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THE
MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No.
01/VBHN-BCT
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Hanoi,
September 06, 2013
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CIRCULAR
PROVIDING FOR METHOD OF ELABORATION, ORDERS
OF AND PROCEDURES FOR FORMULATION, PROMULGATION AND MANAGEMENT OF THE POWER
TRANSMISSION PRICES
Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade,
providing for methods of elaboration, orders of and procedures for formulation,
promulgation and management of power transmission prices, taken effect on June
01, 2010, and amended and supplemented by:
Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No. 14/2010/TT-BCT
dated April 15, 2010, of the Minister of Industry and Trade, providing for
methods of elaboration, orders of and procedures for formulation, promulgation
and management of power transmission prices, taken effect on March 05, 2012.
Pursuant to the
Government’s Decree No. 189/2007/ND-CP dated December 27, 2007, defining the
functions, tasks, powers and organizational structure of the Ministry of
Industry and Trade;
Pursuant to the
Electricity Law dated December 03, 2004;
Pursuant to the
Government’s Decree No. 105/2005/ND-CP dated August 17, 2005, detailing and
guiding implementation of a number of Articles of the Electricity Law;
Pursuant to the
Decision No. 153/2008/QD-TTg dated November 28, 2008, of the Prime Minister
defining the functions, tasks, powers and organizational structure of the Electricity
Regulation Department of the Ministry of Industry and Trade.
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Chapter
I
GENERAL PROVISIONS
Article
1. Scope and subject of application
1. This Circular
provides for method of elaboration, orders of and procedures for formulation,
promulgation and management of the power transmission prices.
2. This Circular
applies to the Vietnam Electricity Group, National Power Transmission
Corporation, units operating the power system and national power market,
company of power purchase and sale, and units liable for cost of power
transmission.
Article
2. Interpretation of terms
In this Circular, the
following terms are construed as follows:
1. Financial
statements mean the audited financial statements made by independent audit
agencies.
2. Points of
electricity transfer and receipt means the points of electricity transfer
and receipt between company of power purchase and sale, and power company,
including point of electricity transfer and receipt between power transmission
net and power distribution net, and points of electricity transfer and receipt
between power plant transmitting up 110kV net and power distribution net of
power company.
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4. Units liable
for cost of power transmission include electricity companies, clients
buying electricity directly from the power transmission net.
5. Clients buying
electricity directly mean big clients using electricity connected directly
into the power transmission net.
6. The power
transmission net means system of power transmission lines, transformer
stations, and synchronous equipment for transmitting electricity from the
power plants to points of electricity receipt of the electricity companies,
including lines, transformer stations at voltage of 500kV - 100kV with function
of transmission , belong to ownership of the National power transmission
corporation.
7. [2]
(annulled)
8. [3]
Year N means calendar year calculated from January 01 to December 12.
9. [4]
Year N-1 means the adjacent calendar year preceding year N.
10. [5]
(Annulled)
11. Assets of power
transmission include
power grid for transmission, construction works and other auxiliary equipment
which are used for power transmission and possessed by the national power
transmission corporation.
12. [6]
The maximum total transfer and receipt capacity means the largest total
transfer and receipt capacity of points of electricity transfer and receipt in
duration of between January 01 year N and December 31 year N of a unit liable
to pay cost of electricity transmission.
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METHOD OF ELABORATION AND POWER TRANSMISSION
PRICES
Article
3. Principles of defining the average power transmission price
1. The annual power
transmission price is applied a unified price nationwide irrespective of
distance of power transmission and point of transfer and receipt.
2. The average power
transmission price is defined annually under the principle of ensuring the full
withdrawal of valid cost and an allowed profit for operation of the power
transmission net to meet the prescribed quality and satisfy financial norms for
investment, development of power transmission net.
3. [7]
The average power transmission price of year N (
)
is defined on basis of total allowed revenues from power transmission in year N
of the national power transmission corporation, and total electrical energy
which the national power transmission corporation assigns to units liable to
pay cost of power transmission, at points of electricity transfer and receipt,
calculated under the following formula:
In which:
: Total allowed
revenues from power transmission in year N of the National Power Transmission
Corporation (VND)
: Total
tentative transfer and receipt electrical energy of unit i at all points
of transfer and receipt in year N (kWh)
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Article
4. Method to define total annual allowed revenues from power transmission [8]
Total allowed
revenues from power transmission in year N ()
includes elements of the allowed capital cost (
),
the allowed cost of operation and maintenance (
)
and elements adjusting revenues from power transmission for year N-1 (
),
defined under the following formula:
In which:
: Total
allowed capital cost of transmission in year N of the National Power
Transmission Corporation (VND)
: Total
allowed cost of transmission operation and maintenance in year N of the
National Power Transmission Corporation (VND)
: Difference between
cost and revenues from power transmission in year N-1 adjusted in total allowed
revenues from power transmission in year N (VND), defined under method
specified in Clause 9 Article 1 of this Circular
Article
5. Method to define total capital cost
1. Total capital cost
of transmission in year N (
)
is defined under the following formula:
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In which:
: Total depreciation cost
of fixed assets in year N (VND)
: Total cost of
long-term loan interests and charges for borrowing capital, which must be paid
in year N for assets of power transmission (VND)
LNN:
The allowed profit from power transmission in year N (VND)
2. Total depreciation
cost of fixed assets in year N (
)
defined according to regulations on use time and method to depreciate the fixed
assets specified in Circular No. 203/2009/TT-BTC dated October 20, 2009, of the
Ministry of Finance, guiding
the regime of management, use and depreciation of fixed assets, and the
guiding, replacing and supplementing documents issued in the future.
