42. Conditions for issuing licenses for
provision of hydropower plant construction supervision consulting services
[63]
Upon registration of its hydropower plant
construction supervision consulting service, the provider established in
accordance with the law shall satisfy the following conditions:[64]
1. [65] (annulled)
2. [66] (annulled)
3. [67] The consultant holding the chief supervisor
title must have at least a bachelor's degree in electrical engineering or
hydropower engineering or irrigation; must have at least 05 years’ experience
in provision of consulting services; has acted as the chief supervisor of at
least 01 project or participated in supervising construction of at least 02
projects on hydropower plants of equivalent class; must obtain the construction
practicing certificate in the field of construction supervision of hydropower
plants of equivalent class.
4. [68] (annulled)
5. [69] (annulled)
6. [70] Other consultants must have at least a
bachelor’s degree in construction, irrigation, hydropower engineering,
electrical engineering, electric power system, electrical equipment or
automation; must have at least 05 years' experience in provision of consulting
services; have participated in supervising construction of at least 01 project
on the hydropower plant of equivalent class; must have the construction
practicing certificate in the field of construction supervision of the
hydropower plant of equivalent class.
Article 42a. Conditions for issuing licenses for
provision of wind power and solar power plant construction supervision
consulting services [71]
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1. The consultant holding the chief supervisor
title must have at least a bachelor's degree in electrical engineering or
renewable energy; must have at least 05 years’ experience in provision of
consulting services; has acted as the chief supervisor of at least 01 project
or participated in supervising construction of at least 02 projects on wind
power plants/solar power plants of equivalent class; must obtain the
construction practicing certificate in the field of construction supervision of
wind power plants/solar power plants of equivalent class.
2. Other consultants must have at least a
bachelor’s degree in construction, renewable energy, electrical engineering,
electric power system, electrical equipment or automation; must have at least
05 years' experience in provision of consulting services; have participated in
supervising construction of at least 01 project on the wind power plant/solar
power plant of equivalent class; must have the construction practicing certificate
in the field of construction supervision of the wind power plant/solar power
plant of equivalent class.
Article 43. Conditions for issuing licenses for
provision of thermal power plant construction supervision consulting
services
Upon registration of its thermal power construction
supervision consulting service, the provider established in accordance with the
law shall satisfy the following conditions:[72]
1. [73] (annulled)
2. [74] (annulled)
3. [75] The consultant holding the chief supervisor
title must have at least a bachelor's degree in electrical engineering or
thermal power engineering; must have at least 05 years’ experience in provision
of consulting services; has acted as the chief supervisor of at least 01 project
or participated in supervising construction of at least 02 projects on thermal
power plants of equivalent class; must obtain the construction practicing
certificate in the field of construction supervision of thermal power plants of
equivalent class.
4. [76] (annulled)
5. [77] (annulled)
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Article 44. Conditions for issuing licenses for
provision of power line and substation construction supervision consulting
services
Upon registration of its power line and substation
construction supervision consulting service, the provider established in
accordance with the law shall satisfy the following conditions:[79]
1. [80] (annulled)
2. [81] (annulled)
3. [82] The consultant holding the chief supervisor
title must have at least a bachelor's degree in electrical engineering; must
have at least 05 years’ experience in provision of consulting services; has
acted as the chief supervisor of at least 01 project or participated in
supervising construction of at least 02 projects on power lines and substations
of equivalent class; must obtain the construction practicing certificate in the
field of construction supervision of power lines and substations of equivalent
class.
4. [83] (annulled)
5. [84] (annulled)
6. [85] Other consultants must have at least a
bachelor’s degree in construction, electrical engineering, electric power
system, electrical equipment or automation; must have at least 05 years'
experience in provision of consulting services; have participated in
supervising construction of at least 01 project on the power line and
substation of equivalent class; must have the construction practicing
certificate in the field of construction supervision of the power line and
substation of equivalent class.
Article 45. The power to issue and amend
electricity license [86]
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a) The Ministry of Industry and Trade shall issue
the electricity license intended for electricity transmission and generation by
large-scale power plants on the list of large-scale power plants of critical
importance in respect of society, economy, national defense and security
approved by the Prime Minister;
b) The Electricity Regulatory Authority shall issue
the electricity license intended for electricity distribution, electricity wholesaling,
electricity retail, electrical consulting services and electricity generation
by power plants with a capacity of at least 03 MW other than those specified in
point a of this clause;
c) People’s Committees of provinces shall issue the
electricity license to organizations and individuals involved in
electricity-related activities on a small scale within their provinces under
the guidance of the Ministry of Industry and Trade.
