This Circular stipulates the management and use of fines for breaches of electricity purchase and sale contracts, applicable to parties involved in purchasing and selling electricity and the Violation Handling Board under the Provincial Industry Department. Notably, it requires the deduction of 35% of the fine amount for the Violation Handling Board's operational expenses.
Đối tượng áp dụng
Parties involved in purchasing and selling electricity include the Violation Handling Board under the Provincial Industry Department and related organizations and individuals.
Các điểm cốt lõi
- The party violating the contract must deduct 35% of the fine amount for the Violation Handling Board's operational expenses (Article 4, Clause 1).
- The aggrieved party must pay the full fine amount to the violator within 15 days from the date the Violation Handling Board’s decision takes effect (Article 2, Clause 1).
- The Violation Handling Board uses the deducted amount for research costs, collecting materials, on-site verification of violations, allowances, meetings, and printing materials (Article 3, Clause 2).
- The remaining amount after the deduction for the Violation Handling Board belongs to the aggrieved party for management and use according to current financial management regulations (Article 3, Clause 1).
- This Circular takes effect 15 days after its publication in the Official Gazette (Article 4).
🌐 Tác động xã hội từ văn bản này
- Positive impact: Reduces breaches of electricity purchase and sale contracts, strengthens discipline in electricity business operations.
- Negative impact: Increases costs for the aggrieved party due to the requirement to deduct 35% of the fine amount for the Violation Handling Board.
❓ Câu hỏi thường gặp
What must the party violating the electricity purchase and sale contract do?
The party violating the contract must deduct 35% of the fine amount for the Violation Handling Board's operational expenses and pay the full fine amount to the aggrieved party within 15 days from the date the Violation Handling Board’s decision takes effect (Article 2, Clause 1).
What must the aggrieved party do?
The aggrieved party must pay the full fine amount to the violator within 15 days from the date the Violation Handling Board’s decision takes effect and issue a receipt to the violator (Article 2, Clause 1).
How does the Violation Handling Board use the deducted amount?
The Violation Handling Board uses the deducted amount for research costs, collecting materials, on-site verification of violations, allowances, meetings, and printing materials (Article 3, Clause 2).
Who manages the remaining amount after the deduction for the Violation Handling Board?
The remaining amount belongs to the aggrieved party for management and use according to current financial management regulations (Article 3, Clause 1).
When does this Circular take effect?
This Circular takes effect 15 days after its publication in the Official Gazette (Article 4).
Toàn văn
CIRCULAR
Guidelines for managing and using fines for breach of electricity purchase and sale contracts
violation of electricity purchase and sale contracts
Pursuant to Decree No. 17/HĐBT dated January 16, 1990 of the Council of Ministers detailing the implementation of the Economic Contract Law;
Pursuant to Decree No. 45/2001/NĐ-CP dated August 2, 2001 of the Government on electricity activities and electricity usage;
The Ministry of Industry and the Ministry of Finance provide guidelines for managing and using fines for breach of electricity purchase and sale contracts as follows:
I. GENERAL PROVISIONS.
b) In cases where funds from organizations and individuals within and outside Vietnam are used for victim support work and victim support benefits, such activities shall be carried out in accordance with the regulations of the Ministry of Finance and the donor; in cases where there is no agreement between the donor or their authorized representative and the Ministry of Finance regarding the expenditure level, the expenditure level prescribed in this Circular shall apply.
a. Fines for breach of electricity purchase and sale contracts agreed upon by the parties and recorded in the contract or stipulated by law, in cases where disputes over contract breaches are referred to the Breach Handling Committee for Electricity Supply and Usage under the Provincial Industry Department (hereinafter referred to as the Provincial Industry Department) for resolution, the management and use of fines shall be governed by this Circular.
b. Fines for breach of electricity purchase and sale contracts negotiated by the parties, amounts paid to courts or arbitration bodies for resolving contract breaches, compensation for damages due to contract breaches, and administrative penalties in the field of electricity shall not apply the provisions of this Circular.
2. Applicability: Parties involved in purchasing and selling electricity: the Breach Handling Committee for Electricity Supply and Usage under the Provincial Industry Department and related organizations and individuals.
3. Basis for collecting and remitting fines for breach of electricity purchase and sale contracts is the conclusion of the Breach Handling Committee under the Provincial Industry Department according to Decision No. 42/2002/QĐ-BCN dated October 9, 2002 of the Ministry of Industry on inspecting electricity supply and usage and handling breaches of electricity purchase and sale contracts.
4. The party breaching the contract is responsible for deducting a portion according to the ratio specified in paragraph a, point 3, Section II of this Circular from the fine amount to cover the costs of the Breach Handling Committee's activities.
II. SPECIFIC PROVISIONS.
1. The level of fines for breach of contract is determined according to Articles 25, 26, and 27 of Decision No. 42/2002/QĐ-BCN dated October 9, 2002 of the Minister of Industry on issuing regulations for inspecting electricity supply and usage and handling breaches of electricity purchase and sale contracts.
2. Collection and remittance of fines:
a. Based on the conclusion of the Breach Handling Committee, within no more than 15 days (from the date the Breach Handling Committee's decision takes effect), the party breaching the contract is responsible for paying the full contract fine to the aggrieved party.
b. When remitting fines for breach of electricity purchase and sale contracts, the aggrieved party (the recipient of the fine) must issue a receipt to the party breaching the contract (the payer of the fine), while simultaneously sending a copy of the receipt to the Breach Handling Committee for their knowledge and monitoring.
3. Management and use of fines:
a. Within no more than five days from the date the aggrieved party receives the fine from the party breaching the contract, the aggrieved party must remit to the Breach Handling Committee at a rate of 35% of the agreed fine amount between the purchasing and selling parties recorded in the contract, to cover the costs of the Breach Handling Committee's activities.
The remaining amount (65% of the fine) after remitting to the Breach Handling Committee belongs to the aggrieved party for management and use according to current financial management regulations.
b. The amount remitted to the Breach Handling Committee as stipulated in paragraph a, point 3 above shall be allocated for the following purposes:
Research and collection of materials related to penalty imposition;
Field inspection expenses (if any) to verify breaches in contract handling;
Allowances according to the general state system for those directly involved in handling contract breaches;
Expenses for meetings to discuss matters related to contract breach handling;
Printing expenses;
Other expenses serving contract breach handling.
The amount deducted from contract breach penalties for the Breach Handling Committee's activities shall be transferred to the Provincial Industry Department (the supporting body for the Breach Handling Committee). The Provincial Industry Department is responsible for issuing receipts, maintaining accounting records to monitor and settle revenue and expenditure according to current financial management regulations.
III. IMPLEMENTATION
This Circular takes effect fifteen days after its publication in the Official Gazette.
During implementation, if there are difficulties, organizations and individuals are requested to promptly report to the Ministry of Finance and the Ministry of Industry for research and resolution./.
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