For assets of power
transmission with the depreciation time various to provisions in Circular No.
203/2009/TT-BTC, National Power Transmission Corporation shall formulate regime
of depreciation for such assets, report to the Vietnam Electricity Group to
consider; and National Power Transmission Corporation shall submit to the
Electricity Regulation Department for approval before submitting to the
Ministry of Finance for promulgation.
3. Total cost of
long-term loan interests and charges for borrowing capital, which must be paid
in year N (
)
defined under credit contracts for assets of power transmission.
4. The allowed profit
in year N (LNN) is defined under the following formula:
LNN
= VCSH,N x ROEN
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VCSH,N: [9]
The average equity capital till December 31 year N-1 and the equity
capital estimated till December 31 year N (VND)
ROEN: The profit rate on
equity capital of National Power Transmission Corporation (%), is defined to
ensure financial norms for investment, development of power transmission net
including the Self Financing Ratio (SFR) and the Debt Service Coverage Ratio
(DSCR) aiming to gradually increase until reaching the respective level of 25%
and 1.5 times
National Power
Transmission Corporation shall formulate method and regulation on management of
increasing and decreasing assets of power transmission, submit to the Vietnam
Electricity Group for approval so as to submit to the Electricity Regulation
Department.
Article
6. Method to define total operation and maintenance cost
1. Total operation
and maintenance cost of power transmission in year N (
)
is defined under the following formula:
In which:
: Total cost of raw
materials in year N (VND)
: Total salary cost
in year N (VND)
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: Total cost of
buying outside services in year N (VND)
: Total other costs
in money in year N (VND)
2. Method to define
total cost of raw materials
a) Total cost of raw
materials in year N (
)
is defined under the cost of raw material for lines, transformer stations and
transformers in year N, including cost for direct raw materials and indirect
raw materials (experiment, operation and maintenance of lines, transformer
stations and transformers), according to the following formula:
In which:
: Total cost of raw
materials for power transmission lines in year N (VND)
: Total cost of raw
materials for transformer stations in year N (VND)
: Total cost of raw
materials for transformers in year N (VND)
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In which:
Ld,i,h : Total length of power
transmission lines of type d, at voltage level i, in terrain condition h, operating
in year N (km)
: Unit price of raw
material for power transmission lines of type d, at voltage level i, in
terrain condition h (VND/km)
d: To describe type of
wires including: Aerial wire with single circuit (D), aerial wire with double
circuit (K), underground cable with 1 circuit (ND), underground cable with 2
circuits (NK)
i: To describe the
voltage level including: 110 kV, 220kV, 500kV
h: To describe terrain
conditions including: delta (DB), midland and mountainous (TD), high mountains
and dense forests (NC)
c) Total cost of raw
materials for transmission stations in year N (
)
is defined under the following formula:
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Mi, h: Total cells at
voltage level i, in terrain condition h, operating in year N (cell)
: Unit price of raw
material for 1 cell, at voltage level i, in terrain condition h
(VND/cell)
d) Total cost of raw
materials for transmissions in year N (
)
is defined under the following formula:
In which:
Si, h: Total capacity of
transformer at voltage level i, in terrain condition h, operating in
year N (MVA)
: Unit price of raw
material for 1 MVA transformer, at voltage level i, in terrain condition
h (VND/MVA)
dd) [10]
Volume of wires, number of cells of transformer and total capacity of
transformer anticipated in year N under voltage levels defined under the
practical volume calculated till the end of December 31 year N-1, the
increased-additionally volume performed till March 31 year N and the
increased volume anticipated in year N;
e) Unit price of raw
materials for wires, cells of transformer station and transformer including two
direct and indirect parts, in which the indirect part is defined under the
percentage of direct part;
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3. Method to define
salary cost
a) Total salary cost
in year N of National Power Transmission Corporation includes total salary costs
and based-salary costs;
b) [11]
The salary cost is defined according to Circular No. 27/2010/TT-BLDTBXH dated
September 14, 2010, of the Ministry of Labor, Invalids and Social Affairs,
guiding management of labor, salary, remuneration and bonuses in one-member
limited liability companies owned by State, the guiding, replacing and
supplementing documents issued in the future, and other relevant regulations;
c) Other costs based
on salary such as cost for medical insurance, social insurance, unemployment
insurance and Trade Union funding are defined according to relevant legal
regulations.