2. The electricity license shall be amended in the
following cases:
a) The amendment is requested by the license holder
as one of the contents of the electricity license is changed;
b) If socio - economic benefits and public benefits
require protection, the issuing authority is entitled to amend the electricity
license intended for electricity transmission and distribution. The amendment
must be within the capacity of the license holder.
c) If the issued license is found having mistakes,
the issuing authority shall amend it.
Article 46. Revocation of electricity license
1. Electricity license holders shall have their
electricity license revoked in the cases specified in Article 37 of the Law on
Electricity.
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3. Within 90 days from the date on which the
license is revoked, the electricity utility is entitled to complain to the
competent authority about the license revocation.
Article 47. Fees and charges for appraisal of
applications for issuance of electricity licenses
1. Every electricity license holder has the
responsibility to:
a) pay charges for issuance of the electricity
license;
b) pay fees for appraisal of the application for
issuance of the electricity license.
2. The Ministry of Finance shall provide detailed
guidance on the charges and fees for appraisal of applications for issuance of
electricity licenses prescribed in clause 1 of this Article, and collection,
payment, management and use thereof.
Article 48. Electricity regulation
1. The electricity regulation shall comply with
clause 1 Article 66 of the Law on Electricity and clause 23 Article 1 of the
Law on Amendments to a number of Articles of the Law on Electricity.
2. The electricity regulatory agency is an agency
which assists the Minister of Industry and Trade to implement the provisions on
electricity regulation. The Minister of Industry and Trade shall request the
Prime Minister to define organizational structures, functions, tasks and powers
of electricity regulatory agency.
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1. The Ministry of Industry and Trade shall
prescribe contents, authority and procedures for inspection and settlement of
disputes in electricity activity and electricity use.
2. The electricity regulatory agency and provincial
People’s Committees shall, within their power, organize inspection, supervision
and handling of violations with respect to electricity activity and electricity
use. Provincial People’s Committees shall fully provide personnel for
inspection of electricity activity and electricity use within their provinces.
3. Electric utilities shall inspect the
implementation of regulations of law on electricity use and protection of
safety of electrical works and electrical grids.
Article 50. Effect [87]
1. This Decree comes into force as of December 10,
2013.
2. The Government’s Decree No. 105/2005/ND-CP dated
August 17, 2005 elaborating some Articles of the Electricity Law and the Law on
Amendments to a number of Articles of the Law on Electricity shall cease to
have effect from the effective date of this Decree.
Article 51. Responsibility for implementation
1. The Minister of Industry and Trade shall provide
guidelines for implementation of the Articles and clauses enshrined in the
Electricity Law, the Law on Amendments to a number of Articles of the Law on
Electricity and this Decree; provide guidelines for other regulations set out
in this Decree with a view to facilitating the state management.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, Chairpersons of People’s Committees of provinces and
central-affiliated cities and organizations and individuals concerned are
responsible for the implementation of this Decree./.
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CERTIFIED BY
PP. THE
MINISTER
THE DEPUTY MINISTER
Dang Hoang An
[1] Preludes
to the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on
amendments to certain Decrees related to business conditions under state
management of the Ministry of Industry and Trade:
“Pursuant to the Law on Government
Organization dated June 19, 2015;
Pursuant to the Commercial Law dated June 14,
2005;
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Pursuant to the Law on Chemicals dated November
21, 2007;
Pursuant to the Law on Food safety dated June
17, 2010;
Pursuant to the Law on Prevention and Control of
Tobacco’s Harmful Effects dated June 18, 2012;
Pursuant to the Law on Electricity dated
December 03, 2004 and the Law on Amendments to certain articles of the Law on
Electricity dated November 20, 2012;
Pursuant to the Ordinance on Management and use
of weapons, explosives and combat gear dated June 30, 2011 and the Ordinance on
Amendments to certain articles of the Ordinance on Management and use of
weapons, explosives and combat gear dated July 12, 2013;
Pursuant to the Law on Investment dated November
26, 2014 and the Law on Amendments to Article 6 and Appendix No. 4 on the list
of conditional business lines of the Law on Investment dated November 22, 2016;
At the request of the Minister of Industry and
Trade,”
Preludes to the Government’s Decree No.
