MINISTRY OF
INDUSTRY AND TRADE
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|
SOCIALIST REPUBLIC
OF VIETNAM
Independent - Freedom - Happiness
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|
No. 51/2015/TT-BCT
|
Hanoi, December 29,
2015
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CIRCULAR
ON AMENDMENTS TO
CERTAIN ARTICLES OF THE CIRCULAR NO. 30/2014/TT-BCT DATED OCTOBER 02, 2014 BY
MINISTER OF INDUSTRY AND TRADE ON OPERATION OF THE COMPETITIVE ELECTRICITY
GENERATION MARKET AND THE CIRCULAR NO. 56/2014/TT-BCT DATED DECEMBER 29, 2014
BY MINISTER OF INDUSTRY AND TRADE ON METHOD FOR DETERMINATION OF ELECTRICITY
GENERATION COSTS AND SEQUENCE OF INSPECTION OF POWER PURCHASE AGREEMENTS
Pursuant to the Government’s Decree No.
95/2012/ND-CP dated November 12, 2012 on functions, missions, authority and
organizational structure of the Ministry of Industry and Trade;
Pursuant to the Law on Electricity dated
December 03, 2004 and Law on amendments to the Electricity Law dated November
20, 2012;
Pursuant to the Prime Minister’s Decision No.
63/2013/QD-TTg dated November 08, 2013 on schedule, conditions and structure of
the electricity sector for formulation and development of electricity market
levels in Vietnam;
At the request of the Head of the Electricity
Regulatory Authority.
Minister of Industry and Trade issues the
Circular on amendments to certain articles of the Circular No. 30/2014/TT-BCT
dated October 02, 2014 by Minister of Industry and Trade on operation of the
competitive electricity generation market and the Circular No. 56/2014/TT-BCT
dated December 29, 2014 by Minister of Industry and Trade on method for
determination of electricity generation costs and sequence of inspection of
power purchase agreements.
Article 1. The following
amendments are adopted to certain articles of the Circular the Circular No.
30/2014/TT-BCT dated October 02, 2014 by Minister of Industry and Trade on
operation of the competitive electricity generation market:
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a) BOT power plants
(having signed a principle contract or having completed negotiations thereof);
b) Non-hydro
renewable power plants;
c) Wind turbine power
plants bound to maximize their use of fuel gas(es) for assurance of national
interests;
d) Power plants that
belong to an industrial zone, sell only part(s) of their generation output to
the national electricity system and have entered a power purchase agreement
signed before and remaining effective after January 01, 2016.”
3a. BOT power plants
or industrial zones’ power plants selling partial generation output to the
national electricity system, which are not bound by Point a or Point d,
respectively, in Section 3 of this Article, shall be responsible for preparing
facilities as defined in Section 5 of this Article and participate in the
electricity market as per Section 1 of this Article.”
2. Section 3 of Article
5 is amended and Section 1a is added to Section 1 of Article 5:
“1a. Electric power
producers shall be responsible for submitting to the Electricity Regulatory
Authority an application for participation in the electricity market for each
power plant in one of these manners:
a) Register online
at:
http://thamgiathitruongdien.dvctt.gov.vn;
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c) Submit the
application directly at the office of the Electricity Regulatory Authority.
3. Quantity of
applications
a) 01 set for online
registration;
b) 02 sets for
submission of documents by post or directly at the office of the Electricity
Regulatory Authority.”
3. Section 2 and Section
3 of Article 6 are amended and Section 1 of Article 6 is rescinded:
“2. Electricity
Regulatory Authority takes in an application, verifies its adequacy and
provides guidelines for completion of such application promptly upon direct
submission or in 02 working days after the receipt of the application sent by
post or online.
3. In 02 working days
after the receipt of the complete application, the Electricity Regulatory
Authority shall send 01 set (in physical or electronic form) to the Operator of
electricity systems and electricity markets.”