4. Method to define
total cost of overhaul of assets
a) Total cost of
overhaul of assets in year N (
)
of National Power Transmission Corporation is defined under the following
formula:
In which:
: Total cost of
overhaul of power transmission lines in year N (VND)
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: Total cost for
overhaul of transformer in year N (VND)
: Total cost for
overhaul of auxiliary and serving works in year N (VND)
Cost for overhaul of
assets does not include cost for renovating, upgrading the fixed assets causing
increase of their primary price.
b) Total cost for
overhaul of power transmission lines in year N (
)
is defined under the following formula:
In which:
Ld, i, h :
Total
length of power transmission lines of type d, at voltage level i, in
terrain condition h, which are performed overhaul in year N (km)
: Unit price of
overhaul for 1 km power transmission lines of type d, at voltage level i, in
terrain condition h (VND/km)
d: To describe type of
lines including: Aerial wire with single circuit (D), aerial wire with double
circuit (K), underground cable with 1 circuit (ND), underground cable with 2
circuits (NK)
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h: To describe terrain
conditions including: delta (DB), midland and mountainous (TD), high mountains
and dense forests (NC)
c) Total cost for
overhaul of transmission stations in year N (
)
is defined under the following formula:
In which:
Mi, h: Total cells at
voltage level i, in terrain condition h, performed overhaul in year N
(cell)
: Unit price of overhaul
for 1 cell, at voltage level i, in terrain condition h (VND/cell)
d) Total cost for
overhaul of transmissions in year N (
)
is defined under the following formula:
In which:
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: Unit price of
overhaul for 1 MVA transformer, at voltage level i, in terrain condition
h (VND/MVA)
dd) Total cost for
overhaul of auxiliary and serving works in year N (
)
is defined under the following formula:
In which:
k: Rate of cost norm for
overhaul of auxiliary and serving works compared to total cost for overhaul of
lines and transformer (including cells and transformer) (%)
e) National Power
Transmission Corporation shall: Formulate norms and unit prices for overhaul
and submit them to the Vietnam Electricity Group for approval so as to submit
to the Electricity Regulation Department for promulgation; formulate list of
items performed overhaul annually and submit to the Vietnam Electricity Group for
approval so as to calculate total cost of overhaul in year N.
5. Method to define
total cost for outside services
a) Total cost for
outside services of year N (
)
is total costs for goods and services at the request, which are performed and
provided by organizations and individuals outside unit, including electricity,
water, telephone and telecommunication services, books, newspapers; cost for
hiring audit advisory; cost for hiring assets; cost for insuring assets and
cost for other services with conclusion of contracts of supplying service so as
to serve for management, operation of power transmission net in year N.
b) [12]
Total cost of outside service in year N is defined under demand of tentative
outside services in year N on the basis of cost performed practically and
audited in year N-1 (at contracts of buying outside services and cost for
outside services), and cost for implementation till the end of March 31 year N.
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a) Total other costs
in money in year N 
are
costs including: working-trip allowances; costs for conferences, reception of
guests; cost for training; cost for buying reactive power; cost for scientific
study, inventions for renovation; cost for shift meals; cost for militia and
self-defense forces, safe guards, prevention and fighting of storm and flood,
fire prevention and fighting; cost for labor protection, working costume, labor
safety, industrial and environmental hygiene; cost for drinking water in
working time, allowances in kind for working in night shift, toxic allowances;
cost for first-aid in labor accidents, normal medical treatment drugs, cost for
rehabilitation for laborers; cost for recruitment; losses accounted in cost;
cost for tax of all kinds; land rents; cost for payable short-term loan
interests in year (including short-term loan interests for the necessary
circulating capital in serve of activities of power transmission); differences of
rate to perform the long-term loans matured in year and other costs in money in
year N;
b) [13]
Total other cost in money in year N defined according to costs anticipated in
year N on the basis of costs performed practically and already audited in year
N-1 and costs performed till the end of March 31 year N.
Article
7. Method to define the annual power transmission price for units liable to pay
cost of power transmission
1. The power
transmission price (
)
(VND/kWh) of year N for unit liable to pay cost of power transmission i is
defined under the following formula:
In which:
TCi: Cost for power
transmission which is paid by the unit liable to pay cost of power transmission
i in year N (VND)
: Total transferred electrical
energy as anticipated by the unit liable to pay cost of power transmission i at
all points of transfer and receipt in year N
2. [14] Cost for power transmission which is
paid by the unit liable to pay cost of power transmission i in year N is
calculated under the following formula:
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In which:
TCP,i: Elements
of cost for power transmission under capacity (VND)
TCA,i: Elements
of cost for power transmission under electrical energy (VND)
: Total the adjusting
volume of cost for power transmission which is paid by the unit liable to pay
cost of power transmission i in year (N-1) (VND)
3. Elements of cost
for power transmission under capacity and electrical energy are defined
respectively under two formulas as follows:
In which:
: Total tentative
maximum capacity of transfer and receipt of unit liable to pay cost for power
transmission i at points of electricity transfer and receipt in year N
(MW)
n: Total units liable
to pay cost for power transmission.