17/2020/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade:
“Pursuant to the Law on Government
Organization dated June 19, 2015;
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Pursuant to the Law on Chemicals dated November
21, 2007;
Pursuant to the Law on Food safety dated June
17, 2010;
Pursuant to the Law on Electricity dated
December 03, 2004 and the Law on Amendments to certain articles of the Law on
Electricity dated November 20, 2012;
Pursuant to the Law on Prevention and Control of
Tobacco’s Harmful Effects dated June 18, 2012;
Pursuant to the Law on Investment dated November
26, 2014 and the Law on Amendments to Article 6 and Appendix No. 4 on the list
of conditional business lines of the Law on Investment dated November 22, 2016;
Pursuant to the Law on Prevention and Control of
Harmful Effects of Alcoholic Beverages dated June 14, 2019;
At the request of the Minister of Industry and
Trade;”
Preludes to the Government’s Decree No.
104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and
presentation of household registration books and temporary residence
registration books upon carrying out administrative procedures or providing
public services:
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Government dated November 22,
2019;
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At the request of the Minister of Public
Security;”
[2] This clause is annulled
by clause 1 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[3] This point is amended
by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[4] This clause is annulled
by clause 2 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[5] This point is amended
by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[6] This clause is annulled
by clause 2 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[7] This point is amended
by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[8] This clause is amended
by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[9] This point is amended
by clause 1 Article 8 of the Government’s Decree No. 104/2022/ND-CP dated
December 21, 2022 amendments to Decrees on submission and presentation of household
registration books and temporary residence registration books upon carrying out
administrative procedures or providing public services, which has been
effective since January 01, 2023.
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[11] This clause is
amended by clause 3 Article 8 of the Government’s Decree No. 104/2022/ND-CP
dated December 21, 2022 amendments to Decrees on submission and presentation of
household registration books and temporary residence registration books upon
carrying out administrative procedures or providing public services, which has
been effective since January 01, 2023.
[12] This Article is
annulled by clause 3 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[13] This paragraph is
amended by point a clause 2 Article 6 of the Government’s Decree No.
08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade, which has been effective since January 15, 2018.
[14] This clause is
amended by point b clause 2 Article 6 of the Government’s Decree No.
08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade, which has been effective since January 15, 2018.
[15] This clause is annulled
by clause 1 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated
February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[16] This clause is
annulled by clause 1 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[17] This paragraph is
amended by point a clause 3 Article 6 of the Government’s Decree No.
08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade, which has been effective since January 15, 2018.
[18] This clause is
amended by point a clause 1 Article 3 of the Government’s Decree No.
17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees
related to necessary business conditions in fields under the management of the
Ministry of Industry and Trade, which has been effective since March 22, 2020.
[19] This clause is
amended by point b clause 1 Article 3 of the Government’s Decree No.
17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees
related to necessary business conditions in fields under the management of the
Ministry of Industry and Trade, which has been effective since March 22, 2020.
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[21] This clause is
amended by clause 2 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[22] This clause is
amended by clause 2 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[23] This clause is
annulled by clause 4 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[24] This Article is added
by clause 3 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated
February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[25] This clause is
amended by clause 4 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[26] This clause is
annulled by clause 5 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[27] This clause is
annulled by clause 5 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[28] This clause is
annulled by clause 5 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[29] This paragraph is
amended by point a clause 6 Article 6 of the Government’s Decree No.
08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade, which has been effective since January 15, 2018.
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[31] This clause is
annulled by clause 6 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[32] This clause is
annulled by clause 6 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[33] This Article is
annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[34] This Article is
annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[35] This Article is
annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[36] This Article is
annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[37] This Article is
amended by clause 6 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[38] Title of this Article
is amended by clause 7 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[39] This paragraph is
amended by clause 8 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
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[41] This clause is
annulled by clause 8 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[42] This clause is
amended by clause 8 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[43] This clause is
annulled by clause 8 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[44] This clause is
annulled by clause 2 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[45] This clause is
amended by clause 8 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[46] This Article is added
by clause 9 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated
February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[47] Title of this Article
is amended by clause 10 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[48] This paragraph is
amended by clause 11 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[49] This clause is
annulled by clause 9 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
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[51] This clause is
amended by clause 11 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[52] This clause is annulled
by clause 9 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated
January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[53] This clause is
annulled by clause 3 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[54] This clause is
amended by clause 11 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[55] Title of this Article
is amended by clause 12 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[56] This paragraph is
amended by clause 13 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[57] This clause is
annulled by clause 10 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[58] This clause is
annulled by clause 10 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[59] This clause is
amended by clause 13 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
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[61] This clause is
annulled by clause 4 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[62] This clause is
amended by clause 13 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[63] Title of this Article
is amended by clause 14 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[64] This paragraph is
amended by clause 15 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[65] This clause is
annulled by clause 11 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[66] This clause is
annulled by clause 11 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[67] This clause is
amended by clause 15 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[68] This clause is
annulled by clause 11 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[69] This clause is
annulled by clause 5 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
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[71] This Article is added
by clause 16 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated
February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[72] This paragraph is
amended by point a clause 12 Article 6 of the Government’s Decree No.
