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THE
MINISTRY OF INDUSTRY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
52/2001/QD-BCN
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Hanoi, November 12, 2001
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DECISION
ON ISSUING THE
REGULATION ON THE PROCESS AND PROCEDURES OF SUSPENDING POWER SUPPLY
THE MINISTER OF INDUSTRY
Pursuant to the Government’s Decree No. 74/CP
of November 1, 1995 on the function, tasks, power and organization of the
Ministry of Industry;
Pursuant to the Government’s Decree No. 45/2001/ND-CP of August 2, 2001 on
the activities of the power service and the use of electricity;
At the proposals of the director of the Legal Department and the director of
the Department for Technical Control and Supervision of Industrial Safety,
DECIDES:
Article 1.- To issue
together with this Decision the Regulation on the process and procedures of
suspending power supply.
Article 2.- This Decision
takes implementation effect 15 days after its signing.
Article 3.- The director of
the Ministry’s Office, the Chief Inspector of the Ministry, the directors of
departments attached to the Ministry, the general director of Vietnam General
Electric Corporation, the directors of the Industrial Services of the provinces
and centrally-run cities, the heads of the concerned agencies and units shall
have to implement this Decision.
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FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Hoang Trung Hai
REGULATION
ON THE PROCESS
AND PROCEDURES OF SUSPENDING POWER SUPPLY
(Issued together with Decision No. 52/2001/QD-BCN of November 12, 2001 of
the Minister of Industry)
Chapter I
GENERAL PROVISIONS
Article 1.- This Regulation
provides for the process and procedures of suspending power supply according to
Decree 45/2001/ND-CP of August 2, 2001 of the Government on the activities of
the power service and the use of electricity.
Article 2.- In all events
of power supply suspension, the electricity seller has to notify the
electricity buyer, except as stipulated in Article 8 of this Regulation.
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1. Place where power supply shall be suspended.
2. Reason for the suspension.
3. Time when the suspension shall begin.
4. Time planned for resumption of power supply.
Article 4.- The notice on
power supply suspension shall be given in one of these forms: written notice,
telegram, telex, telephone, fax, E-mail and other electronic communication
devices, or on the mass media.
The forms of notification shall be agreed upon
by the two sides and written in the contract on purchase and sale of
electricity. The notifier of suspension of power supply must be the responsible
person of the electricity seller in the contract or an authorized person.
Article 5.- The suspension
and resumption of power supply must strictly comply with the current process
and norms on techniques and electric safety techniques and this Regulation.
Article 6.- In this
Regulation the following terms are construed as follows:
1. Organizations and individuals using large
amounts of electricity are those consuming electric energy of 50,000 kWh/ month
upward, with the use capacity of 80 kW upward or using transformers with a
capacity of 100 kVA upward.
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3. Total suspension of power supply is
suspension of power supply in all electricity using places mentioned in the
signed contract.
4. Partial suspension of power supply is
suspension of power supply in one or a number of electricity using places
mentioned in the signed contract.
5. Force majeure event is an event occurring
beyond the control of the electricity seller, is unforeseeable and unavoidable
although every necessary and possible measure has been applied. Force majeure
events include shower, storm, cyclone, flood, thunder, drought, earthquake,
war, sabotage...
Chapter II
CASES WHERE POWER SUPPLY MUST BE SUSPENDED
Article 7.- Planned
suspension of power supply
1. Power supply suspension planned by the electricity
seller in the following cases:
a/ The electricity seller needs to repair,
maintain or conduct major repairs, or construct and install electrical
projects;
b/ To regulate or limit the surcharge due to
electric shortage;
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2. Power supply suspension at the request of
other concerned agencies is the power supply suspension according to
construction, communication, environ-mental protection requirements.
3. Power supply suspension requested by the
electricity buyer.
Article 8.- Emergency
suspension of power supply
Partial or total suspension of power supply in
the following cases is considered to be suspension in case of incidents or
emergency:
1. Incidents in the electric supply system.
2. Risks of causing incident or serious dangers
to man, equipment and the power supply system.
3. Shortage of capacity leading to insecurity of
the electric system.
4. A third party violates the electric grid
corridor, causing an incident beyond the control of the electricity seller.
5. Force majeure events.
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The electricity seller may suspend partially or
totally the supply of power when the electricity buyer commits one of the
following violations:
1. Using equipment not up to the electric safety
criteria as prescribed, threatening to cause serious incidents to the electric
grid and threatening the safety of man and equipment.
2. Violating the provisions of Clause 5, Clause
6, Article 39 of Decree No. 45/2001/ND-CP on payment of electric bills.
3. Obstructing the inspection by the electricity
seller in the performance of the contract on purchase and sale of electricity.
4. Committing acts of fraudulence while using
electricity.