4. Point b, Section 5 of
Article 6 is amended:
"b) If the
application is invalid:
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- In 05 working days
upon its receipt of such request, the electric power producer shall send
written explanations and supplementary documents to the Electricity Regulatory
Authority by hand, by post or online;
- In 03 working days
upon the receipt of the complete application of the electric power producer,
the Electricity Regulatory Authority shall verify documents according to this
Section."
5. Section 1 of Article
11 is amended:
"1. The purpose
of the water value is to determine the limit of the offer price of a generator
set on the electricity market.”
6. Point b, Section 5 of
Article 15 is amended and Section 6 is added to Article 15:
b) The percentage of
generation output paid at the contract price is specified separately for hydroelectric
and thermal power stations. Such percentage shall not exceed 95% and go below
60%, except for circumstances as defined in Section 6 of this Article.
6. Electricity
Regulatory Authority shall be responsible for reporting to the Ministry of
Industry and Trade for the latter’s determination of the percentage of
generation output paid at the contract price for BOT power plants and
industrial zones’ power plants selling partial generation output to the
national electricity system according to this Section.”
7. Point a, Section 3 of
Article 17 is amended:
“a) When the heat
loss rate is determined, the variable cost of a generator set shall be
specified as follows:
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In which:
: Constituent (dong/kWh) of the
variable cost, which changes in accordance with the fluctuation of the price of
the power plant’s primary fuel (coal or gas);
: Constituent (dong/kWh) of the
variable cost, which changes in accordance with the fluctuation of the price of
the power plant’s secondary fuel (oil);
: Constituent (dong/kWh) of the
variable cost, which changes in accordance with other variations of the power
plant;
- The constituent
(dong/kWh) of the variable cost, which changes in accordance with the
fluctuation of the price of the power plant’s primary fuel ; shall be determined as follows:
In which:
: - Average net loss rate of the
primary fuel, as negotiated by the parties on the basis of parameters defined
by the manufacturer of the relevant equipment and in accordance with the load
as stated in Appendix 1 of the Circular No. 56/2014/TT-BCT dated December 29,
2014 by Minister of Industry and Trade on method for determination of
electricity generation costs and sequence of inspection of power purchase
agreements;
: Cost of the primary fuel, which is
determined as follows:
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- Imported coal: The
price of coal is the value defined at the exporter's port (VND/tonne);
- Gas: The price of
gas is the value defined at the gas mine (VND/BTU).
- The constituent
(dong/kWh) of the variable cost, which changes in accordance with the
fluctuation of the price of the power plant’s secondary fuel ; shall be determined as follows:
In which:
: Average net loss rate of the
secondary fuel (oil), as negotiated by the parties on the basis of parameters
defined by the manufacturer of the relevant equipment (kg/kWh);
: Cost of the secondary fuel (oil),
which consists of the freight rate and other charges as per regulations
(VND/kg).
- Average net loss
rate of primary and secondary fuels shall be defined by the single bulk buyer and
shall accord with the coefficient of performance degradation. If the heat loss
rate as defined in the contract is the heat loss rate averaged over the
project's entire life, the coefficient of performance degradation shall not be
considered. If the power purchase agreement or negotiation documents define
characteristic curve of capacity loss only at load levels, the heat loss rate
of generator sets shall be determined at the load level that corresponds with
the average electric power output generated by the power plant in several
years, as specified in the power purchase agreement.
