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NATIONAL
ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
28/2004/QH11
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Hanoi,
December 3rd , 2004
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ELECTRICITY LAW
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No.51/2001/QH10 of December25,2001 of the Xth National Assembly, its
10th session;
This Law provides for electricity.
Chapter I
GENERAL PROVISIONS
Article 1.-
Regulation scope
This Law prescribes the
electricity development planning and investment; electricity saving;
electricity markets; rights and obligations of organizations and individuals
conducting electricity activities and using electricity; protection of electric
equipment and facilities, electricity works and electric safety.
Article 2.-
Subjects of application
This Law applies to
organizations and individuals conducting electricity activities, using
electricity or engaged in other electricity-related activities in Vietnam.
Where the international treaties which the Socialist Republic of Vietnam has
signed or acceded to contain provisions different from provisions of this Law,
the provisions of such international treaties shall apply.
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In this Law, the following terms
shall be construed as follows:
1. Electricity activities mean
activities of organizations or individuals in the domains of electricity
development planning, investment, electricity generation, electricity
transmission, electricity distribution, electric system regulation, electricity
market transaction administration, electricity wholesaling and retailing,
specialized electricity consultancy and other relevant activities.
2. Electricity units mean organizations
or individuals that carry out activities of electricity generation, electricity
transmission, electricity distribution, electric system regulation, electricity
market transaction administration, electricity wholesaling, electricity
retailing, specialized electricity consultancy or other relevant activities.
3. Electricity grids mean
systems of electricity transmission lines, transformers and support equipment
and facilities for electricity transmission. Electricity grids are classified
into transmission grids and distribution grids, depending on their use purposes
and operation management.
4. Electricity wholesaling means
activities of selling electricity by one electricity unit to another for resale
to the third parties.
5. Electricity retailing means
activities of selling electricity by electricity units to electricity-using
customers.
6. Electricity-using customers
mean organizations or individuals that buy electricity for use, not for resale
to other organizations or individuals.
7. Big electricity-using
customers are those that use electricity with great capacity and output
prescribed by the Industry Ministry, suitable to each period of development of
the electric system.
8. Electricity price tables mean
tables of specific electricity price levels and price brackets applicable to
subjects buying and selling electricity under different conditions.
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10. The national electric system
means the system of electricity-generating equipment and facilities,
electricity grids and support equipment and facilities which are interconnected
and uniformly controlled nationwide.
11. Electricity regulation means
the impact exerted by the State on electricity activities and electricity
markets with a view to supplying electricity safely, stably and qualitatively,
using electricity economically and efficiently and ensuring fairness,
transparency and law compliance.
12. Electric system regulation
means activities of commanding, directing the process of electricity
generation, electricity transmission, electricity distribution in the national
electric system according to determined technical processes, regulations and
operation modes.
13. Electricity market
transaction administration means activities of managing and regulating
transactions of electricity purchase and sale as well as support services on
the electricity markets.
14. Electricity-measuring and
counting equipment mean those used for measuring the output, electric energy,
electric current, voltage frequency, output coefficients, which include
assorted electricity meters and accompanying equipment, accessories.
15. Electricity stealing means
acts of illegally taking electricity not through meters, impacting to falsify
the readings of electricity meters and other electric equipment related to
electricity measurement or counting, deliberately or conniving in wrongly
recording the readings of electricity meters, and other acts of fraudulently
taking electricity.
16. An electricity work means a
combination of means, machinery, equipment, construction structure in direct
service of activities of electricity generation, electricity transmission,
electricity distribution, electric system regulation, electricity purchase and
sale; electricity work-protecting system; electricity grid safety protection
corridor; land used for the electricity work and other support works.
Article 4.-
Electricity development policies
1. To develop electricity in a
sustainable manner on the basis of optimally tapping all resources, satisfying
demands for electric energy in service of people's life and socio-economic
development with stable quality, safety and economy, civilized services, thus
contributing to the maintenance of national defense, security and energy
security.
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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, protecting the
ecological environment.
4. To step up the exploitation
and use of sources of new energies, renewable energy for electricity
generation.
Article 5.-
International cooperation in electricity activities
To expand international
cooperation and international economic integration regarding electricity
activities on the basis of respect for each other’s national independence and
sovereignty and mutual benefits. The State encourages and creates favorable
conditions for foreign organizations and individuals to participate in
electricity activities in Vietnam; domestic organizations and individuals to
cooperate with foreign organizations and individuals, international
organizations in electricity activities.
Article 6.-
Electricity legislation propagation, dissemination and education
1. The ministries,
ministerial-level agencies, Government-attached agencies, the People’s
Committees at all levels, electricity units shall, within the scope of their
responsibilities, coordinate with mass media agencies and schools in organizing
the electricity legislation dissemination and education, guiding people to use
electricity safely, thriftily and efficiently and strictly observe law
provisions on electricity.
2. Vietnam Fatherland Front and
its member organizations shall, within the scope of their responsibilities,
coordinate with the agencies performing the state management over electricity
activities and use in propagating and mobilizing people to use electricity
safely, economically and efficiently and to strictly observe the law provisions
on electricity.
Article 7.-
Prohibited acts in electricity activities and electricity use
1. Destroying electrical
equipment and facilities, electricity-measuring or counting equipment or
electricity works.
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3. Switching on, switching off
electricity supply illegally.
4. Violating the regulations on
safety in electricity generation, transmission, distribution and use.
5. Obstructing the inspection of
electricity activities and use.
6. Stealing electricity.
7. Using electricity as animal
traps or protection means, except for cases prescribed in Article 59 of this
Law.
8. Violating the regulations on
protection of electricity grid safety corridors, on safe distances of
transmission tines and transformer stations.
9. Supplying untruthful
information, thus causing harms to the legitimate rights and interests of
organizations or individuals conducting electricity activities or using
electricity.
10. Abusing positions and/or
powers to harass for bribes, cause troubles, earn illicit profits in
electricity activities and/or electricity use.
11. Other acts of violation
prescribed by electricity legislation.
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ELECTRICITY DEVELOPMENT
PLANNINGS AND INVESTMENT
Article 8.
Electricity development plannings
1. The electricity development
plannings include national electricity development plannings and local
electricity development plannings. 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 the socio-economic conditions
in each period.
2. The national electricity
development plannings shall be formulated on the basis of the national
socio-economic development strategy. Each shall be formulated for every
ten-year period with the orientations for the next ten years.
3. The local electricity
development plannings are the electricity development plannings of the
provinces or centrally run cities, covering also the electricity development plannings
of rural districts, urban districts, provincial capitals or cities.
The local electricity
development plannings shall be formulated on the basis of the local socioeconomic
development strategies and must be in line with the national electricity development
plannings and other relevant plannings. Each local electricity development
planning sbaU be eleborated for every five-year period with the orientations
for the next five years.
4. All organizations and
individuals must abide by the electricity development plannings already
approved by competent state bodies.
Article 9.-
Formulation, approval and publicization of electricity development plannings
1. The Industry Ministry shall
organize the formulation of national electricity development plannings and
submit them to the Prime Minister for approval; specify the contents, order and
procedures for formulation and appraisal of electricity development plannings;
publicize and guide, monitor, inspect the implementation of the approved
national electricity development plannings.
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3. The agencies competent to
approve electricity development plannings shall decide on the adjustment of
plannings.
Article
10.- Funds for the planning work
1. The central budget shall
provide funds for the performance of tasks of formulation, appraisal,
publicization and adjustment of national electricity development plannings.
2. The provincial/municipal
budget shall provide funds for the performance of tasks of formulation,
appraisal, publicization and adjustment of local electricity development
plannings.
