|
THE NATIONAL
ASSEMBLY
-------
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
|
|
Law No.
24/2012/QH13
|
Hanoi,
November 20, 2012
|
LAW
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ELECTRICITY LAW
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented a
number of articles under the Resolution No. 51/2001/QH10;
The National Assembly promulgates
the Law on amending and supplementing a number of articles of the Electricity
Law No. 28/2004/QH11,
Article 1.
To amend and
supplement a number of articles of the electricity law as follows:
1. To supplement Clause 17 and
clause 18 to Article 3 as follows:
“17. The electricity wholesale
price means the electricity sale price of an electricity unit to another
for resale.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. To supplement Clause 1a to
behind clause 1; to amend and supplement clause 3 and clause 4 of Article 4 as
follows:
“1a. To prioritize development of
electricity to service for rural, mountainous, border areas, islands, and areas
in extremely difficult socio-economic conditions.
3. To apply scientific and
technological advances to electricity activities and use with a view to saving,
raising the efficiency of using various energy sources, environmental
protection; to encourage research, development, production and use of modern
equipment to service for the requirement of electricity development.
4. To step up the exploitation and
use of sources of new energies, renewable energy for electricity generation; to
have incentive policy for projects on investment in development of power plants
using sources of new energies, renewable energy.”
3. Clause 1 and clause 3 of
Article 8 are amended and supplemented as follows:
“1. The electricity development
plannings are specialized plannings including national electricity development
plannings and electricity development plannings of central-affiliated cities
and provinces. The electricity development plannings must be elaborated and
approved for use as basis for activities of investment in electricity
development and be adjusted to suit to the socio-economic conditions in each
period. The electricity development plannings must be suitable to plannings on
sources of primary energies used for electricity
generation including sources of new energies, renewable energy and with
calculation of other relevant plannings as prescribed by law.
3. The electricity development
plannings of central-affiliated cities and provinces are elaborated on the
basis of the local socio-economic development master plans and must be suitable
to the national electricity development plannings. The electricity development
plannings of central-affiliated cities and provinces are elaborated for each
ten-year period and with the orientation for the next ten years.”
4. To supplement Article 8a to
behind Article 8 as follows:
“Article 8a. Content of the
electricity development plannings
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) The overview on socio-economic
development situation and the national energy system in the planning periods;
b) The forecast of electricity
demand;
c) Assessment on sources of primary
energy, ability of exploitation, ability of energy import and export;
Assessment on ability of electricity exchange among regions, areas; forecast of
fuel prices for electricity production;
d) The programs on development of national
electricity include detailed programs for development of electricity sources,
development of Power grid, connection of Power grid with countries in the
region, development of rural electricity, development of sources of new
energies, renewable energies and other relevant contents;
dd) Synthesis of construction volume
and the investment capital for programs on national electricity development,
the economic - financial analysis of the programs on national electricity
development;
e) The environmental protection and
natural disaster fighting and prevention;
g) Anticipation on land fund for
electricity works;
h) The mechanisms, policies,
solutions ensure implementation of the programs on national electricity
development in the zoning periods.
2. The electricity development
plannings of central-affiliated cities and provinces include the following key
contents:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) The forecast of electricity demand
detailed for districts, towns, provincial cities in the planning period;
c) The assessment on potentiality to
develop local electricity sources including the electricity sources using new energies,
renewable energies; ability of electricity exchange with adjacent areas;
d) The assessment on conditions of
local electricity supply, especially areas in extremely difficult
socio-economic conditions;
dd) The programs to develop
electricity sources, power grids of central-affiliated cities and provinces for
terms of elaboration of plannings; design of development diagram of detailed
power grids for districts, towns, provincial cities;
e) The environmental protection and
natural disaster fighting and prevention;
g) Synthesis of construction volume
and the investment capital for programs on electricity development planning
being chosen, the economic - financial analysis of the chosen projects;
h) Anticipation on land fund for
electricity works;
i) The mechanisms, policies,
solutions ensuring implementation of the plannings on electricity development
of central-affiliated cities and provinces in the planning period.”