If the power purchase
agree or negotiation documents do not define data concerning the heat loss rate
of thermoelectric generator sets, such rate in the power plan shall be the heat
loss rate of a standard power plant in the same category of power generation
technology and installed capacity. The operator of electricity systems and
electricity markets shall be responsible for specifying the heat loss rate of
the standard power plant;
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In case the power
purchase agreement or negotiation documents provide the thermal power station
with no data on the coefficient of performance degradation, such coefficient shall
be that of a standard power station in the same category. The standard
coefficient shall be determined by the Operator of electricity systems and
electricity markets;
- The constituent
(dong/kWh) of the variable cost, which changes in accordance with other
variations of the power plant ; shall be
determined as follows:
In which:
Cvlp: Total
annual cost of secondary materials of the power plant, which is specified by
the amount and unit price of secondary materials consumed for generation of
electric power (VND);
Ckd: Total
cost of the start-up process, which is composed of the fuel cost and other
costs for starting up the device (VND);
Ck: Annual
cost for regular repairs and maintenance, which is defined by the total
investment capital for construction works and equipment of the power plant and
the rate of regular repair costs as specified in Appendix 1 of the Circular No.
56/2014/TT-BCT dated December 29, 2014 by Minister of Industry and Trade on
method for determination of electricity generation costs and sequence of
inspection of power purchase agreements
Pt: Total
net capacity of the power plant (kW);
kCS: Rate
of capacity degradation averaged over the entire economic life of the power
plant, which is calculated according to Point c, Section 2, Article 5 of this
Circular (%);
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8. Point e is added to
Section 1 of Article 18:
“e) If the annual
electricity supply plan by the Ministry of Industry and Trade defines a electric
power output of hydroelectric plants using regulation-capable reservoir(s) in
over a week lower than 65% of the general output (GO) averaged over several
years, such power plants' participation in the electricity market in the
relevant year shall be bound by the model that apply to hydroelectric plants using
regulation-capable reservoir(s) in less than 02 days as per this Circular.
If hydroelectric
plants use power-generating reservoirs and competent government authorities
have special requests, the Electricity Regulatory Authority shall be
responsible for reporting to the Ministry of Industry and Trade for the
latter's consideration of the model of such power plants' participation in the
electricity market in the relevant year."
9. Section 1 of Article
22 is amended:
“1. The ceiling
offer price of a thermoelectric generator set is determined by this formula:
Ptr
= (1
+ K DC ) x (PNLC x HRC + PNLP
x HRP)
In which:
Ptr : The ceiling offer
price of the thermoelectric generator set (VND/kWh);
KDC: Coefficient
adjusting the ceiling price by classification of the thermoelectric generator
set. For a base-load thermoelectric generator set KDC = 0%;
for an intermediate-load one KDC = 5%; for a peak-load one KDC
= 20%;
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PNLP: Price of secondary
fuel for the thermoelectric generator set (VND/kCal or VND/BTU);
HRC: Heat rate of
primary fuel consumed at the average load of the thermoelectric generator set
(BTU/kWh or kCal/kWh)
HRP: Heat rate of
secondary fuel consumed at the average load of the thermoelectric generator set
(BTU/kWh or kCal/kWh).”
10. Point a, Section 2 of
Article 22 is amended:
“a) The ceiling offer
price of a thermoelectric generator set is determined by this formula:
Ptr : The ceiling offer
price of the thermoelectric generator set (VND/kWh);
KDC: Coefficient
adjusting the ceiling price by classification of the thermoelectric generator
set. For a base-load thermoelectric generator set KDC = 0%; for an
intermediate-load one KDC = 5%; for a peak-load one KDC = 20%;
: Variable price in year N as per the
contract for difference of the power station (VND/kWh).”
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“1. The best new
power plant for year N must meet requirements in Section 1, Article 4 of this
Circular to engage in the electricity market in year N and satisfy these
criteria:
a) It initiated commercial
operations and generated electric power at full installed capacity in year N-1;
b) It is a base-load
power plant as classified under criteria in Section 3, Article 21 of this
Circular;
c) It employs the
coal-fired thermal power technology or gas turbine power technology;
d) It incurs the
lowest average cost of full electricity generation per 01 kWh.”
12. Section 2 of Article
25 is rescinded.