3. The state shall adopt
policies to mobilize other funding sources for the formulation of electricity
development plannings.
4. The Finance Ministry shall
assume the prime responsibility for, and coordinate with the Industry Ministry
in, promulgating the spending norms for formulation, appraisal, publication and
adjustment of electricity development plannings.
Article 11-
Electricity development investment
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 they are so permitted by authorities competent to approve
the plannings.
2. The electricity project
investors shall have to strictly comply with law provisions on investment,
construction and environmental protection.
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4. Organizations or individuals
that build or renovate, expand electricity works must use modern technical
equipment and technologies suitable to the branch reouJations and standards as
well as Vietnamese standards set by competent state bodies.
5. The Industry Ministry and the
provincial-level People’s Committees shall publicize lists of electricity
projects calling for investment in each period and the licensed investment
projects.
Article
12.- Using land for electricity works
1. Basing themselves on the
electricity development plannings and the land-use plannings as well as plans,
which have been already approved by competent state bodies, the People's
Committees at different levels shall have to arrange adequate land funds for
construction of electricity works.
2. When formulating investment
projects on electricity works, investors must clearly determine the to be-used
land areas and plans on compensations and ground clearance.
3. After the electricity
investment projects are approved, the competent state bodies shall decide on
land assignment or land lease for investors to execute their projects.
4. The People's Committees at
all levels shall, within the scope of their tasks and powers, have to assume
the prime responsibility for, and coordinate with the electricity project
investors in, formulating and executing the plans on ground clearance,
population relocation and resettlement; paying compensations for losses of land
and properties; protecting the land areas reserved for the projects and the
safety corridors of the electricity works.
Chapter
III
THRIFT IN ELECTRICITY
GENERATION, TRANSMISSION, DISTRIBUTION AND USE
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1. The State shall support and
encourage electricity savings with the following policies:
a) Encouraging the domestic
manufacture or the import of, applying tax preferences to, products on the
lists of electricity-saving products and equipment, supplies, technological
chains imported for manufacture of electricity-saving products;
b) Providing preferential loans
from the Development Assistance Fund and the Scientific and Technological
Development Fund to projects applying scientific research and technological
development results, investment projects on manufacture of electricity-saving
products or investment projects on electricity savings;
c) Providing investment,
electricity price and tax preferences as guided by the Finance Ministry to
investment projects on development of power plants using sources or new energy
or renewable energy.
2. The ministries,
ministerial-level agencies, Government-attached agencies, provincial-level
People's Committees shall have to draw up programs and projects on promotion of
thrifty and efficient use of electricity; arrange satisfactory funding for
scientific research and technological development in service of the
electricity-saving objectives.
3. Basing itself on the
socio-economic development objectives, the Industry Ministry shall coordinate
with the relevant ministries and/or branches in drawing up the national target
programs on energy savings and submit them to the Prime Minister for decision.
Article
14.- Economy in electricity generation
1. The electricity-generating
units shall have to select advanced electricity-generating technologies with
high efficiency and apply the optimal modes of operating electricity-generating
equipment to save fuels and sources of energy used for electricity generation,
contributing to ensure the national energy security.
2. The self-supply electricity
systems in power plants must be designed and installed rationally and be
arranged for use in the operation process in a way suitable to the requirements
of saving self-supply electricity.
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The systems of electricity
transmission lines and transformer stations must ensure advanced
techno-economic parameters and standards, be operated by optimal modes in order
to satisfy the requirements of stable, safe> constant supply of electricity
and minimize loss of electric energy.
Article
16.- Economy in electricity use
1. Organizations and individuals
using electricity for production shall have the responsibility:
a) To implement the programs on
electricity -demand management in order to reduce the capacity differences
between the peak hours and off-peak hours of the load charts of electric
systems;
b) To renew and rationalize the
process of manufacture, and application of technologies and equipment with low
electricity-consuming capacity to save electricity;
c) To minimize the use of
high-capacity electric equipment at peak hours of the load charts of electric
systems;
d) To ensure the capacity
coefficients according to technical standards and minimize the under-load use
of electric equipment;
e) To organize energy auditing
periodically and apply adjusting measures after the audit conclusions are made
according to the Industry Ministry's regulations.
2. The determination of
electricity retailing prices for production, daily-life and service activities
must ensure to stimulate organizations and individuals to use electricity
economically and to encourage the use of electricity at off-peak hours, to
reduce the use of electricity at peak hours of the load charts of electric
systems.
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4. Agencies and organizations
shall have to promulgate the regulations on thrifty use of electricity in their
respective agencies and organizations.
5. The Government shall direct
the elaboration and promulgation of electric energy-consuming norms for
electrical products and commodities.
Chapter IV
ELECTRICITY MARKETS
Section 1.
PRINCIPLES, SUBJECTS, FORMS AND CONTENTS OF OPERATION OF THE ELECTRICITY
MARKETS
Article
17.- Operation principles
1. To ensure publicity,
equality, fair competition, non-discrimination among subjects participating in
the electricity markets.
2. To respect the rights to opt
for partners and transaction forms of subjects purchasing and selling
electricity on the markets suitable to the development grades of electricity
markets.
3. The state shall regulate the
operation of the electricity markets in order to ensure the sustainable
development of the electric systems, meeting the requirements of safe, stable
and efficient supply of electricity.
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1. The electricity markets are
formed and develop according to the following grades:
a) The competitive electricity
generation market;
b) The competitive electricity
wholesaling market;
c) The competitive electricity
retailing market.
2. The Prime Minister shall
provide the roadmap and conditions for formation and development of electricity
markets of different grades.
Article
19.- Subjects participating in the electricity markets
1. Electricity-generating units.
2. Electricity-transmitting
units.
3. Electricity-distributing
units.
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5. Electricity-retailing units.
6. The national electric
system-regulating units.
7. Electricity market
transaction- administering units.
8. Electricity-using customers.
Article
20.- Electricity purchase and sale on electricity markets
1. Subjects purchasing and
selling electricity on the electricity markets include:
a) Electricity-generating units;
b) Electricity-wholesaling
units;
c) Electricity-retailing units;
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2. The electricity trading on
the electricity markets shall be effected in two following forms:
a) Trading through termed
contracts between the electricity sellers and the electricity buyers;
b) Spot dealing between the
electricity sellers and the electricity buyers via electricity market
transaction-administering units.
3. The electricity market
transaction-administering units shall have to regulate, coordinate activities
of electricity trading transactions and support services on the electricity
markets.
Article
21.- Operation of, administration of transactions on, the electricity markets
1. Major regulations on transaction
activities on the electricity markets include:
a) Rights and obligations of
subjects participating in the electricity markets being compatible with the
development grades of the electricity markets;
b) The technical properties of
electricity-generating, -transmitting or-distributing equipment;
c) Regulating the national
electric system on the electricity markets;
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dd) Spot electricity dealings on
the electricity markets;
e) Price offer and market price
determination;
g) Making invoices and payments
between electricity-trading subjects defined in Clause 1, Article 20 of this
Law and the support service-providing units;
h) Support service provision and
support service charges;
i) Handling violations and settling
disputes over complaints about electricity-trading activities and support
services on the electricity markets;
k) Supplying, publicizing
information related to operation of, administration of transactions on, the
electricity markets.