5. To amend, supplement name of
Article 9 and content of Clause 1, clause 2 of Article 9 as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. The Ministry of Industry and Trade
shall organize the elaboration of the national electricity development
plannings and submit them to the Prime Minister for approval; publicize and
guide, monitor and inspect the implementation of the approved national
electricity development plannings; specify the contents, order and procedures
for elaboration, appraisal, and adjustment of electricity development plannings
and guide elaboration of plans to deploy implementation.
2. The People's Committees of the
provinces or centrally run cities (hereinafter referred collectively to as the
provincial-level People's Committees) shall organize the elaboration of
electricity development plannings of central-affiliated cities and provinces
and submit them to the People's Councils of the same level for adoption before
their submission to the Minister of Industry and Trade for approval; publicize
and guide, monitor, inspect the implementation of the approved electricity
development plannings of central-affiliated cities and provinces.”
6. Clause 1 of Article 11 is
amended and supplemented as follows:
“1. Electricity development
investment must comply with electricity development plannings. Investment
projects not yet included in the electricity development plannings shall be
executed only when agencies elaborating the electricity development plannings
submit them to authorities competent to approve the plannings for permission.”
7. Point e, Clause 1 of Article 16
is amended and supplemented as follows:
“e) To organize energy auditing
periodically and apply adjusting measures after the audit conclusions as
prescribed by law on use of energy in thrifty and effectiveness."
8. Clause 2 of Article 18 is
amended and supplemented as follows:
“2. The Prime Minister shall provide
conditions, structure of electricity sector to form and develop levels of
electricity market; provide the roadmap of development of electricity markets,
review and adjust to push up the roadmap in conformity with the socio-economic
situation under each period.”
9. Clause 6 of Article 23 is
amended and supplemented as follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
10. Clause 2 of Article 24 is
amended and supplemented as follows:
“2. The electricity-measuring or
-counting equipment must ensure the technical requirements in measurement and
be tested, gauged, experimented as prescribed by law on measurement.”
11. To amend, supplement name of
Article 25 and content of Clause 1, clause 2 of Article 25 as follows:
“Article 25. Testing, gauging,
experiment of the electricity-measuring or -counting equipment
1. Only organizations of testing,
gauging, experiment which have been registered or appointed as prescribed by
law on measurement may test, gauge, experiment electricity-measuring or
-counting equipment.
2. The electricity sale parties are
responsible for organization of testing, gauging, experiment of the
electricity-measuring or -counting equipment in accordance with requirement and
time limit as prescribed by law on measurement.”
12. Point c, Clause 2 of Article
28 is amended and supplemented as follows:
“c) Not to cause harms to the
interests of electricity-using customers, interests of State and the national
energy security.”
13. To supplement Clause 1a to
behind clause 1; to amend and supplement clause 3 and clause 4 of Article 29 as
follows:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. To implement the structure of
electricity retail price table suitable to groups of
customers; the State support electricity retail price for living activities of
poor households, social policy households based on criteria prescribed by the
Prime Minister in conformity with the socio-economic situation in each period.
4. To ensure the right of subjects
buying or selling electricity on the electricity markets to determine by
themselves the electricity-buying or -selling prices within the price brackets
and electricity retail price table structure prescribed by the State.”
14. To supplement Clause 6 to
Article 30 as follows:
“6. The financial statement has been
audited annually of the electricity unit.”
15. Clauses 1, 2 and 3 of Article
31 are amended and supplemented as follows:
“1. The electricity retailing prices
shall be elaborated by the electricity retailing unit based on the price frame
of average electricity retail price, mechanism of adjustment of price and
structure of the electricity retail price table prescribed by the Prime
Minister in conformity with the level of development of the electricity market,
except for the case specified in clause 2 Article 62 of
this Law.