13. Point b, Section 3 of
Article 26 is amended:
"b) The capacity
add-on price for each cycle of transaction in a subsequent year shall be
determined by this formula:
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I: Total quantity of
transaction cycles in month t;
i: Transaction cycle
I in month t;
: Capacity add-on price of transaction
cycle i (VND/kW);
QBNE: Average
available capacity of the best new plant in year N (kW);
MSt : Shortage cost
incurred by the best new power plant in month t (VND);
: Load of the forecasting system for
transaction cycle i as per the load profile of a typical day forecasted for
month t according to Article 19 of this Circular (MW)."
14. Section 1 of Article
27 is amended:
“1. The constraint-based
scheduling method shall be adopted for planning operations of the electricity
system in the following year. Thermal power station’s variable price and power
plant's hydrographic values and technical parameters shall be the input data
for planning operations of the electricity system in the following year.”
15. Point a, Section 3 of
Article 31 is amended:
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16. Section 2 of Article
35 is amended:
“2. The operator of
electricity systems and electricity markets shall be responsible for announcing
constituent parameters of the ceiling offer price of thermoelectric generator
sets and the following month’s ceiling offer price of thermoelectric generator
sets according to the electricity market operation schedule as prescribed in
Appendix 1 of this Circular.”
17. Article 36 is
amended:
“Article 36.
Adjustment of monthly contractual output
1. The monthly contractual
output may be adjustable if the power plant’s schedule of repair and
maintenance for month M deviates from the annual operation plan due to:
a) A request by the operator
of electricity systems and electricity markets for electricity system security.
Such request is not the consequence of any of the power plant’s actions;
b) A request by a
competent government authority, to which the Operator of electricity systems
and electricity markets agrees to in accordance with actual operational
conditions of the system.
2. The operator of
electricity systems and electricity markets shall be responsible for adjusting
the monthly contractual output in circumstances as defined in Section 1 of this
Article in the following principle: Re-arrange the monthly output Qc among
the months in proportion to the modified duration of repair in such a manner to
keep the year’s total Qc unchanged as per Electricity Regulatory Authority’s
guidelines for contractual output adjustment procedures.
If the last month's repair
and maintenance schedule is modified, the value Qc in proportion to this
month’s duration of repair shall not be forwarded to the following year.
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18. Section 3 and Section
6 of Article 37 are amended:
“3. If the power
plant’s contractual output in transaction cycle i exceeds such plant’s highest
generation output, the contractual output in such transaction cycle shall be
equal to the power plant's highest generation output. The electric power
producer shall notify the Operator of electricity systems and electricity
markets of the power plant’s highest generation output in a transaction cycle in
proportion to the hourly output based on the capacity defined in the default
quotation for the following month according to Point a, Section 3, Article 47
of this Circular.
6. The operator of
electricity systems and electricity markets shall be responsible for informing
the single bulk buyer and the electric power producer that engages directly in
transactions of the preliminary hourly contractual output in a month before the
23rd of the month through the electricity market portal. The single
bulk buyer and the electric power producer shall be responsible for cooperating
with the operator of electricity systems and electricity markets to check
errors in the calculation of the following month's hourly contractual output
before the 25th of such month. The operator of electricity systems
and electricity markets shall be responsible for providing the single bulk
buyer and the electric power producer that engages directly in transactions
with the official hourly contractual output in a month by the schedule of
electricity market operation as defined in Appendix 1 of this Circular.”
19. Clause 37a is added
to Article 37:
“Clause 37a. Adjustment
of hourly contractual output
1. If the power
plant’s generator set(s) break(s) down, the plant’s hourly contractual output
(hourly Qc) shall be subject to following adjustment:
a) If the breakdown duration
of the power plant’s generator set(s) lasts in 72 hours or less (i.e. 72
transaction cycles): The contractual output (Qc) of the power plant remains
unchanged;
b) If the breakdown
duration of the power plant’s generator set(s) exceeds 72 hours:
- From the beginning
of the breakdown to the 72nd transaction cycle: the contractual
output (Qc) defined for the power plant remains unchanged;
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+ If the plant’s
actual generation output at the delivery point (Qmq) is lower than its contractual
output (Qc) for the duration, the hourly contractual output shall be equal to
the value Qmq;
+ If the power
plant’s Qmq is equal to or higher than its Qc for the duration, Qc remains
unchanged.