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4. [15] Total adjusting volume of cost for
power transmission of the unit liable to pay cost for power transmission i due
to difference between the output of transfer and receipt, the actual maximum
capacity of transfer and receipt with the maximum capacity of transfer and
receipt anticipated for year N-1 (DCi,N-1) is calculated
under the following formula:
In which:
: Total revenues from
power transmission in year (N-1) (VND)
: Total tentative
maximum capacity of unit liable to pay cost for power transmission i at
points of electricity transfer and receipt from power transmission net in year (N-1)
(MW)
: Total actual maximum
capacity of unit liable to pay cost for power transmission i at points
of electricity transfer and receipt from power transmission net in year (N-1)
(MW)
: The tentative electrical
energy transferred and received of the unit liable to pay cost of power
transmission i in year (N-1) (MWh)
: The electrical
energy transferred and received practically of the unit liable to pay cost of
power transmission i in year (N-1) (MWh)
: The average
interest of VND interest rate on deposit, term of 12 months, postpaid for enterprise
clients on December 31 year (N-1) of 04 commercial banks (the Joint Stock
Company Bank of Foreign Trade of Vietnam, the Vietnam Joint Stock Company Bank
for Industry and Trade, the Joint Stock Company Bank for Investment and
Development of Vietnam, the Vietnam Bank for Agriculture
and Rural Development) plus 3%
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Cost for power
transmission in month j (TCij) of the unit liable to pay cost
of power transmission i is defined under the following formula:
In which:
: Total electrical
energy transferred and received practically at points of electricity transfer
and receipt of the unit liable to pay cost of power transmission i in month j
(kWh)
: The power
transmission price of year N for the unit liable to pay cost of power
transmission i (VND/kWh)
Chapter
III
THE REGIME OF ADJUSTING REVENUES FROM POWER
TRANSMISSION
Article
9. Principles of adjusting revenues from power transmission [16]
1. The National power
transmission corporation shall make and maintain system of books to monitor
items of cost for defining difference of cost and revenue of year N-1 so
as to adjust in total allowed revenues from power transmission in year N.
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a) The total actual
revenue in year N-1 of National Power Transmission Corporation is different
with total allowed revenues from power transmission already approved;
b) To arise
difference between the rational and valid actual cost in year N-1 (based on
Financial statement) in comparison with the counting cost already approved in
plan on power transmission prices in year N-1 (including cost for depreciation,
cost for interest rates of long-term loans, cost for salary, cost for overhaul,
cost for outside services, difference of the execution exchange rate), except
for case of arising the cost prescribed in point c and point d of this
Clause;
c) Arising costs for
remedying consequences due to natural disasters and handling incidents force
majeure in year N-1;
d) Arising cost for
rational investment in assets for power transmission outside the plan on
investment in power transmission net in year N-1 which is approved by competent
state agencies.
Article
10. Solving the arising costs for remedying consequences due to natural
disasters and handling incidents force majeure and outside-plan investment
1. In case where costs
for remedying consequences arise due to natural disasters and handling
incidents force majeure, within 15 days from day of happening events, the
National Power Transmission Corporation shall report on events and estimate the
arising costs to remedy, submit to the Vietnam Electricity Group for approving
and reporting the Electricity Regulation Department.
2. In case of arising
cost for rational investment in assets of power transmission outside the
approved plan, the National Power Transmission Corporation shall make dossier
to supplement plan on expanding the annual power transmission net, submit to
the Vietnam Electricity Group for approval so as to submit to the Electricity
Regulation Department for approval.
Article
11. Responsibility for maintenance and regime of report about difference of
cost and revenue from power transmission [17]
The National power
transmission corporation shall maintain system of books to monitor items of
cost and make annual reports (in dossier requesting for approving total revenue
from power transmission) about situation of increasing and decreasing
difference of adjusting cost and revenue from power transmission in year N-1,
including:
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2. Difference between
cost and revenue in year N-1 (
)
adjusted in total revenue from power transmission in year N
3. Surplus of difference
between cost and revenue from power transmission until the end of December 31
year N-1.
Article
12. Method to define difference between cost and revenue from power
transmission
[18]
Difference of cost
and revenue from power transmission 
of
National Power Transmission Corporation in year N-1 adjusted in total revenues
from power transmission in year N, is defined under the following formula:
In which:
: Total revenues from
power transmission executed practically in year N-1 (under financial
statement), is defined under the following formula:
: Total revenues from
power transmission already approved in year N-1
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: Total cost arising
for remedying consequences due to natural disaster and handle incidents force
majeure; total cost of depreciation, cost of interest of loans, profit of
equity capital of investment amounts arising reasonably in year N-1 (as
prescribed in point c and point d Clause 2 Article 9 of the Circular No.