The Ministry of Industry and Trade
shall assume the prime responsibility for, and coordinate with the Ministry of
Finance to elaborate the price frame of the average electricity retail price,
mechanism of adjustment of price and structure of the electricity retail price
table and submit them to the Prime Minister for decision.
The adjustment of the electricity
retail price must be implemented publicly, transparently regarding changes of
component elements relating to adjustment of price. The State uses measures to
stabilize the electricity sale price in conformity with provisions of law on
price.
2. The brackets of electricity
generation prices, electricity-wholesaling prices, electricity transmission
prices, prices of auxiliary services for electrical system, charges for
regulating the electric-system operation and charges for electricity market
transaction administration shall be elaborated by the concerned electricity
units and appraised by the electricity-regulating agency before they are
submitted to the Minister of Industry and Trade, the Minister of Finance for
approval under assignment of the Government, except for the
case specified in clause 2 Article 62 of this Law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. The electricity-generating prices
under the contracts of electricity purchase with a defined term, the
electricity-wholesaling prices are implemented under agreements of electricity
units but not exceed the frame of electricity generation prices,
electricity-wholesaling prices have been approved.”
16. To amend, supplement Clause 1
and clause 4; supplement clause 5 to Article 32 as follows:
“1. Organizations, individuals are
granted license for conducting one or many fields of electricity activity
4. The Government shall specify the
conditions to grant licenses for each field of electricity activity.
5. The Ministry of Industry and Trade
shall stipulate order and procedures for grant, extension, amendment,
supplementation and the term of electricity activity licenses for each field of
electricity activity.”
17. Point a, Clause 2 of Article
39 is amended and supplemented as follows:
“a) To abide by the processes and
technical regulations on operation of power plants, electricity grids; for Hydropower
plants, regulations on safety of Hydropower dam and operation of water
reservoirs must be abided;”
18. Point c, Clause 1 of Article
44 is amended and supplemented as follows:
“c) To set the sale prices on the
competitive electricity retailing market as prescribed in clause 1 Article 31
of this Law, except for the cases prescribed in Clause 2, Article 62 of this
Law.”
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“Article 49. The responsibility in
cooperation to implement when building, renovating, ending usage of electricity
works and other works
4. When the electricity works are no
longer exploited, used, they must be handled, managed to ensure safety as
prescribed by the Government.”
20. Clause 1 of Article 54 is
amended and supplemented as follows:
“1. Power plants,
electricity-generating stations must be strictly protected, surrounded by
protection walls, signboards for electric safety, fire prevention and fighting;
unauthorized persons are not allowed to enter power plants,
electricity-generating stations.
Water reservoirs, Hydropower dams and
auxiliary works in service of Hydropower plants must be built, managed,
protected to ensure safety in operation of Hydropower plants and lowlands. All
acts of encroaching upon Hydropower dams, reservoir beds and polluting water
sources, which affect the electricity-generating capacity are strictly
forbidden.”
21. To supplement Article 59a to
behind Article 59 as follows:
“Article 59a. Handling of
electricity incidents
1. In case happening the electricity
incidents, the electricity units shall, within their duties, powers, handle as
prescribed by law.
2. In case happening the serious
electricity incidents which cause serious damages, promulgation of emergency
circumstance and application of the response measures must be implemented as
prescribed by law on emergency circumstances.”
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“ Article 62. The electricity sale
price in rural, mountainous, border and island areas
1. The electricity sale prices in
rural, mountainous, border and island areas which connecting with the national
Power grids, are implemented as prescribed in Article 31 of this Law.
2. The electricity sale prices in
rural, mountainous, border and island areas which having not yet connected with
the national Power grids, are implemented as follows:
a) The electricity retail prices for
living purpose are elaborated by the relevant electricity units, being decided
by the provincial People’s Committees in conformity with the mechanism on
electricity retail price support for living purpose at this area,having been
prescribed by the Prime Minister;
bOther electricity prices are
elaborated by the relevant electricity units, being decided by the provincial
People’s Committees under the principle of assurance of helping electricity
units cover full costs, attain reasonable profit for electricity units on the
basis of consultancy of the electricity regulation agency.”