2. If the duration for
repair of the power plant's generator set(s) exceeds that in the approved plan,
which constituted to the calculation of the hourly contractual output, the
plant’s hourly contractual output in cycles affected by such extension of the
repair duration shall be subject to following adjustment:
If the actual
generation output at the delivery point (Qmq) in a cycle affected by extended
repair time is lower than the plant's Qc, the hourly contractual output in such
cycle shall be equal to the value Qmq.
3. The electric power
producer engaging directly in transactions shall be responsible for cooperating
with the Operator of electricity systems and electricity markets to verify
breakdown incidents or repair time extension as per the Procedure for joint
verification of incidents for market payments. Afterwards, the result of such
verification shall be notified to the single bulk buyer and the electric power
producer for adjusting the value Qc.
4. The single bulk
buyer and the electric power producer engaging directly in transactions shall
be responsible for signing a reconfirmation of the plant’s monthly and hourly contractual
output adjusted according to Section 1 and Section 2 of this Article.”
20. Section 7 of Article
41 is amended:
“7. The operator of
electricity systems and electricity markets shall calculate and schedule the
expected output of hydroelectric plants, which violate the weekly water level
limit in 02 consecutive weeks, for each transaction cycle of subsequent days.”
21. Point d, Section 2 of
Article 42 is amended:
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22. Section 3 is added to
Article 44:
"3.
Hydroelectric plants using regulation-capable reservoir(s) in less than 02 days
can present a subsequent hour quotation with increased output according to
their actual hydrographic situations.”
23. Section 2 of Article
71 is amended:
“2. The operator of
electricity systems and electricity markets shall be responsible for adjusting the
following constituent values of the electric power output determined for market
payments in transaction cycles according to Section 1, Article 70 of this
Circular:
a) The hourly contractual
output of the power plant in transaction cycle i (),
which is specified as per Article 37 of this Circular;
b) The power plant's electric
power output in transaction cycle i, to which the system marginal price applies
(Qsmpi). The output is calculated as per Section 5, Article 70 of the Circular;
c) The power plant’s electric
power output metered in transaction cycle i (Qmqi)."
24. Section 4, Section 5
and Section 7 of Article 80 are rescinded; Section 9 of Article 80 is amended:
“9. In case a wind
turbine power plant temporarily and indirectly participates in the electricity
market upon a request by the operator of electricity systems and electricity
markets for the purpose of electricity system security, the price of such power
plant's total generation output in relevant transaction cycles shall be subject
to the power purchase agreement.”
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“5. Validation of a
payment statement and incidents on the electricity market:
The electric power
producer engaging directly in transactions, the single bulk buyer and the
operator of electricity systems and electricity markets shall be responsible
for using digital signatures to validate and release a statement of market
payments and to affirm incidents that occurred on the electricity market. If
digital signatures fails to work properly, the single bulk buyer and the
operator of electricity systems and electricity markets shall be responsible
for validating and releasing the statement of market payments and affirming
incidents on the electricity market in a direct manner and reconfirm
information upon the rectification of such failure.”
26. Section 3 of Article
100 is amended:
“3. The electricity
market operation report for a month shall be prepared and announced by the 20th
of the following month."
27. Section 3 is added to
Article 114:
“3. Establish and
present regulations on electricity market participation for BOT power plants
and industrial zones’ power plants selling parts of their output to the
national electricity system to the Minister of Industry and Trade for
approval."