2. Major contents of
administering transactions on the electricity markets include:
a) Controlling transaction
activities of the subjects participating in the electricity market so as to
ensure that the markets operate strictly according to the regulations on
administering market transactions, the mutual agreements among the parties and
other law provisions;
b) Publicizing the electricity
prices for spot dealings and charges of assorted services prescribed in Clause
1 of this Article;
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d) Receiving and handling
proposals related to electricity trading transaction activities in the
electricity markets in order to ensure the stability and efficiency and prevent
acts of unfair competition;
dd) Supplying information
related to the operation of, administration of transactions in, the electricity
markets to the relevant parties;
e) Reporting on electricity
trading transaction activities in the electricity markets to the
electricity-regulating agencies.
3. The Industry Ministry shall
specify the contents defined in Clause 1 and guide the contents in Clause 2 of
this Article to suit every development grade of the electricity markets;
prescribe the organization, tasks and specific powers of the electricity market
transaction-administering units.
Section 2.
ELECTRICITY PURCHASE AND SALE AND SERVICE ON ELECTRICITY SUPPLY UNDER TERMED
CONTRACTS
Article
22.- Termed contracts on electricity purchase and sale
Termed contracts on electricity
purchase and sale must be made in writing and contain the following contents:
1. Contractual parties;
2. Use purpose;
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4. Rights and obligations of the
parties;
5. Electricity prices, payment
modes and time;
6. Conditions for contract
termination;
7. Liabilities for contractual
breaches;
8. The contractual term;
9. Other contents agreed upon by
the two parties.
Article
23.- Electricity money payment
1. The electricity buyers must
pay fully and on time the billed electricity money to the electricity sellers
according to the electricity price tables already approved by competent state
bodies. The electricity money shall be paid at the headquarters or residence places
of the electricity buyers or at convenient places agreed upon by the two
parties in the electricity purchase and sale contracts.
2. The electricity buyers that
pay the electricity money late must also pay the interests on the late-paid
sums to the electricity sellers.
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4. The interests on the
late-paid amounts or the excessively-collected amounts shall be agreed upon by
the parties in the contracts, which, however, must not exceed the highest
lending interest rates of the banks where the electricity sellers open their
accounts, as inscribed in the contracts at the time of payment.
5. The electricity buyers may
request the electricity sellers to re-examine the payable electricity money
amounts. Upon receiving the requests of the electricity buyers, the electricity
sellers shall have to settle them within fifteen days. Where they disagree with
the settlement by the electricity sellers, the electricity buyers shall propose
competent agencies or organizations to organize the conciliation. In case of
not proposing the conciliation or failed conciliation, the electricity buyers
may initiate lawsuits at courts according to law provisions on civil
procedures. Pending the settlement, the electricity buyers shall still have to
pay the electricity money and the electricity sellers must not stop the
electricity supply.
6. In cases where the
electricity buyers do not pay the electricity money though they have been
notified of the payment three times by the electricity sellers, fifteen days
after the first notification, the electricity sellers may stop supplying the
electricity.
The electricity sellers must notify
the time for stopping the electricity supply to the electricity buyers 24 hours
in advance and shaft not bear responsibly for the damage caused by the
electricity supp/y stoppage.
Article
24.- Electricity measurement, counting
1. The electricity-generating
-transmitting and/ or -distributing units shall have to invest and install all
electricity-measuring or -counting equipment as well as electricity measurement
or counting-support equipment except otherwise agreed upon by the parties.
2. The electricity-measuring or
-counting equipment must be compatible with Vietnam standards and be
standard-inspected and sealed off by state management agencies in charge of
measurement.
3. Electricity meters must be
installed in areas under the electricity buyers' management, except otherwise
agree upon by the parties. The installation positions and installation of
meters must ensure safety, beautiful look and convenience for electricity
buyers to cheek the meter readings and the electricity setters must note down the
meter readings.
4. The electricity buyers shall
have to protect the meters instated in areas under their management and
promptly notify the electricity sellers of the loss or damage of meters. The
electricity sellers shall have to protect meters installed outside areas under
the electricity buyers' management
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1. Only competent or authorized
organizations as prescribed by the measurement-State management agencies may
inspect electricity-measuring or -counting equipment.
2. The electricity sellers shall
have to organize the inspection of electricity-measuring or -counting equipment
strictly according to the requirements and time limits prescribed by the
measurement-state management agencies.
3. When having doubt that
electricity-measuring or -counting equipment are inaccurate, the electricity
buyers may request the electricity setters to check them; within three days as
from the date of receiving the requests from the electricity buyers, the
electricity sellers must check and repair or replace them, in case of
disagreeing with the check results, repair or replacement by the electricity
sellers, the electricity buyers may request the local State management agencies
in charge of electricity activities and use to organize independent inspection.
Within fifteen days as from the date of receiving the requests of the
electricity buyers, the local State management agencies in charge of
electricity activities and use shall have to organize the inspection,
4. The expenses for organization
of independent inspections of electricity-measuring or -counting equipment
under the provisions of Clause 3 of this Article shall be paid as follows:
a) In cases where the
independent inspecting organizations determine that the electricity-measuring
or -counting equipment operate in strict accordance with Vietnamese standards,
the electricity buyers shall have to pay the inspection expenses.
b) In cases where the
independent inspecting organizations determine that the electricity-measuring
or -counting equipment operate not in accordance with Vietnamese standards, the
electricity sellers shall have to pay the inspection expenses.
5. Where the independent
inspecting organizations determine that the readings of the measuring or
counting equipment exceed the actually consumed electricity output, the
electricity sellers shall have to reimburse the excessively collected amounts
to the electricity buyers.
Article
26.- Ensuring quality of electric power
1. The electricity-generating,
-transmitting or -distributing units must ensure the compatibility of voltages
and electric current frequencies with Vietnamese standards, the contractual
electricity output, electric power and electricity supply duration. In case of
failure to ensure the standards of voltage, electric current frequency, output,
electric power and electricity supply duration according to the signed
contracts, thus causing damage to the electricity buyers, the electricity
sellers must pay compensations to the electricity buyers according to law
provisions.
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Article
27.- Electricity supply cessation, reduction
1. In case of non-urgent
cessation or reduction of electricity supply, except for cases prescribed in
Clause 6, Article 23 of this Law, the electricity sellers must notify the
electricity buyers thereof at least five days before the time of electricity
supply cessation or reduction by announcing such for three consecutive days on
the mass media or in other forms of information.
2. In case of urgent cessation
or reduction of the electricity supply due to incidents or force majeure
events, which are beyond the electricity sellers' control and threaten to cause
serious unsafely for human beings, equipment or due to electricity shortage
which threatens the safety of the electric systems, the electricity-generating,
-transmitting or -distributing units may cease or reduce the electricity supply
to the electricity buyers for handling and must within 24 hours notify the
electricity buyers of the causes and the estimated time for resumption of
electricity supply.
3. In cases where electricity
units cease or reduce the electricity supply in contravention of the
regulations on electricity supply cessation or reduction, they shall be
sanctioned according to law provisions on handling of administrative
violations; if causing damage, they must pay compensations to the electricity
buyers according to law provisions,
4. In cases where the
electricity buyers fail to comply with the provisions at Points a and b of
Clause 2, Article 46, Points b and c of Clause 2, Article 47 of this Law, the
electricity sellers may cease the electricity supply to the electricity buyers.
Article
28.- Electricity purchase and sale with foreign countries
1. The electricity purchase and
sale with foreign countries must be permitted by competent state bodies and
stated in the electricity operation licenses.
2. The electricity purchase and
sale with foreign countries through the national electric system must ensure
the following principles;
a) Not to affect the safety,
reliability and stability in operating the national electric system;
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c) Not to cause harms to the
interests of domestic electricity-using customers and the national electricity
security.
