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THE MINISTRY OF FINANCE
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 167/2016/TT-BTC
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Hanoi, October 26, 2016
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CIRCULAR
ON ELECTRICITY OPERATING LICENSES
ASSESSMENT FEES, COLLECTION, TRANSFER, MANAGEMENT AND USE THEREOF
Pursuant to the Law on fees and charges dated November 25,
2015;
Pursuant to the Law on State budget dated June 25, 2015;
Pursuant to the Law on electricity dated December 3, 2004;
Pursuant to the Government’s Decree No. 120/2016/ND-CP dated
August 23, 2016 on guidelines for the Law on fees and charges;
Pursuant to the Government's Decree No. 137/2013/ND-CP dated
October 21, 2013 on guidelines for Law on Electricity and Law on amendments to
Law on Electricity;
Pursuant to the Government's Decree No. 215/2013/ND-CP dated
December 23, 2013 defining the functions, tasks, entitlements and
organizational structure of the Ministry of Finance;
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The Minister of Finance promulgates a Circular on electricity
operating licenses assessment fees, collection, transfer, management and use
thereof.
Article 1. Scope and regulated entities
1. Scope
This Circular deals with electricity operating licenses
assessment fees (hereinafter referred to as assessment fees), collection,
transfer, management and use thereof.
2. Regulated entities
This Circular applies to applicants for issuance of
electricity operating licenses; issuing authorities of electricity operating
licenses and organizations and individuals in connection with assessment for
issuance of electricity operating licenses.
Article 2. Payers
Any entity prescribed in Clause 1 and Clause 2 Article 28 of
Decree No. 137/2013/ND-CP dated October 21, 2013 on guidelines for the Law on
Electricity and the Law on the amendments to the Law on Electricity who applies
for issuance of an electricity operating license shall pay assessment fees in
accordance with this Circular.
Article 3. Collecting entity
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Article 4. Amount
1. A Schedule of assessment fees shall be issued herewith.
The fee for amendments to an electricity operating license
is equals to 50% of the assessment fee.
2. The payer shall pay fees in cash to the collecting entity
or transfer fund to the collecting entity’s account opened at a State Treasury.
Article 5. Statement and payment
1. No later than every 5th, the collecting entity shall
deposit the amount of fees collected last month to the account of fees pending transfer
to State budget opened at a State Treasury.
2. The collecting entity shall make monthly and annual
statements prescribed in Clause 3 Article 19 and pay fees as prescribed in
Clause 2 Article 26 of Circular No. 156/2013/TT-BTC dated November 6, 2013 of
the Minister of Finance on guidelines for the Law on Tax administration; Law on
amendments to the Law on Tax administration and the Decree No. 83/2013/ND-CP
dated July 22, 2013 of the Government.
Article 6. Management and use of fees
1. Each collecting agency shall transfer full amount of fees
collected to State budget. Expenses incurred from assessment and collection of
fees shall be covered as specified in the collecting agency’s estimates
according to State budget expenditures in accordance with regulations of law.
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Article 7. Implementation
1. This Circular comes into force from January 1, 2017,
replaces Circular No. 124/2008/TT-BTC dated December 19, 2008 of the Minister
of Finance on guidelines for assessment fees, collection, payment, management
and use.
2. If other contents in connection with collection and payment
of fees are not guided in this Circular, they shall apply responsive guidelines
in the Law on fees and charges, Decree No. 120/2016/ND-CP dated August 23, 2016
on guidelines for the Law on fees and charges; Circular No. 156/2013/TT-BTC
dated November 6, 2013 of the Minister of Finance on guidelines for the Law on
Tax administration; Law on amendments to the Law on Tax administration and the
Decree No. 83/2013/ND-CP dated July 22, 2013 of the Government and Circular of
the Minister of Finance on printing, issuance, management and use of documents
of collection of fees and charges payable to State budget and their amending
documents (if any).
3. Difficulties that arise during the implementation must be
reported to the Ministry of Finance for consideration./.
PP. MINISTER
DEPUTY MINISTER
Vu Thi Mai
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( Issued together with Circular No. 167/2016/TT-BTC dated
October 26, 2016 of the Ministry of Finance)
No.
Description
Amount (VND)
A
Assessment for issuance of license by central-government
authority
I
Specialized electricity consultancy
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II
Generation
1
Hydroelectric plants
1.1
Installed capacity of not exceeding 10 MW
10,600,000
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Installed capacity of at least 10 MW but not exceeding 30
MW
15,000,000
1.3
Installed capacity of at least 30 MW but not exceeding 100
MW
18,000,000
1.4
Installed capacity of at least 100 MW but not exceeding
300 MW
24,500,000
1.5
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28,800,000
2
Thermo-electric plants
2.1
Installed capacity of not exceeding 50 MW
17,800,000
2.2
Installed capacity of at least 50 MW but not exceeding 100
MW
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2.3
Installed capacity of at least 100 MW
28,800,000
III
Transmission
24,900,000
IV
Distribution
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Total length of transmission lines of not exceeding 1,000
km or total capacity of electrical substation of not exceeding 300 MVA
12,100,000
2
Total length of transmission lines of at least 1,000 km
but not exceeding 2,000 km or total capacity of electrical substation of at
least 300 MVA but not exceeding 600 MVA
13,700,000
3
Total length of transmission lines of at least 2,000 km
but not exceeding 3,000 km or total capacity of electrical substation of at
least 600 MVA but not exceeding 1,000 MVA
18,800,000
4
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21,800,000
V
Export and import
1
Capacity of not exceeding 10 MW
9,700,000
2
Capacity of at least 10 MW but not exceeding 100 MW
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3
Capacity of at least 100 MW but not exceeding 300 MW
16,200,000
4
Capacity of at least 300 MW
19,200,000
VI
Whole sale
19,200,000
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Retail sale
1
Commercial power consumption of not exceeding 10 GWh per
month
9,700,000
2
Commercial power consumption of at least 10 GWh but not
exceeding 50 GWh per month
12,500,000
3
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16,700,000
B
Assessment for issuance of license by People’s Committee
of province
1
Specialized electricity consultancy
800,000
2
Generation
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3
Distribution
800,000
4
Retail sale
700,000
Notes:
1. If an applicant
applies for issuance of license for at least 2 sectors of operation, the
assessment fee shall be calculated as follows:
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- P1: Highest assessment fee in each of operation
sectors for which license is applied (as specified in the above-mentioned
Schedule);
- Pi: Assessment fees of the rest of operation
spheres;
- 0,4: Adjustment coefficient.
2. With regard to assessment and issuance of electricity
distributing licenses: If total length of transmission lines and total capacity
of electrical substation do not incur the same amount of fees specified in
Section IV of the Schedule, the higher amount of fee shall prevail.
Example: An entity applying for assessment for issuance of
an electricity distributing license with total length of transmission lines
exceeds 3,000 km but total capacity of electrical substation is less than 300
MVA, the amount of fee for the length of transmission lines of VND 21,800,000
will prevail./.
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