28. Section 1a is added
to Section 1 of Article 115:
“1a. Establish,
supplement and present the following procedures to the Electricity Regulatory
Authority for issuance:
a) Procedures for
training, inspection and certification of engineers who operate transactions on
the electricity market;
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Article 2. The following
amendments are adopted to certain articles of the Circular No. 56/2014/TT-BCT dated
December 29, 2014 by Minister of Industry and Trade on method for determination
of electricity generation costs and sequence of inspection of power purchase
agreements:
1. Section 8 of Article
2 is amended:
“8. Total investment
level of a project initially approved refers to the total level of investments
into the project as shown in the initial fundamental design that competent
authorities have approved as per regulations.”
2. Article 6 is amended:
“Article 6. Method
for determination of the fixed cost of operation and maintenance in a thermal
power station
The fixed operation
and maintenance cost in the base year FOMCb (VND/kWh) is determined
by this formula:
In which:
: Fixed operation and maintenance cost
based on major repair cost and other expenses in the base year, which are
specified according to Section 1 of this Article (VND/kWh);
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1. Fixed operation
and maintenance cost based on major repair cost and other expenses in the base
year (VND/kWh) is specified by
the following formula:
TCscl: Total
cost of major repairs and other expenses in the base year, which include major
repair cost, secondary material cost, service outsourcing cost and other pecuniary
expenses (VND). If the said formula fails to specify the total cost of major
repairs and other expenses, the following formula shall determine the total
cost of major repairs and other expenses TCcsl in the base year:
TCcsl
=VDTXL+TB x kF,scl
In which:
VĐTXL+TB: Total
investment capital for construction works and equipment of the thermal power
station, which is based on the total level of investment for electricity
pricing as per Section 2, Article 5 of this Circular (VND);
kF,scl: Proportion
of major repair cost and other expenses (%) in the thermal power station. kF,scl
is defined in Appendix 1 of this Circular;
Pt: Generator
set’s terminal power as per the approved design, which is determined according
to Point c, Section 2, Article 5 of this Circular (kWh);
Tmax: Number
of hours during which the plant operates at average maximum capacity, which is
specified according to Point c, Section 2, Article 5 of this Circular (kWh);
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kCS: Rate
of capacity degradation averaged over the entire economic life of the power
plant, which is calculated according to Point c, Section 2, Article 5 of this
Circular (%);
2. The fixed operation
and maintenance cost by labor cost in the base year (VND/kWh)
is determined by this formula:
In which:
TCnc: Total
labor cost in the base year, which includes salary, social insurance
contribution, medical insurance contribution, labor union cost and allowances
(VND) incurred by a power plant project that commenced construction works after
February 03, 2015.
For power plant
projects that commenced construction works before February 03, 2015: total labor
cost TCnc in the base year is based on the total cost of labor in
the year of the project's commercial operation and is converted to the
equivalent value in the base year in the following manner:
- If the salary rate
for calculation of the labor cost in the year of the plant's commercial
operation is equal to the region-based minimum wage level: The rate for
conversion of value to the base year shall be based on the region-based minimum
wage level;
- If the salary rate
for calculation of the labor cost in the year of the plant's commercial
operation is higher than the region-based minimum wage level: The rate for
conversion of value to the base year shall be based on Vietnam Consumer Price
Index (CPI) but shall not exceed 2.5% per year.
If such method fails
to specify the total cost of labor: the following formula shall determine the
total labor cost TCnc in the base year:
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In which:
VĐTXL+TB: Total
investment capital for construction works and equipment of the thermal power
station, which is based on the total level of investment for electricity
pricing as per Section 2, Article 5 of this Circular (VND);
kF,nc: Proportion
of the labor cost (%) in the thermal power station. kF,nc is defined
in Appendix 1 of this Circular;
Pt: Generator
set’s terminal power as per the approved design, which is determined according
to Point c, Section 2, Article 5 of this Circular (kWh);
Tmax: Number
of hours during which the plant operates at average maximum capacity, which is
specified according to Point c, Section 2, Article 5 of this Circular (kWh);
ttd : Proportion
of the plant’s auxiliary power and losses, which is determined according to
Point d, Section 2, Article 5 of this Circular (%);
kCS: Rate
of capacity degradation averaged over the entire economic life of the power
plant, which is calculated according to Point c, Section 2, Article 5 of this
Circular (%);
3. Section 3 of Article
7 is amended:
“3. The constituent
value of the variable cost, which changes in accordance with other variations
of the power plant in the base year (dong/kWh);
shall be determined as follows:
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In which:
Cvlp: Total
annual cost of secondary materials of the power plant, which is specified by
the amount and unit price of secondary materials consumed for generation of
electric power in the base year (VND);
Ckd: Total
start-up cost, which includes fuel cost and other expenses for start-up (VND).