3. The electricity-using
customers in border regions may buy electricity directly from foreign countries
without going through the national electric system but must ensure the electric
safety criteria and other relevant law provisions.
Section 3.
ELECTRICITY PRICES
Article
29.- Electricity price policies
1. To create conditions for
various economic sectors to invest in electricity development with reasonable profits,
energy resource saving, the use of various new energy, renewable energy without
causing environmental pollution in electricity activities, thus contributing to
boosting socioeconomic development, particularly in rural areas, mountainous
regions, islands.
2. To encourage the thrifty and
efficient use of electricity.
3. To implement reasonable price
subsidy mechanisms among various customer groups; To gradually reduce, then
proceed to abolish the cross subsidy between the production electricity prices
and the daily-life electricity prices, thus contributing to boosting production
and raising the competitiveness of enterprises.
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 price tables prescribed by the State in the
electricity markets.
5. To ensure the legitimate
rights and interests of electricity units and electricity-using customers.
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1. The electricity price
policies.
2. The socio-economic
development conditions of the country, people's incomes in each period.
3. The electricity supply-demand
relationship.
4. The electricity production
and business costs and reasonable profits of electricity units.
5. The electricity market
development grades.
Article
31.- Electricity prices and assorted charges
1. The electricity retailing
price tables shall be approved by the Prime Minister. The electricity
-regulating agency shall assist the Industry Minister in formulating the
electricity retailing price tables and submit them to the Prime Minister for
approval.
2. The brackets of electricity
generation prices, electricity-wholesaling prices and assorted charges for
electricity transmission, distribution, electric-system regulation, electricity
market transaction administration, support service expenses shall be formulated
by the concerned electricity units and appraised by the electricity-regulating
agency before they are submitted to the Industry Minister for approval.
3. The electricity generation
prices, electricity-wholesaling prices and electricity-retailing prices under
termed contracts for electricity sale shall be decided by electricity units but
must not fall beyond the price brackets, price tables already approved by
competent state management bodies.
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Chapter V
ELECTRICITY ACTIVITY
LICENSES
Article
32.-Subjects eligible and conditions for granting, amending or supplementing
electricity activity licenses
1. Each organization or
individual shall be granted a license for conducting electricity activities in
one or many forms.
2. Organizations, individuals
shall be granted electricity activity licenses, have their electricity
operation licenses amended or supplemented when fully satisfying the following
conditions:
a) Having feasible projects or
schemes for electricity activities;
b) Having valid dossiers of
application for the grant, amendment or supplementation of electricity activity
licenses;
c) The administrators or
managers have the managerial capability and professional qualifications
suitable to the fields of electricity activities.
3. Organizations and individuals
applying for the grant, amendment or supplementation of electricity activity
licenses must pay fees according to law provisions.
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Article 33.
Dossiers of application for grant, amendment or supplementation of electricity
activity licenses
1. The written application for
grant, amendment or supplementation of an electricity activity license.
2. The electricity activity
project or scheme.
3. The report on assessment of
environmental impacts of the electricity activity project already approved by
competent state body.
4. The list, curricula vitae,
diplomas evidencing the managerial capability, professional qualifications of
administrators, managers of the electricity units.
Article
34.-Cases of exemption from electricity activity licenses
1. The following cases shall be
exempt from electricity activity licenses:
a) Organizations or individuals
invest in the construction of electricity-generating establishments for their
own use, not for sale of electricity to other organizations or individuals;
b) Organizations or individuals
engaged in electricity generation with the installation capacity below the
level prescribed by the industry Ministry;
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d) The national electric
system-regulating unit and the electricity market transaction- administering
unit.
2. Orqanizations and individuals
exempt from electricity activity licenses under the provisions of Clause 1 of
this Article must comply with the procedures and regulations on operation
management, regulations on electricity prices, technical conditions and safety
prescribed in this Law.
3. The provincial-level People's
Committees shall have to manage and inspect organizations and individuals
engaged in electricity activities prescribed at Points a, b and c, Clause 1 of
this Article.
Article
35.- Contents of an electricity activity license
1. Name and head-office address
or the organization or individual licensed for electricity activities.
2. Form of electricity
activities.
3. Rights and obligations of the
organization or individual licensed for electricity activities.
4. Scope of electricity
activities.
5. Techniques and technologies
used in electricity activities.
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Article
36.- Time limit for grant, amendment or supplementation of electricity activity
licenses
Within thirty working days as
from the date of receiving the complete and valid dossiers, the competent state
agencies must grant or amend, supplement electricity activity licenses; in case
of refusal, they must notify thereof in writing and clearly state the reasons
therefor.
Article
37.- Withdrawal of electricity activity licenses
Organizations and individuals
shall have their electricity activity licenses withdrawn in the following
cases:
1. Failing to deploy activities
six months after being granted the electricity activity on licenses;
2. Failing to ensure electricity
activity conditions as provided for by this Law;
3. Failing to comply with the
contents prescribed in the electricity activity licenses;
4. Leasing, lending or modifying
without permission their electricity activity licenses.
Article
38.- Competence to grant, amend, supplement or withdraw electricity activity
licenses.
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2. The provincial-level People's
Committees shall grant electricity activity licenses to organizations,
individuals engaged in small-scale electricity activities within their
respective localities under the guidance of the Industry Ministry.
3. The electricity
activity-licensing agencies may amend, supplement and withdraw electricity
activity licenses. The amendment and supplementation of electricity activity
licenses must be compatible with the execution capabilities of the licensed
organizations or individuals.
4. The grant of electricity
activity licenses for electricity generation, transmission or distribution must
conform with the approved electricity development plannings.
Chapter VI
RIGHTS AND OBLIGATIONS
OF ELECTRICITY UNITS AND ELECTRICITY-USING CUSTOMERS
Article
39.- Rights and obligations of electricity-generating units
1. The electricity-generating
units shall have the following rights:
a) To conduct electricity-
generating activities and other activities according to their electricity
activity licenses;
b) To connect to national
electric systems when satisfying the technical conditions and criteria;
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d) To be supplied with necessary
information on electricity generation;
dd) To propose competent state
agencies to amend, supplement regulations, criteria and techno-economic norms
in service of electricity-generating activities;
e) Other rights prescribed by
law.
2. The electricity-generating
units shall have the following obligations:
a) To abide by the processes and
regulations on operation of power plants, electricity grids;
b) To abide by the operation
modes, commanding orders and direction of the national electric
system-regulating unit.
c) To handle incidents;
d) In case of dangers
threatening human lives and equipment safety, to cease or reduce the
electricity generation if there is no other alternative;
dd) To abide by the provisions
of this Law on the electricity markets and other relevant law provisions;
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g) To comply with the law
provisions on environmental protection in electricity-generating activities;
h) To promptly notify the
national electric system-regulating unit and relevant organizations as well as
individuals of electricity generation incidents upon their occurrence;
i) To invest in transformer
stations, meters and transmission lines to meters for electricity buyers,
unless otherwise agreed upon with the electricity- transmitting units,
electricity-distributing units or electricity buyers;
k) Other obligations prescribed
by law.
Article
40.- Rights and obligations of electricity-transmitting units
1. The electricity-transmitting
units shall have the following rights:
a) To conduct
electricity-transmitting activities according to their electricity activity
licenses;
b) To elaborate and submit for approval
the electricity transmission charges;
c) To be supplied with necessary
information on electricity-transmitting activities;
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dd) Other rights prescribed by
law.