14/2010/TT-BCT, amended in Clause 7 Article 1 of this Circular)
: The average interest
of VND interest rate on deposit, term of 12 months, postpaid for enterprise
clients on March 31 year N of 04 commercial banks (the Joint Stock
Company Bank of Foreign Trade of Vietnam, the Vietnam Joint Stock Company Bank
for Industry and Trade, the Joint Stock Company Bank for Investment and
Development of Vietnam, the Vietnam Bank for Agriculture and Rural Development)
plus 3%
Chapter
IV
SANCTION REGULATION OF FAILING TO ENSURE SERVICE
QUALITY
Article
13. Principles of sanction of failing to ensure service quality
1. The National Power
Transmission Corporation shall be sanctioned of failing to ensure quality of
power transmission service in case of incidents involving power outages on
lines and transformers for power transmission in year of power transmission net
in excess of the prescribed norms for each voltage level, except for incidents
force majeure (natural disaster) or incidents which are not caused by National
Power Transmission Corporation.
2. The sanction
regulation shall be applied annually by deducting from welfare fund an amount
equal to total fines of failing to ensure quality of power transmission
services and transfer into the development investment fund of National Power
Transmission Corporation.
Article
14. Method to define total fines of failing to ensure service quality
1. The annual total
fines of failing to ensure quality of power transmission service (year N) RN
of National Power Transmission Corporation, is defined under the following
formulas:
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In which:
: The fines of
failing to ensure quality of power transmission service due to incident of
power transmission lines (VND)
: The fines of
failing to ensure quality of power transmission service due to incident of
transformer (VND)
Li,N (Lj,
N, Lk,N): Total length of power transmission lines of 110kV
(220kV, 500kV) which are outage when happen incident i (j,k) (km)
Si,N (Sj,N,
Sk,N): Total
installing capacity of transformers with voltage at high-voltage side of 110kV (220kV, 500kV)
which are outage when happen incident i (j,k) (MVA)
ti (tj,
tk):
Time of power outage of power transmission line or transformers with voltage at
high-voltage side of 110kV (220kV, 500kV) when happen incident i (j,k) (minute)
n (m, l): Number of times of
incidents of power transmission lines or transformers with voltage at
high-voltage side of 110kV (220kV, 500kV) in year N (from September 01 year N-1
to August 31 year N)
The fining rate of
failing to ensure quality of power transmission service due to incident of
power outage on power transmission lines in year N calculated for each kilometer
of power transmission line of 110 kV in one minute [VND/(km x minute)],
calculated under the following formula:
= X110 x GTT
N
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= X220 x GTT
N
The fining rate of
failing to ensure quality of power transmission service due to incident of
power outage on power transmission lines in year N calculated for each kilometer
of power transmission line of 500 kV in one minute [VND/(km x minute)],
calculated under the following formula:
= X500 x GTT
N
The fining rate of
failing to ensure quality of power transmission service due to incident of
power outage of transformer in year N calculated for each MVA of capacity of
transformer with voltage at high-voltage side of 110 kV in one minute [VND/(MVA
x minute)], calculated under the following formula:
= Y110 x GTT
N
The fining rate of
failing to ensure quality of power transmission service due to incident of
power outage of transformer in year N calculated for each MVA of capacity of
transformer with voltage at high-voltage side of 220 kV in one minute [VND/(MVA
x minute)], calculated under the following formula:
= Y220 x GTT
N
The fining rate of
failing to ensure quality of power transmission service due to incident of
power outage of transformer in year N calculated for each MVA of capacity of
transformer with voltage at high-voltage side of 500 kV in one minute [VND/(MVA
x minute)], calculated under the following formula:
= Y500 x GTT
N
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X220:
The fining coefficient of failing to ensure quality of power transmission
service due to incident of power outage on power transmission lines of 220 kV
[1/(km x minute)]
X500: The
fining coefficient of failing to ensure quality of power transmission service
due to incident of power outage on power transmission lines of 500 kV [1/(km x
minute)]
Y110: The
fining coefficient of failing to ensure quality of power transmission service
due to incident of power outage of transformer of power transmission of 220 kV
[1/(MVA x minute)]
Y220: The
fining coefficient of failing to ensure quality of power transmission service
due to incident of power outage of transformer of power transmission of 220 kV
[1/(MVA x minute)]
Y500: The
fining coefficient of failing to ensure quality of power transmission service
due to incident of power outage of transformer of power transmission of 500 kV
[1/(MVA x minute)]
A (B, C): The fining norm of
incident of power outage of power transmission line of 110kV (220kV, 500kV)
D (E, G): The fining norm of
incident of power outage of transformer of transmission line of 110kV (220kV,
500kV)
2. Total fines of
failing to ensure quality of power transmission service in year N () of
National Power Transmission Corporation will be 0.1% of total allowed revenues
from power transmission in year N, maximally (0.1% x ).
3. Incidents of lines
and transformers of power transmission which are calculated when defining the
fining level of failing to ensure quality of power transmission service are
incidents with duration of power outage of more or equal to one minute. Duration
of power outage of incidents of lines and transformers of power transmission is
rounded under minute.