The number of start-ups is negotiated by the parties according to the
electricity system's demands and operational traits of the power plant;
Ck: Annual
cost for regular repairs and maintenance, which is defined by the total
investment capital for construction works and equipment of the power plant and
the proportion of regular repair costs as specified in Appendix 1 of this
Circular (VND);
Pt: Total
net capacity of the power plant (kW);
kCS: Rate
of capacity degradation averaged over the entire economic life of the power
plant, which is calculated according to Point c, Section 2, Article 5 of this
Circular (%);
Tmax: Annual
duration of operation at maximum averaged over several years in the entire life
of the power plant (hour) as per Appendix 1 of this Circular.”
4. Article 11 is
amended:
“Article 11. Method
for determination of the cost of operation and maintenance in a hydroelectric
plant
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In which:
: Fixed operation and maintenance cost
based on major repair cost and other expenses in the base year, which is
specified according to Section 1 of this Article (VND/kWh);
: Fixed operation and maintenance cost
based on the labor cost in the base year, which is specified according to
Section 2 of this Article (VND/kWh).
1. The operation and
maintenance cost based on major repair cost and other expenses in the base year
() is specified by the following
formula:
In which:
TCscl: Total
cost of major repairs and other expenses in the base year, which include major
repair cost, secondary material cost, service outsourcing cost and other
pecuniary expenses (VND). If the said formula fails to specify the total major
repair cost and other expenses: the following formula shall determine the total
cost of major repairs and other expenses TCcsl:
TCcsl
=VĐTXL+TB x kscl
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VĐTXL+TB: Total
investment capital for construction works and equipment of the hydroelectric
plant, which is based on the total level of investment for electricity pricing
as per Section 2, Article 10 of this Circular (VND);
kscl: Proportion
of major repair cost and other expenses (%) in the hydroelectric station. kscl
is defined in Appendix 1 of this Circular;
Abq: Average
electric power generated annually at the generator set’s terminal, which is
determined according to Point al Section 2, Article 10 of this Circular (kWh);
ttd : Proportion
of auxiliary power and losses concerning the plant’s step-up transformer, which
is determined according to Point a, Section 2, Article 10 of this Circular (%);
2. The operation and
maintenance cost by labor cost in the base year ()
is determined by this formula:
In which:
TCnc: Total
labor cost in the base year, which includes salary, social insurance
contribution, medical insurance contribution, labor union cost and allowances
(VND) incurred by a power plant project that commenced construction works after
February 03, 2015.
For power plant
projects that commenced construction works before February 03, 2015: total
labor cost TCnc in the base year is based on the total cost of labor
in the year of the project's commercial operation and is converted to the
equivalent value in the base year in the following manner:
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- If the salary rate
for calculation of the labor cost in the year of the plant's commercial
operation is higher than the region-based minimum wage level: The rate for
conversion of value to the base year shall be based on Vietnam Consumer Price
Index (CPI) but shall not exceed 2.5% per year.
If such method fails
to specify the total cost of labor: the following formula shall determine the
total labor cost TCnc in the base year:
TCnc
=VĐTXL+TB x knc
In which:
VĐTXL+TB: Total
investment capital for construction works and equipment of the hydroelectric
plant, which is based on the total level of investment for electricity pricing
as per Section 2, Article 10 of this Circular (VND);
knc: Proportion
of the labor cost (%) in the hydroelectric station. knc is defined
in Appendix 1 of this Circular.