2. The electricity-transmitting
units shall have the following obligations:
a) To ensure the safe, stable
and reliable operation of the electricity grids and electricity transmitting
equipment;
b) To ensure the provisions of
transmission services as well as support services for the concerned parties,
except where the electricity grids are overloaded under certification by the
electricity-regulating agency;
c) To comply with the operation
modes, commanding orders and directions of the national electric
system-regulating unit;
d) To handle incidents;
dd) In case of danger
threatening human lives and equipment safety, to cease or to request the
national electric system-regulating unit to reduce the transmitted load, if
there is no other alternative;
e) To draw up plans for
investment in development of the electricity transmission grids and invest in
the development of electricity transmission grids to satisfy the electricity
transmission demands under the electricity development plannings; to invest
electricity-measuring or -counting equipment as well as support equipment,
unless otherwise agreed upon with electricity-generating units,
electricity-distributing units or electricity-using customers;
g) To report on transmission
readiness, the reserve capacity of electricity-transmitting equipment at
requests of the national electric system-regulating unit, the electricity
market transaction-administering unit, the electricity-regulating agency or competent
state bodies;
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i) Other obligations as
prescribed by law.
Article 41.-
Rights and obligations of electricity-distributing units
1. The electricity-distributing
units shall have the following rights:
a) To conduct
electricity-distributing activities and other activities according to their
electricity activity licenses;
b) To elaborate and submit for
approval the electricity distribution charges;
c) To enter the areas under
electricity buyers' management to operate, maintain, repair or replace electric
equipment of electricity-distributing units;
d) To be supplied with necessary
information on electricity-distributing activities;
dd) To propose competent state
agencies to amend, supplement regulations, standards, techno-economic norms in
service of electricity-distributing activities;
e) Other rights prescribed by
law.
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a) To ensure the safe, stable
and reliable operation of the electricity grids and electricity-distributing
equipment;
b) To ensure the provision of
electricity distribution services for electricity-using customers,
electricity-retailing units, electricity-wholesaling units up to the technical
standard, service quality and safety requirements under contracts, except where
the electricity distribution grids are overloaded under certifications by the
electricity-regulating agency;
c) To draw up plans for
investment in the development of electricity distribution grids and to invest
in the development of electricity distribution grids to meet the electricity
demands under electricity development plannings; to invest meters and
transmission lines to meters for electricity buyers, unless otherwise agreed
upon with the electricity buyers;
d) To implement the national
target programs on management of electricity demands;
dd) To abide by the operation modes,
commanding orders and direction by the national electric system-regulating
unit;
e) To report on operation
readiness, reserve capacity of electricity grids and electricity- distributing
equipment, electricity using demands in their respective areas of activity at
requests of the national electric system-regulating unit, the electricity
market transaction-administering unit, the electricity-regulating agency or
competent State bodies;
g) To handle incidents;
h) In case of danger threatening
human lives and equipment safety, to cease or reduce the electricity
distribution if there is no other alternative;
i) To restore the electricity
supply within 2 hours after the detection of incidents or receipt of reports
from the electricity buyers; in case of being unable to fulfill this within the
above time limit, to immediately notify the electricity buyers of the causes
and the estimated time for electricity supply resumption;
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Article
42.- Rights and obligations of the
1. The national electric
system-regulating unit shall have the following rights:
a) To command and direct the
electricity-generating units, electricity-transmitting units,
electricity-distributing units in implementing the modes of operating the national
electric system;
b) To adjust plans, modes of
mobilizing capacities of power plants;
c) To command the handling of
emergency or abnormal circumstances in the national electricity system; to
mobilize capacities and outputs of power plants in the national electric
system; to command the operation of electricity transmission grids and electric
distribution grids; to cease or reduce electricity supply in case of danger
threatening the safe, reliable operation of the national electric system;
d) To request relevant
electricity units to supply information on technical properties, readiness to
participate in operation and load carriage of electricity-generating, -
transmitting or-distributing equipment; electricity demands of customers in
order to determine the modes of operation of the national electric system;
dd) Other rights prescribed by
law.
2. The national electric
system-regulating unit shall have the following obligations:
a) To ensure safe, stable and
economical operation of the national electric system;
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c) To abide by the stipulations
on the national electric system regulation in the electricity markets,
transmission grids and the instructions of the electricity-regulating agency,
the electricity market in mobilization of capacity and electric output of
electricity-generating units in the national electric system;
d) To formulate and implement
modes of operating the national electric system based on plans, modes of
mobilizing capacities of power plants and support services publicized by the
electricity market transaction-administering unit;
dd) To notify the mobilized
capacities, outputs and support services to the electricity market transaction-administering
unit for the latter to make payment invoices;
e) To report in time to the
electricity-regulating unit on, and to notify the electricity market
transaction-administering unit of, emergency or abnormal circumstances
seriously threatening the safe and reliable operation of the national electric
system;
g) Other obligations prescribed
by law.
Article 43-
Rights and obligations of electricity-wholesaling units
1. The electricity-wholesaling
units shall have the following rights:
a) To conduct electricity
wholesaling and other activities according to their electricity activity
licenses;
b) To purchase electricity
directly from electricity-generating units under termed contracts or conduct
electricity spot dealing on the electricity markets;
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d) To use electricity
transmission, distribution services suitable to each grade of the electricity
markets;
dd) To enter areas under the
electricity buyers' management to check electricity meters, inscribe figures
indicated by meters and contact customers;
e) To be supplied with necessary
information on electricity-wholesaling activities;
g) Other rights prescribed by
law.
2. The electricity-wholesaling
units shall have the following obligations:
a) To self electricity strictly
according to the quantity, quality and at prices agreed upon in contracts;
b) To comply with this Law's provisions
on the electricity markets and other relevant law provisions;
c) To pay compensations when
causing damage to electricity buyers or electricity sellers according to law
provisions;
d) To supply necessary
information on wholesaled electricity volumes at requests of the national
electric system-regulating unit or competent state bodies;
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Article
44.-Rights and obligations of electricity-retailing units
1. The electricity-retailing
units shall have the following rights:
a) To conduct
electricity-retailing activities according to their electricity activity
licenses;
b) To compete for electricity
purchase and sale on the electricity markets;
c) To set competitive
electricity-retailing prices on the market within the electricity price bracket
of the electricity-retailing price table approved by the Prime Minister, except
for the cases prescribed in Clause 2, Article 62 of this Law;
d) To use electricity
transmission or distribution services suitable to each grade of the electricity
market;
dd) To enter areas under the
electricity buyers' management to check electricity meters, record the readings
of meters and to contact customers;
e) To be supplied with necessary
information on electricity-retailing activities;
g) Other rights prescribed by
law.
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a) To sell electricity strictly
according to the volume, quality and at prices agreed upon in contracts;
b) To comply with this Law's
provisions on the electricity markets and other relevant law provisions;
c) To formulate and submit to
the provincial-level People's Committees for approval the daily-life
electricity-retailing prices for rural areas, mountainous regions, islands,
where the electricity production and supply under the market mechanism cannot
offset the expenditures incurred by electricity-retailing units;
d) To post up at their offices
and transaction places the approved electricity price tables; the documents
guiding the procedures for electricity supply, measurement, counting,
inscription of meter figures, invoice making, electricity charge collection and
termination of electricity services; the license contents and technical
criteria applicable to organizations or individuals licensed for electricity-retailing
activities; the documents on time and necessary expenses for electricity supply
to new customers with connection to the electric system; the regulations on
electricity supply cessation or reduction according to Article 27 of this Law;
dd) To guide the electric safety
for electricity-using customers;
e) To pay compensations for
damage caused to electricity buyers or electricity sellers according to law
provisions;
g) To supply necessary
information on the retailed electricity volumes at requests of competent state
bodies;
h) Other obligations prescribed
by law.