23. To amend, supplement points
dd, g and k clause 1; to supplement point m and point n clause 1; to amend,
supplement clause 2 Article 66 as follows:
“dd) Formulating the price frame of
average electricity-retailing price, mechanisms of adjusting prices and
structure of electricity-retailing price tables; organizing the implementation
of electricity price-related mechanisms and policies;
g) Prescribing the frame of
electricity generation prices, electricity wholesaling prices, approving the
electricity transmission prices, prices of services supporting the electrical
system, charges for regulating the electric-system operation and charges for
electricity market transaction administration;
k) Inspecting, supervising the
adjustment and implementation of electricity prices;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
n) Inspecting and handling violation
in the electricity field as prescribed by law.
2. The Prime Minister shall specify
organization, functions, tasks, powers of the electricity-regulating agency.”
24. Article 67 is amended and
supplemented as follows:
“Article 67.
Electricity-specialized inspectorate
Electricity-specialized inspectorate
shall perform as prescribed by law on inspection.”
Article 2.
1. To amend and
supplement some terms of the electricity law as follows:
a) To replace the phrase “local
electricity development plannings” by the phrase “electricity development
plannings of central-affiliated cities and provinces” in clause 2 Article 10;
b) To replace the phrase “support
service charges” by the phase “support service prices” at the point h clause 1
Article 21; to replace the phrase “charges of assorted services” by the phrase
“support service prices” in point b clause 2 Article 21;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) To replace the word “rules” by the phrase “technical regulations” in clause 4 Article 11; point
b clause 2 Article 28, clause 2 Article 34; point dd, clause 1 Article 39;
point d clause 1 Article 40; point dd clause 1 Article 41; point b clause 1 and
point a clause 2 Article 45; point b clause 5 and clause 6 Article 54; clause 7
and clause 8 Article 55; clauses 1, 2, 3 and 7 article 57; clause 1 Article 64;
dd) To replace the phrase "technical
rules" by the phrase “technical regulations” in clause 12 article 3;
clause 5 article 55;
e) To replace the phrase “the
Ministry of Industry” by the phrase “the Ministry of Industry and Trade” in
clause 7 Article 3; clause 4 Article 10; clause 5 Article 11; clause 3 Article
13; clause 3 Article 21; point b clause 1 Article 34; clause 1 and clause 2
Article 38; clause 1 and clause 2 Article 56; clause 5 Article 59; clauses 3
article 61; clause 4 Article 64; clause 2 and clause 3 Article 65.
2. To annul the word “ordering” in
clause 1 Article 18; to annul point b, clause 1 Article 41; point e clause 1
Article 66 of the Electricity Law.
3. To supplement the word
“transparency” to behind the phrase “To ensure publicity” in clause 1 Article
17 of the Electricty Law.
4. To supplement the phrase “ensuring
rights and benefits of parties but not contrary to provisions of law” to behind
the phrase “except otherwise agreed upon by the parties” in clause 1 and clause
3 Article 24; supplement to the end of point i clause 2 Article 39, point e
clause 2 Article 40 and point c clause 2 Article 41 of the Electricity Law.
5. To supplement the word “border” to
behind the phrase “rural, mountainous” at name of Chapter VIII; name of
Articles 60, 61 and 64; clauses 1, 3 and 4 Article 60; clause 4 Article 61;
clauses 1, 2 and 4 Article 64 of the Electricity Law.
Article 3.
1. This Law
takes effect on July 01, 2013.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
This Law was passed on November
20, 2012, by the XIIIth National Assembly of the Socialist Republic of Vietnam
at its 4th session.
CHAIRMAN OF THE
NATIONAL ASSEMBLY
Nguyen Sinh Hung