08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade, which has been effective since January 15, 2018.
[73] This clause is
annulled by clause 12 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[74] This clause is
annulled by clause 12 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[75] This clause is
amended by clause 17 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[76] This clause is
annulled by clause 12 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[77] This clause is
annulled by clause 6 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[78] This clause is
amended by clause 17 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[79] This paragraph is
amended by point a clause 13 Article 6 of the Government’s Decree No.
08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and
Trade, which has been effective since January 15, 2018.
...
...
...
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[81] This clause is
annulled by clause 13 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[82] This clause is
amended by clause 18 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[83] This clause is
annulled by clause 13 Article 7 of the Government’s Decree No. 08/2018/ND-CP
dated January 15, 2018 on amendments to certain Decrees related to business
conditions under state management of the Ministry of Industry and Trade, which
has been effective since January 15, 2018.
[84] This clause is
annulled by clause 7 Article 4 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[85] This clause is
amended by clause 18 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[86] This Article is
amended by clause 19 Article 3 of the Government’s Decree No. 17/2020/ND-CP
dated February 05, 2020 on amendments to some Articles of Decrees related to
necessary business conditions in fields under the management of the Ministry of
Industry and Trade, which has been effective since March 22, 2020.
[87] Article 19 of the
Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to
certain Decrees related to business conditions under state management of the
Ministry of Industry and Trade, which has been effective since January 15,
2018, stipulates that:
“Article 19. Effect and implementation
1. This Decree comes into force from the signing
date.
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Article 21 of the Government’s Decree No.
17/2020/ND-CP dated January 15, 2018 on amendments to certain Decrees related
to business conditions under state management of the Ministry of Industry and Trade,
which has been effective since March 22, 2020, stipulates that:
“Article 21. Effect and implementation
1. This Decree comes into force from March 22,
2020, except for the regulations laid down in clauses 2 and 3 of this Article.
2. Regulations on manufacturing, assembly and
import of motor vehicles and provision of motor vehicle warranty and
maintenance services specified in this Decree come into force from the date of
its signature.
3. Regulations on spirit trading specified in
this Decree come into force from the date of its signature.
4. The phrase “danh nghĩa Quốc gia Việt
Nam” (“the name of Vietnam”) in Point dd Clause 6 and content “Việc tổ chức
tham gia hội chợ, triển lãm thương mại tại nước ngoài với danh nghĩa Quốc gia
Việt Nam phải đạt được tiêu chuẩn theo quy định của Bộ Công Thương” (“The
organization of participation in overseas trade fairs and exhibitions under the
name of Vietnam must meet standards as regulated by the Ministry of Trade and
Industry”) in Clause 12 Article 29; the phrase “Văn bản thỏa thuận/Hợp đồng gửi
kèm” (“Enclosed with the agreement”) specified at ordinal number 11 in the Form
No. 01 and ordinal number 9 in the Form No. 02 and the phrase “việc sử dụng
danh nghĩa Quốc gia Việt Nam” (“Use of the word “Vietnam””) at ordinal number 1
in the Form No. 10 of the Appendix enclosed with the Government’s Decree
No. 81/2018/ND-CP dated May 22, 2018 are repealed”.
5. Ministers, heads of ministerial agencies,
heads of Governmental agencies, Chairpersons of People’s Committees of provinces
and central-affiliated cities shall provide guidelines for and implement this
Decree./.”
Article 15 of the Government’s Decree No.
104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and
presentation of household registration books and temporary residence
registration books upon carrying out administrative procedures or providing
public services, which has been effective since January 01, 2023, stipulate
that:
“Article 15. Responsibility for
implementation and implementation clause
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2. This Decree comes into force as of January
01, 2023.
3. From the effective date of
this Decree, administrative procedures and public services requiring the
submission and presentation of household registration books and temporary
residence registration books shall be replaced by the use of information on
residence as prescribed in Article 14 of this Decree.”