Abq: Average
electric power generated annually at the generator set’s terminal, which is
determined according to Point al Section 2, Article 10 of this Circular (kWh);
ttd : Proportion
of auxiliary power and losses concerning the plant’s step-up transformer, which
is determined according to Point a, Section 2, Article 10 of this Circular (%);
5. Point b, Section 2 of
Article 14 is amended:
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- If the salary rate
as defined in the electricity pricing plan is equal to the region-based minimum
wage level, the following formula shall specify the constituent value of the
fixed operation and maintenance cost by labor cost:
In which:
: Fixed operation and maintenance cost
based by labor cost in the base year, which is specified according to Section
2, Article 6 of this Circular (VND/kWh);
Lmin, j,t
: Region-based minimum wage level at the time of payment in month t, year j
(VND/person/month);
Lmin,b: Region-based
minimum wage level in the base year (VND/person/month).
- If the salary rate
as defined in the electricity pricing plan is higher than the region-based
minimum wage level or the total labor cost TCnc is based on the
proportion of the labor cost in the power plant, the following formula shall
specify the constituent value of the fixed operation and maintenance cost by
labor cost (VND/kWh):
In which:
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i: Slippage rate of
the constituent value of the operation and maintenance cost based on Vietnam
Consumer Price Index (CPI), which does not exceed 2.5% per year;
l: Ordinal number of
the payment year from the base year (I = 1 in the base year).”
6. Point b, Section 2 of
Article 15 is amended:
“b) The constituent
value of the fixed operation and maintenance cost by labor cost in month t,
year j ) is determined as follows:
- If the salary rate
as defined in the electricity pricing plan is equal to the region-based minimum
wage level, the following formula shall specify the constituent value of the
fixed operation and maintenance cost by labor cost (VND/kWh):
In which:
: Fixed operation and maintenance
cost based on the labor cost, which is specified according to Section 2,
Article 11 of this Circular (VND/kWh);
Lmin,j,t :
Region-based minimum wage level at the time of payment in month t, year j
(VND/person/month);
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- If the salary rate
as defined in the electricity pricing plan is higher than the region-based
minimum wage level or the total labor cost TCnc is based on the
proportion of the labor cost in the power plant, the following formula shall
specify the constituent value of the fixed operation and maintenance cost by
labor cost (VND/kWh):
In which:
: Fixed operation and maintenance cost
based on the labor cost, which is specified according to Section 2, Article 11
of this Circular (VND/kWh);
i: Slippage rate of
the constituent value of the operation and maintenance cost based on Vietnam
Consumer Price Index (CPI), which does not exceed 2.5% per year;
l: Ordinal number of
the payment year from the base year (I = 1 in the base year).”
7. Section 2a is added
to Section 2 of Article 28:
“ 2a. In case a power
plant project commences construction works before February 03, 2015, its
pricing of electricity may adopt the total level of investment approved by
competent authorities and activated upon the construction of the power plant in
lieu of the total level of investment initially approved. If the total level of
investment for electricity pricing upon the construction of the power plant is
unspecified, the Electricity of Vietnam and the electric power producer shall
report to the Ministry of Industry and Trade for consideration of actual situations
and determination of the total level of investment for electricity tariff
negotiations and the power purchase agreement.”
8. Section 4, Article 3,
Appendix 3 of Circular No. 56/2014/TT-BCT with regard to the template of a
power purchase agreement:
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Article 3. Effect
1. This Circular
comes into force as of January 01, 2016.
2. Head of
Electricity Regulatory Authority, Chief of Office of the Ministry, Chief of the
Inspectorate of the Ministry, Heads of relevant Departments, Bureaus and
General Departments under the Ministry, entities concerned and participants in
the electricity market shall be responsible for implementing this Circular./.
PP MINISTER
DEPUTY MINISTER
Hoang Quoc Vuong