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1. Before October 01
every year (year N), National Power Transmission Corporation must report
statistics of incidents of power transmission lines (time of power outage ti,
length of lines suffering incident Li,N for each incident),
incident of transformer of power transmission (time of power outage ti,
total installing capacity of transformer suffering incident Si,N for
each incident) of power transmission net from September 01 year N-1 till the
end of August 31 year N to send to unit operating the national electrical
system and electricity market.
2. Before November 01
every year (year N), unit operating the national electrical system and
electricity market shall examine, confirm statistical reports of incidents of
lines, transformers of power transmission from September 01 year N-1
till the end of August 31 year N, send report to the Electricity
Regulation Department and send copy of report to National Power Transmission
Corporation to serve as basis to define the fining level of failing to ensure
quality of power transmission service in year N.
3. Before December 01
every year (year N), the National Power Transmission Corporation shall report
the Electricity Regulation Department to provide explanations, statistics of
incidents of lines, transformers of power transmission from September 01 year
N-1 till the end of August 31 year N; calculate the fining level of failing to
ensure quality of power transmission services in year N; submit to the Vietnam
Electricity Group for approval so as to submit to the Electricity Regulation
Department for approval to serve as basis for implementation.
Chapter
V
ORDER OF AND PROCEDURES FOR APPRAISAL,
APPROVAL AND PAYMENT OF POWER TRANSMISSION PRICE
Article
16. Order of and procedures for appraisal and approval of total revenue from
power transmission [19]
1. National Power
Transmission Corporation shall make dossier of appraisal of total revenues from
power transmission in year N, submit it to the Vietnam Electricity Group for
approval.
Before
May 15 every year (year N), the Vietnam Electricity Group shall submit to the
Electricity Regulation Department for appraisal and issuing written approval. In case of a invalid
dossier as prescribed in Article 17 of the Circular No. 14/2010/TT-BCT (amended
in Clause 11 and Clause 12 Article 1 of this Circular), the Vietnam Electricity
Group shall complete and supplement within five (05) days after receiving
request of the Electricity Regulation Department.
In necessary case,
the Electricity Regulation Department may use consultant for appraisal of
dossier submitted for approving total revenue from power transmission of
National Power Transmission Corporation.
2. Before June 10 every
year (year N), the Electricity Regulation Department shall have a
written approval for allowed total revenues from power transmission in year N
of National Power Transmission Corporation to serve as basis for approving the
power transmission price.
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Dossier of submission
for approving total revenues from power transmission every year (year N) of
National Power Transmission Corporation includes:
1. Report of appraising
total revenues from power transmission year N of National Power Transmission
Corporation.
2. Notes and tables
calculating total revenues from power transmission in year N, include:
a) [20]
Analyzing, assessing implementation of the assigned norms of electricity
output, rate of loss during power transmission, level of incidents of lines and
transformer at voltage levels, implementation of revenue, cost of year N-1 and
till the end of March 31 year N; analyzing, assessing implementation of profit,
equity capital, financial norms such as rate of profit on equity capital,
structure of equity capital and borrowing capital, rate of self-investment,
rate of paying debt till the end December 31 year N-1;
b) Notes and
calculation of total allowed capital cost 
in
year N of National Power Transmission Corporation include:
- Total depreciation
cost in year N:
The
table summing up depreciation deductions of fixed assets in year N and the
detailed table of cost for basic depreciation under each type of fixed assets
in year N;
- Total cost to pay
interest of long-term loans payable in year N for works of power transmission: Table of calculating
interest of loans anticipated to be payable in year N;
- The equity capital
estimated till the end of year N-1 and anticipated till the end of year N: notes and the
detailed counting table of increasing and decreasing equity capital in year N-1
and year N;
- The tentative profit
of year N, the rate of profit on equity capital, rate of self investment, rate
of debt payment.
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- Total cost of raw
materials in year N: Notes
and the table counting cost of raw materials executed practically in year N-1
and till the end of March 31 year N, tentative cost of year N according to
total length of line and types of wire lines, total capacity of transformer,
quantity of cells of transformer according to levels of voltage and terrain
conditions;
- Total salary cost in
year N:
notes
and the counting table of salary cost;
- Total cost for
overhaul in year N: notes
and table counting cost for overhaul in year N as prescribed in Clause 4
Article 6 of the Circular 14/2010/TT-BCT;
- Total cost of outside
services in year N: notes
and the table of counting cost of outside service according to work items
executed practically in year N-1 and till the end of March 31 year N,
and tentative cost of year N;
- Total other cost in
money in year N:
notes
and the counting table of other actual costs in money in year N-1, and
till the end of March 31 year N and tentative cost of year N.
d) [22]
Notes and calculation of difference between cost and revenues from power
transmission in year N-1; report of increasing and decreasing difference of
cost and revenues from power transmission;
dd) Notes and
calculation of total allowed revenues from power transmission in year N.