Article
45.-Rights and obligations of specialized electricity consultancy units
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a) To conduct consultancy
activities according to electricity activity licenses;
b) To propose competent state
bodies to amend, supplement regulations, standards, techno-economic norms in
service of specialized electricity consultancy activities;
c) To request relevant agencies
to supply necessary information in accordance with law provisions in service of
specialized electricity consultancy activities;
d) To cooperate with foreign
organizations, individuals in the field of specialized electricity consultancy;
dd) Other rights prescribed by
law.
2. The specialized electricity
consultancy units shall have the following obligations:
a) To apply Vietnam's
regulations, standards, techno-economic norms related to electricity planning,
construction investment consultancy. In case of applying foreign regulations
and standards, the competent state agencies' approval is required;
b) To apply advanced calculating
technologies and methods in order to formulate electricity development planning
projects and dossiers, documents on investment in construction of electricity
works suitable to the requirements of modernization in the field of electricity
generation, electricity transmission, electricity distribution, in order to
raise the economic efficiency and ensure safety and high reliability in
investment in construction of electricity works,"
c) To bear responsibility for
quality of products and/or services already provided;
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Article
46.- Rights and obligations of electricity-using customers
1. The electricity-using
customers shall have the following rights:
a) To select the electricity
sellers in the competitive electricity-retailing market;
b) To be supplied with adequate
electricity volume, output, be assured of electricity quality, already agreed
upon in contracts;
c) To request the electricity
sellers to promptly restore the electricity supply after blackouts;
d) To be supplied with, or
briefed on, information related to electricity trading and the guidance on
electric safety;
dd) To be compensated for damage
caused by the electricity sellers according to law provisions;
e) To request the electricity
sellers to check the electricity service quality, the precision of
electricity-measuring or -counting equipment, the payable electricity charges;
g) To complain about, denounce
acts of violating legislation on electricity by electricity sellers;
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2. The eiectricity-using
customers shall have the following obligations:
a) To pay electricity charges
fully and on time and to fulfill other agreements in electricity trading
contracts;
b) To use electricity safely,
thriftily and efficiently; to comply with regulations on management of
electricity demands;
c) To promptly switch off
electricity supply or reduce the electricity consumption level upon receipt of
notices of the electricity sellers in the cases prescribed in Article 27 of
this Law;
d) To notify the electricity
sellers five days in advance of their need to temporarily cease their
electricity use, fifteen days in advance of their wish to terminate the
electricity purchase and sale contracts;
dd) To promptly notify the
electricity sellers of abnormal phenomena upon detection thereof, which may
cause blackouts, unsafety to people and properties;
e) To create conditions for
electricity sellers to check the meters, inscribe figures indicated on meters
and contact customers;
g) To ensure the technical
standards and safety requirements of electrical appliances;
h) To pay compensations for
damage caused to electricity sellers according to law provisions;
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k) Other obligations prescribed
by law.
Article
47.- Rights and obligations of big electricity-using customers
1. The big electricity-using
customers shall have the following rights:
a) The rights prescribed in
Clause 1, Article 46 of this Law;
b) To buy electricity directly
from electricity-generating units through termed contracts or spot dealings on the
electricity market;
c) To be entitled to direct
connection to national electricity transmission grids.
2. The big electricity-using
customers shall have the following obligations:
a) The obligations prescribed in
Clause 2, Article 46 of this Law;
b) To follow the
electricity-using regime at the request of national electric system-regulating
unit, to apply measures to ensure the voltage standards, electric safety and
other contents agreed upon in the electricity-trading, electricity-transmitting
contracts;
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d) To abide by the operational
orders of the national electric system-regulating unit.
Chapter
VII
PROTECTION OF ELECTRIC
EQUIPMENT, ELECTRICITY WORKS AND ELECTRIC SAFETY
Article
48.- Responsibility to protect electric equipment, electricity works and
electric safety
1. Organizations and individuals
have the responsibility to observe the law provisions on protection of electric
equipment, electricity works and electric safety.
2. Organizations and individuals
have the responsibility to notify in time the electricity units or competent
state agencies of electric-unsafety phenomena as well as acts of violating the
regulations on protection of electric equipment, electricity works and
electricity safety upon the detection thereof.
3. The ministries,
ministerial-level agencies, Government-attached agencies, People's Committees
at all levels have the responsibility to organize and direct the observance of
law provisions on protection of electric equipment, electricity works and
electric safety.
Article
49.- Responsibility for implementation coordination upon the construction or
renovation of electricity works and other works
1. Upon the construction,
renovation or expansion of public works or other works, which may affect the
safety of electric equipment, electricity works and electric safety, investors
must coordinate with electricity units for settlement.
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3. Where the involved parties
cannot reach agreement, they can request competent state agencies to settle and
abide by the decisions of competent State agencies.
Article
50.- High-voltage electricity grid safety protection corridors
1. A high-voltage electricity
grid safety corridor is the delimited space along an electricity transmission
line or around a transformer station and specified according to voltage level.
2. The high-voltage electricity
grid safety protection corridor includes:
a) The overhead electricity
transmission line safety protection corridor;
b) The underground electric
cable safety protection corridor;
c) The transformer station
safety protection corridor.
3. The Government shall specify
the high-voltage electricity grid safety protection corridors.
Article
51.- Overhead electricity transmission line safety protection
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2. Before granting permits to
organizations or individuals for construction, expansion or renovation of
dwelling houses or works in the overhead electricity transmission line safety
protection corridors, the permit-granting agencies must request the investing
owners of such dwelling houses or works to agree in writing with the
high-voltage electricity grid-managing units on measures to protect the safety
of the overhead electricity transmission lines and the safety in the course of
construction, expansion, renovation and use of such dwelling; houses or works.
3. Dwelling houses and works
where people regularly live or work must not be allowed to exist in the safety protection
corridors of the overhead electricity transmission lines of 500 kV or higher,
except for specialized works in service of operation of such electricity grids.
4. All activities, if involving
the use of equipment, instruments or means which may encroach upon the
electricity discharge safety distance according to voltage grade, shall be
banned from being carried out in overhead electricity transmission line
protection corridors. In special cases where it is due to urgent defense or
security requirements, agreement must be reached with the electricity
grid-managing units on necessary safety protection measures.
5. At a cross-section between an
overhead electricity transmission line and a land road or railway, the minimum
height of the electricity transmission line at the lowest point when the line
is in the state of maximum sagging is 4.5 meters plus the voltage-based
electricity discharge safety distance.
Where the highest points
on the transport means are higher than the 4.5 meter-height, the means owners
must contact the high-voltage electricity grid-managing unit for application of
necessary safety measures.
6. At a cross-section between an
overhead electricity transmission line and a railway reserved for electric
trams, the minimum height of the transmission line at the lowest point when the
line is in the state of maximum sagging is 7.5 meters plus the voltage-based
electricity discharge safety distance.
7. At a cross-section between an
overhead electricity transmission line and an inland waterway, the minimum
height of the electricity transmission line at the lowest point when the
transmission line is in the state of maximum sagging is equal to the overhead
clearance height according to technical grade of the inland waterway plus the
voltage-based electricity-discharge safety distance. The waterway transport
means, when traveling through cross-sections between overhead electricity
transmission lines and inland waterways must ensure that their heights shall
not exceed the overhead clearance heights according to technical grades of such
inland waterways.
The safety distance of the
overhead electricity transmission lines cutting across sea routes shall be
specified for each specific case.