5. Using electricity, thus causing danger to
man, animals, properties of the State and the people, causing adverse effects
on the environment.
6. Deliberately causing malfunction of the
measuring system.
7. Other cases as requested by competent State
agencies.
Chapter III
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Article 10.- Planned
suspension of power supply
1. The electricity seller must notify the
electricity buyer at least 5 days before the suspension in the following forms:
a/ Sending a written notice or other forms of notice
as agreed by the two parties in the contract to the organizations and
individuals using large amounts of electricity and important electricity users;
b/ To inform the remaining organizations and
individuals using electricity on the mass media.
2. After giving notice on suspension of power
supply, the electricity seller shall suspend the supply of power exactly at the
time already notified.
3. The electricity buyer that needs to change
the time of the suspension of power supply must consult with the electricity
seller at least 48 hours before the time scheduled for suspension. The
electricity seller shall have to consider and settle reasonably the proposal of
the electricity buyer.
a/ If the suspension cannot be delayed, the
electricity seller may still suspend the power supply as planned but must
inform the electricity buyer 24 hours prior to the announced suspension time
except in cases of force majeure.
b/ If the electricity seller agrees to the
change of time or puts off the suspension of power supply he must inform the
electricity buyer 24 hours prior to the time announced for the suspension,
except in case of force majeure.
4. After the suspension of power supply, the
electricity seller shall have to record fully the time, contents and the
process of suspension in the work diary or operational diary.
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Article 11.- Emergency
suspension of power supply
When any of the events specified in Article 8 of
this Regulation occurs, the electricity seller shall be entitled to suspend the
power supply first, then take the following steps:
1. To determine the cause of the interruption,
the scope of its effect, and the time expected for resumption of power supply.
2. To send information in writing or other forms
of notification already agreed upon by the two parties in the contract to the
organizations and individuals using large amounts of electricity and the
important electricity users on the contents stipulated in Clause 1 of this
Article.
3. To record fully the time, cause of the
incident and the process of suspending power supply in the work diary or
operational diary.
4. To cooperate with the concerned parties in
urgently overcoming the incident in order to resume the power supply as soon as
possible.
Article 12.- Suspension of
power supply due to violations in electricity use
When the electricity buyer violates one of the
provisions of Article 9 of this Regulation, the electricity seller shall make a
written record thereon(except Clause 2) and suspend the power supply in the
following order:
1. With regard to violations of the provisions
of Clause 1 and Clause 5 (not seriously enough to apply emergency suspension):
the electricity seller shall notify in writing the electricity buyer of the
power supply suspension 24 hours before the suspension. Past this time-limit,
if the electricity buyer does not carry out the requests set in the record, the
electricity seller shall be entitled to suspend the power supply at the time
mentioned in the notice of power supply suspension.
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2. With regard to violations of the payment of
electricity bills stipulated in Clause 2, 7 days after receiving the notice on
payment of the electricity bill, if:
a/ The electricity buyer has not yet paid the
electricity bill and nor asked for consent to put off the payment date, the
electricity seller shall issue a notice on suspension of power supply to the
electricity buyer 24 hours before the suspension;
b/ The electricity buyer has asked for delay of
payment and the electricity seller has agreed thereon, but past the date of
agreed delay of payment and the buyer still has not paid fully the debts, the
electricity seller shall issue a notice to the electricity buyer 24 hours
before the suspension.
3. With regard to violations of the provisions
of Clause 3, the electricity seller shall send the dossier to the State
electricity managing agency in the locality for settlement according to law, at
the same time shall issue a notice on suspension of power supply to the
electricity buyer 24 hours before the suspension.
4. With regard to violations prescribed in
Clauses 4 and 6, the electricity seller shall handle the violations in the use
of electricity as prescribed and must inform the elctricity buyer 24 hours
prior to the announced power supply suspension.
5. With regard to the suspension of power supply
at the request of the competent State agency stipulated in Clause 7, after
receiving the decision on suspension of power supply from the competent State
agency, the electricity seller shall issue a notice and suspend the power
supply according to the contents and the time mentioned in the decision. After
suspending the power supply, the electricity seller shall report the result to
the agency which has decided on the suspension.
6. The resumption of power supply shall be
effected out only after the electricity buyer has fully implemented the
handling decision of the competent authorities and has paid fully for the cost
of suspension as prescribed.
Chapter IV
IMPLEMENTATION PROVISIONS
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Article 14.- The agencies
having the function of State management over electricity under the Ministry of
Industry and the localities shall have to popularize, guide and supervise the
implementation of this Regulation.
Article 15.- The organizations
and individuals taking part in activities of the power service and in the use
of electricity shall have to strictly implement this Regulation. Any problems
in the course of implementation should be reported in time to the competent
State management bodies for settlement.
FOR THE MINISTER OF INDUSTRY
VICE MINISTER
Hoang Trung Hai