3. Enclosed documents,
including:
a) [23]
List of investment projects which have been finished and put into operation
till March 31 year N and anticipated to execute till the end of year N in
conformity with the master plan on national electricity development and plan to
expand power transmission net every year of National Power Transmission
Corporation already approved;
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c) [25]
The summary table of changes on regular and official labor quantity in salary
table of corporation and units in year N-1 and plan in year N;
d) [26]
Summing up reserve materials existing and supplemented in year N-1 and
plan in year N;
dd) List of works
items made overhaul of fixed assets in year N-1 and anticipated in year N;
e) [27]
Financial statements of year N-1: accounting balance sheet, statement of production and business result, statement of cash flows, notes to the financial statements;
g) Norms of cost
elements used in dossier approved by competent authorities.
Article
18. Order of elaborating the power transmission price [28]
1. Before January 05
every year (year N), units liable to pay cost for power transmission shall send
figures of total maximum capacity and electrical energy received practically at
each point of transfer and receipt of year N-1 to National Power Transmission
Corporation to serve as basis for calculation of the adjusting elements DCN-1
of year N-1.
2. Before April 01
every year (year N), units liable to pay cost for power transmission
shall make forecast of electrical energy of transfer and receipt and total
maximum capacity at all points of transfer and receipt of year N and send to
National Power Transmission Corporation. National Power Transmission Corporation shall
sum up, calculate forecast of electrical energy of transfer and receipt and
total maximum capacity of each unit liable to pay cost for power transmission,
send the forecast result to Unit operating the national electricity system and
electricity market for consulting.
In case where a unit
liable to pay cost for power transmission fails to send forecast figures,
National Power Transmission Corporation may use figures of year N-1 to
do as figures for calculating the power transmission price in year N.
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4. Before June 15
every year (year N), the National Power Transmission Corporation shall
define the power transmission price applied from July 01 year N to June 30 of
the following year () for each unit liable to pay cost of power transmission
(based on revenue from power transmission in year N already approved and the
adjusting elements of year N-1–, submit to the Vietnam Electricity Group for
approval so as to submit to the Electricity Regulation Department for the
approval.
In case
of an invalid dossier as prescribed in Clause 14 Article 1 of this Circular,
National Power Transmission Corporation shall complete and supplement within
five (05) days after receiving request of the Electricity Regulation
Department.
Article
19. Dossier of submission for approving the power transmission price [29]
1. A report requesting
for approval of power transmission price.
2. Notes and table
calculating cost of power transmission of each unit liable to pay cost of power
transmission, including:
a) Cost elements of
power transmission according to capacity, electrical energy;
b) Total maximum
capacity of transfer and receipt, total electrical energy of transfer and
receipt anticipated of each unit liable to pay cost of power transmission at
points of transfer and receipt in year N;
c) Total adjustments
of cost of power transmission of units liable to pay cost of power transmission
in year N-1 (the detailed counting table).
3. Enclosed documents,
including:
a) Forecast of the
received electrical energy and total maximum capacity in year N of each unit
liable to pay cost for power transmission which is made by Unit operating the
national electrical system and electricity market;
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Article
20. Payment of power transmission cost
1. The power trading
company shall pay cost of power transmission to the National Power Transmission
Corporation.
Units
liable to pay cost of power transmission shall pay cost of power transmission
to the power trading company.
2. Before tenth date of
each month (month T), the National Power Transmission Corporation shall send
dossier of paying cost of power transmission of previous month (month T-1) of
each unit liable to pay cost of power transmission and total cost of power
transmission in month T-1 of all units.
In case of detecting
that dossier of payment has errors or is insufficient, within ten (10) days
from the date of receiving dossier of payment, the power trading company must
notify in writing the National power transmission corporation for amendments
and supplementations.
3. Before the fifteen
day every month (month T), the power trading company shall advance cost
of power transmission in month T-1 to the National Power Transmission
Corporation with amount equal to 50% of total cost of power transmission
defined in payment dossier of month T-1.
4. Before twentieth date
of each month (month T), the National Power Transmission Corporation shall send
invoice of total cost of power transmission in month T-1 to the power trading
company (enclosed with a complete payment dossier in case of having amendments,
supplementations).
5. Before the fifth day
of month T+1, the power trading company must pay the remaining cost of power
transmission of month T-1 for the National Power Transmission Corporation
according to the payment invoice.
In case where figures
in invoice are different to figures as informed by the National power
transmission corporation, the power trading company shall pay amounts according
to invoice to the national power transmission corporation. Payment of difference
shall be agreed by two parties in contract.
Chapter
VI
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Article
21. Organization of implementation
1. The Electricity
Regulation Department shall guide, examine implementation of this Circular and
solve relevant arising disputes. In case where the Prime Minister changes time
of adjusting the annual power retail price, the Electricity Regulation
Department shall inform relevant units about time of adjustment, landmarks of
time to take figures and time of implementing steps of calculating power
transmission prices.
2. The Vietnam
Electricity Group shall direct National Power Transmission Corporation in
elaborating total revenues and price of power transmission every year;
approving steps of elaborating the annual power transmission prices as
prescribed in this Circular, and direct the power trading company and National
Power Transmission Corporation in signing contracts of power transmission
services.