8. When carrying out activities
on land or underground near or in the overhead electricity transmission line
safety protection corridors, which may affect the normal operation of the
transmission lines or threaten to cause electric incidents or accidents, the
units carrying out such activities must reach agreement with the electricity
work-managing units on necessary safety protection measures.
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1. It is forbidden to dig holes,
pile goods, drive piles, plant trees, build houses and other works, anchor
vessels in underground electric cable protection corridors.
2. It is forbidden to discharge
cable-corroding water and substances, equipment into underground electric cable
protection corridors.
3. In case of discharging water
and other substances outside the underground electric cable protection
corridors, which may infiltrate, corrode and damage the cables, the owners or
managers, users of dwelling houses or works from which such water or substances
are discharged, shall have to handle them so as not to affect the cables.
4. When building works on land
or dredging rivers, lakes within the underground electric cable protection
corridors, the builders must notify such to the electricity work-managing units
at least ten days in advance and must apply measures to protect the safety of
the underground electric cables.
Article
53.- Transformer station safety protection
1. Not to build dwelling houses,
works or to plant trees of over two meters high in the transformer station
safety protection corridors; not to encroach upon the walk-ins and walk-outs of
transformer stations.
2. Dwelling houses or works
built near transformer station protection corridors must ensure not to damage
any parts of the stations.
Article
54.- Electricity generation safety
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.
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2. The electric equipment rooms
must be safely protected against fires and explosion; have signboards for
danger areas, exits, adequate lighting system, electric equipment-air cooling
system; air-ventilating holes must be net-protected against encroachment by
animals, minimizing the adverse impacts on environment.
3. Depending on the technical
properties and protection requirements of each type of electric equipment,
protection nets, partitions and safety signboards must be put up; the safety
distance from the protection nets or partitions to the electricity-carrying
parts of equipment must not be shorter than the prescribed distance and
measures must be worked out to minimize adverse environmental impacts on
operation of electric equipment.
4. In areas where exist
inflammables, explosion-prone substances, the electric systems must be designed
and installed according regulations on fire and explosion prevention and
fighting; only specialized fire- and explosion-preventing and -fighting
equipment and tools shall be used.
5. The electric cable systems in
power plants or electricity-generating stations must comply with the following
regulations on safety:
a) Electric cables must be
arranged tidily according to their types, technical properties, voltage levels
and placed on wooden shelves. Electric cables running through areas affected
with high heat must be heat- insulated and threaded through protection tubes;
b) Cable tunnels or ditches must
be lidded, well drained, kept clean and dry. Not to let water, oil, chemicals,
extraneous matters accumulate in cable tunnels and ditches. Cable tunnels must
have walls to prevent fires from spreading widely; be furnished with automatic
fire alarming and fighting system, lighting system at safe voltages suitable to
electric safety regulations and technical standards.
6. Lightning-arresting and
earthed equipment and systems in the power plants, electricity- generating
stations, electricity-distributing stations must be installed strictly
according to designs, pre-acceptance tested and periodically checked strictly
according to electric safety regulations and technical standards.
Article
55.- Safety in electricity transmission, distribution
1. Electricity work owners shall
have to:
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b) Color-paint and place signal
lights on tops of posts of special heights and special positions in order to
safely protect the high-voltage electricity grids.
2. At cross-sections between
overhead high-voltage transmission lines, underground electric cables and
railways, land roads, inland waterways, the placement and management of
signboards and "no-cross" signboards for transport means shall comply
with the regulations of the Transport Ministry. Owners of the subsequently
built- works must bear the costs of placement of signboards and
"no-cross" signboards.
3. When handing over electricity
transmission works, the work investors must hand to the units managing the
operation of the electricity grids all technical documents, pre-acceptance test
records, land assignment or land lease decisions and documents related to
compensations and ground clearance according to law provisions.
4. Units managing the operation
of electricity grids must periodically organize the inspection, technical
maintenance and overhaul of electricity grids, ensuring that the systems
operate safely according to regulations on electric safety; conduct regular
checks, detect and prevent acts of violating the regulations on electric safety,
safely protect high-voltage electricity grids and coordinate for implementation
of technical solutions and optimal operation in order to reduce electric energy
loss in the course of electricity transmission.
5. When repairing or maintaining
electricity transmission works, the units managing the operation of electricity
grids and units performing the repair or maintenance must fully and strictly
follow the order of safety measures prescribed by the regulations on electric
safety techniques.
6. The high-voltage transmission
line sections running over dwelling houses and/or works where people
permanently live or work must be supported with steel or concrete poles, and
the electric wires must not have joints in intervals between poles, except for
electric wires of cross-section of 240 mm or over, which are permitted to have
one joint for one eiectric phase and must meet other law-prescribed standards
on protection of safety of high-voltage electricity grids. The units managing
the operation of electricity grids must not overload such transmission lines.
7. Electric cables running
underground or lying in the structure of other works or running together with
communications lines must be guaranteed with safety distances prescribed by
regulations on electric equipment and other relevant law provisions.
8. The lightning-arresting and
earthed equipment and systems of the electricity transmission and distribution
grids must be installed strictly according to designs, pre-acceptance tested
and periodically checked strictly according to electric safety regulations and
technical standards.
Article
56.- Safety in connection to national electric systems
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2. Only independent electricity
grids, which satisfy all conditions and technical standards prescribed by the
Industry Ministry, can be connected to national electric systems.
Article
57.- Safety in use of electricity for production
1. Organizations and individuals
using electricity for production must comply with the regulations on electric
safety, regulations and technical standards on electric safety must conform
with Vietnamese standards.
2. Electric equipment, systems
of electric equipment, lightning-arresting and earthed systems must be
pre-acceptance tested, periodically and extraordinarily checked according to
the electric safety regulations and technical standards. The diagrams of these
systems must be compatible with actual positions and be archived together with
inspection minutes throughout the course of operation.
3. The internal transformer
stations, high-voltage equipment and transmission lines must be installed and
managed according to electric safety regulations and technical standards.
4. Electric equipment must
conform to "Vietnamese Standard - Low-Voltage Electric Equipment - General
Requirements on Protection against Electric Shocks" and " Vietnamese
Standard - Regulations on Earth-Connection and Air-Connection of Electric
Equipment" to prevent electric shocks.
5. Electricity transmission
lines, electric conductors must be designed and installed to ensure clear and
airy production ground, thus avoiding mechanical or chemical impacts with may
cause breakdowns. Metal structures of workshops, machinery, metal tubes must
not be used as "neutral conductors," except for special cases where
separate designs approved by competent state bodies are required.
6. The electric systems in areas
where exist inflammables, explosion-prone substances must be designed,
installed and used according to the provisions of Clause 4, Article 54 of this
Law.
7. Electric equipment used in
minerals exploitation, electric instruments, mobile electric equipment, welding
machine, electrolysis, electroplating equipment must conform to the relevant
electric safety regulations and technical standards.
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1. The total output of electric
equipment used in offices, daily-life and service activities must conform to
the designed capacity; the cross-sections and insulation durability of electric
wires must conform to technical standards.
2. Heat-emitting electric
equipment must not be placed near things easy to catch fire or to explode.
3. Electric equipment must be
checked and maintained according to regulations, satisfy the electric safety
technical standards and not cause dangers to users.
4. Electricity-using
organizations and individuals shall have to organize the examination of safety
of their respective electric systems, detecting and preventing in time dangers
of electric incidents or accidents.
5. Low-voltage electricity grids
shall be built only after their designs are approved.
6. Electric branch lines
conducting electricity to dwelling houses, works must satisfy electric safety
conditions, ensure beautiful look and not hinder activities of traffic means,
ambulances, fire-fighting engines.
7. In three-phase four-wire
electric circuits, automatic circuit breakers, switches, fuses and other
circuit-breaking equipment must not be connected to the neutral wires.
8. In one-phase two-wire
electric circuits, fuses and switches must be connected to the phase wire, but
not to the neutral wire. Automatic circuit breakers and two-pole knife-switches
are encouraged to be installed so as to simultaneously switch on/off of two
wires.
Article
59.- Using electricity as direct protection means
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2. Electricity shall be used as
a direct protection means only when other protection measures have been applied
inefficiently, and such must be permitted by competent state agencies.
3. Electric fences must be
designed and installed to avoid all accidental contacts with people and cattle,
to have danger signboards, not to affect the operation of electric system and
not to cause danger to vicinities and living environment. The electric fence
managers and users must be professionally trained in electricity.
4. The Minister of Public
Security, the Minister of Defense shall, within the ambit of their respective
tasks and powers, prescribe areas permitted for use of electric fences.
5. The Industry Minister shall
prescribe standards and conditions for using electricity as direct protection
means.
Chapter
VIII
ELECTRICITY IN SERVICE
OF RURAL AND MOUNTAINOUS AREAS, ISLANDS
Article
60.- Policies on development of rural, mountainous, island electricity
1. To attract all resources for
investment in building electricity infrastructures, accelerate the process of
rural, mountainous and island electrification.
2. To create favorable
conditions for people in deep-lying, remote areas, ethnic-minority regions,
regions facing exceptionally difficult socioeconomic conditions to use
electricity for production and daily-life activities.
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4. To encourage organizations
and individuals to invest in construction of electricity grids or
electricity-generating stations using local energies, new energies, renewable
energies to supply electricity to rural, mountainous or island areas.
5. To prioritize the adequate
and timely supply of electricity to water pumping stations in service of
irrigation, water-logging and drought fighting.
Article 61.
Investment in development of rural, mountainous and island electricity
1. The State shall adopt
policies to support electricity units operating in areas where electricity
investment and operations bear no economic efficiency.
2. The State shall adopt
policies to provide investment support for construction of transmission lines
from the outlets of electricity meters to electricity-using households entitled
to social policies and meeting with exceptional economic difficulties as
certified by local People's Committees.
3. The State's support policies
cover:
a) Support in investment
capital;
b) Support in interest rates on
investment capital loans;
c) Tax preferences.
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4. The People's Committees at
all levels shall have to create conditions for organizations and individuals to
invest in building, renovating or upgrading rural, mountainous, island electricity
grids.
Article
62.- Electricity retailing prices in rural, mountainous and island areas
1. The electricity retailing
prices in rural, mountainous and island areas shall comply with the table of
electricity retailing prices prescribed in Clause 1, Article 31 of this Law,
except forthe cases provided for in Clause 2 of this Article.
2. The retailing prices of
electricity for daily-life activities in areas where electricity investment and
operations are economically inefficient shall be set by the provincial-level
People's Committees, which, however, must not fall outside the electricity
retailing price bracket prescribed in Clause 1, Article 31 of this Law.
Article
63.- Payment of irrigation electricity charges
1. The time limit for payment
for electricity used by irrigation works- exploiting enterprises for irrigation
and water drainage for rice, vegetables, subsidiary food crops, industrial
plants intercropped with rice, vegetables or subsidiary food plants shall be
agreed upon by the electricity buyers and sellers, but shall not exceed one
hundred and twenty days counting from the date of receiving the electricity
bills.
2. The State shall provide
funding for payment for electricity used for water-logging and drought fighting
in excess of the level according to law provisions on exploitation and
protection of irrigation works.
3. The Finance Ministry shall
assume the prime responsibility for, and coordinate with the Ministry of Agriculture
and Rural Development in, guiding the implementation of the provisions of this
Article.
Article
64.- Electric safety in rural, mountainous, island areas
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2. Persons operating, repairing
electric equipment in rural, mountainous or island areas must satisfy the
following criteria:
a) Being aged full 18 or older;
b) Being certified by medical
bodies as physically fit for the jobs;
c) Possessing professional
certificates or diplomas in electricity, issued by vocational training
establishments;
d) Possessing safety cards
issued by provincial-level agencies which perform the state management over
electricity activities and electricity use.
3. Only electricity units
operating the electricity grids can organize the repair and installation of
electric equipment, electricity grids within the areas under their respective
management.
4. The Industry Ministry shall
prescribe the electricity safety technical standards, grant electric safety
cards and guide measures for electric safety in rural, mountainous, island
areas.
Chapter IX
STATE MANAGEMENT OVER
ELECTRICITY ACTIVITIES AND ELECTRICITY USE
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1. The Government performs the
unified state management over electricity activities and electricity use
nationwide.
2. The Industry Ministry is
answerable to the Government for the performance of state management over
electricity activities and electricity use.
3. The ministries,
ministerial-level agencies shall, within the ambit of their respective tasks
and powers, have to coordinate with the Industry Ministry in performing the
state management over electricity activities and electricity use.
4. The People's Committees at
all levels shall, within the ambit of their respective tasks and powers, have
the responsibility in performing the state management over electricity
activities and electricity use in their respective localities.
Article
66.- Regulation of electricity activities
1. Contents of regulation of
electricity activities:
a) Elaborating regulations on
operation of competitive electricity markets and guiding the implementation
thereof;
b) Studying, suggesting
solutions to regulate the supply-demand relationship and manage the process of
balancing electricity supply and demand;
c) Granting, modifying,
supplementing and withdrawing electricity activity licenses according to the
provisions of Clauses 1 and 3, Article 38 of this Law;
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dd) Studying and formulating
electricity-retailing price tables and organizing the implementation of
electricity price-related mechanisms and policies;
e) Gathering comments of the
concerned agencies and organizations on electricity retailing price tables;
g) Prescribing the tables of
electricity generation prices, electricity wholesaling prices, approving
electricity transmission and distribution charges as well as other charges;
h) Monitoring the implementation
of plans and projects on investment in development of electricity sources,
electricity transmission grids, electricity distribution networks in order to
ensure the development's compatibility with the approved electricity
development plannings;
i) Determining the capacity
percentages and the electric output percentages between form of electricity
trading through termed contracts and form of electricity spot dealing, suitable
to electricity market grades;
k) Inspecting the observance of
the approved electricity price tables;
l) Settling complaints and
disputes on electricity markets.
2. The electricity-regulating
agency is the body assisting the Industry Minister in realizing the contents of
regulating electricity activities prescribed in Clause 1 of this Article. The
Prime Minister shall specify the organization, functions, tasks and powers of
the electricity-regulating agency.
Article
67,- Electricity inspectorate
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Chapter X
IMPLEMENTATION
PROVISIONS
Article
68.- Regulations for organizations and individuals currently engaged in
electricity activities
1. Contracts or written
agreements related to electricity activities which have existed before the time
this Law takes effect are still valid for implementation within the durations
inscribed in such contracts or agreements.
2. After this Law takes effect,
ail amendments or supplements to the contracts or agreements prescribed in
Clause 1 of this Article must comply with the provisions of this Law.
3. The Government shall
prescribe the conditions and time for organizations and individuals currently
engaged in electricity activities to adjust their structures, organizations and
operations in accordance with the provisions of this Law.
Article
69.- Implementation effect
This Law takes implementation
effect as from July 1, 2005.
Article
70.- Implementation guidance
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This Law was passed on December
3, 2004 by the XIth National Assembly of the Socialist Republic of
Vietnam, at its 6th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Van An