3. National Power
Transmission Corporation shall:
a) Elaborating annual
total revenues and power transmission prices to submit to the Vietnam
Electricity Group for the approval so as to submit to the Electricity
Regulation Department for the appraisal and approval;
b) Elaborating types
of unit price, norm of cost and type of coefficient; sanctioning norm for
incident of failing to ensure quality of power transmission service, make
statistics of incidents of lines and transformers of power transmission for
each voltage level of 110kV, 220kV, 500kV specified in this Circular and submit
to the Vietnam electricity Group for the approval to submit to the Electricity
Regulation Department for promulgation;
c) [30]
Having settlement report, independent audit report before May 01 every year.
Article
22. Effect
[31]
1. This Circular takes
effect on June 01, 2010.
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CERTIFICATION
OF THE CONSOLIDATING DOCUMENTS
Hanoi,
September 06, 2013
THE
MINISTER
Vu Huy
Hoang
[1]
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission price have grounds for
promulgation as follows:
"Pursuant to the
Government’s Decree No. 189/2007/ND-CP dated December 27, 2007, defining the
functions, tasks, powers and organizational structure of the Ministry of
Industry and Trade, the Government’s Decree No. 44/2011/ND-CP dated June 14,
2011, amending and supplementing Article 3 of the Government’s Decree
No.189/2007/ND-CP dated December 27,2007,defining the functions, tasks, powers
and organizational structure of the Ministry of Industry and Trade;
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Pursuant to the
Government’s Decree No. 105/2005/ND-CP dated August 17, 2005, detailing and
guiding implementation of a number of Articles of Law on electricity;
The Minister of
Industry and Trade amends and supplements a number of articles of the Circular
No. 14/2010/TT-BCT dated April 15, 2010, of the Ministry of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission price as follows:”
[2]
This Clause is annulled as prescribed at point a clause 1 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[3]
This Clause is amended as prescribed at point b clause 1 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[4]
This Clause is amended as prescribed at point b clause 1 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[5]
This Clause is annulled as prescribed at point a clause 1 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[6]
This Clause is amended as prescribed at point b clause 1 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[7]
This Clause is amended as prescribed at clause 2 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[8]
This Article is amended as prescribed at clause 3 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
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[10]
This point is amended as prescribed at point a clause 5 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[11]
This point is amended as prescribed at point b clause 5 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[12]
This point is amended as prescribed at point c clause 5 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[13]
This point is amended as prescribed at point d clause 5 Article 1 of the
Circular No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry
and Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[14]
This Clause is amended as prescribed at clause 6 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade providing
method of elaboration, order of and procedures for formulation, promulgation
and management of power transmission prices, taking effect on March 05, 2012.
[15]
This Clause is amended as prescribed at clause 6 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[16]
This Article is amended as prescribed at clause 7 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[17]
This Article is amended as prescribed at clause 8 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[18]
This Article is amended as prescribed at clause 9 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
...
...
...
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[20]
This point is amended as prescribed at clause 11 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[21]
This point is amended as prescribed at clause 11 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[22]
This point is amended as prescribed at clause 11 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[23]
This point is amended as prescribed at clause 12 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[24]
This point is amended as prescribed at clause 12 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[25]
This point is amended as prescribed at clause 12 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[26]
This point is amended as prescribed at clause 12 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[27]
This point is amended as prescribed at clause 12 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on March
05, 2012.
[28]
This Article is amended as prescribed at clause 13 Article 1 of the Circular
No. 03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and
Trade, amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
...
...
...
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
[30]
This point is amended as prescribed at clause 15 Article 1 of the Circular No.
03/2012/TT-BCT dated January 19, 2012, of the Minister of Industry and Trade,
amending and supplementing a number of Articles of the Circular No.
14/2010/TT-BCT dated April 15, 2010, of the Minister of Industry and Trade
providing method of elaboration, order of and procedures for formulation,
promulgation and management of power transmission prices, taking effect on
March 05, 2012.
[31]
Article 2 of the Circular No.03/2012/TT-BCT dated January 19, 2012, of the
Minister of Industry and Trade, amending and supplementing a number of Articles
of the Circular No. 14/2010/TT-BCT dated April 15, 2010, of the Minister of
Industry and Trade providing method of elaboration, order of and procedures for
formulation, promulgation and management of power transmission prices, taking
effect on March 05, 2012, prescribing as follows:
“Article 2. Effect
1. This Circular takes
effect on March 05, 2012, previous provisions promulgated by the Ministry of
Industry and Trade, which are contrary to this Circular are hereby annulled.
2. The Director of
Electricity Regulation Department, President and General Director of Vietnam
Electricity Group, General Director of National Power Transmission Corporation,
Direct of Regulation Center of national electrical system, Director of power
trading company, general directors of power corporations, units liable to pay
cost of power transmission and relevant organizations and individuals shall
implement this Circular.”