Decision No. 06/2007/QD-BCT Issuing Regulations on Content, Procedures, and Processes for Drafting, Reviewing, and Approving the Planning of Power Center Construction Sites

Pursuant to …;

Issuing Regulations on Content, Procedures, and Approvals for the Planning of Sites to Construct Power Centers

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THE MINISTER OF INDUSTRY AND TRADE

Pursuant to Resolution No. 01/2007/QH12 dated July 31, 2007 of the National Assembly of the Socialist Republic of Vietnam, the twelfth session, first meeting, concerning the organizational structure of the Government and the number of Deputy Prime Ministers for the twelfth term; Pursuant to Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to the Electricity Law dated December 3, 2004 and Decree No. 105/2005/NĐ-CP dated August 17, 2005 of the Government detailing and guiding the implementation of certain provisions of the Electricity Law;

Pursuant to Decision No. 110/2007/QĐ-TTg dated July 18, 2007 of the Prime Minister approving the national power development plan for the period 2006-2015 with consideration up to 2025;

At the proposal of the Director of the Energy and Oil Department,

Article 1. Issued together with this Decision are the Regulations on Content, Procedures, and Approvals for the Planning of Sites to Construct Power Centers.

DECISION:

Article 2. These Regulations shall take effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Heads of the Ministry's Office, the Inspectorate, the Department Directors, Bureau Chiefs under the Ministry, the Heads of related agencies and organizations, and individuals participating in electricity activities shall be responsible for implementing these Regulations.

Do Huu Hao

 

 

REGULATIONS

(Issued together with Decision No. 06/2007/QĐ-BCT dated October 17, 2007 of the Minister of Industry and Trade)

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These Regulations stipulate the content, procedures, and approvals for planning sites to construct power centers (hereinafter referred to as "Power Center Planning") involving two or more thermal power plant projects using coal, oil, and natural gas.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

These Regulations apply to organizations and individuals participating in electricity activities.

Article 2. Applicability

The planning of sites for nuclear power plants, hydropower plants, and power plants using new energy sources and renewable energy does not fall within the scope of these Regulations.

Principles for Power Center Planning

Article 3. 1. Ensuring consistency with local socio-economic development plans and industry development plans.

2. Ensuring optimal site selection for thermal power plants to meet sustainable environmental, air, wastewater, noise, and other requirements based on efficient use of national energy resources.

3. Power Center Planning must be decided upon by the Ministry of Industry and Trade or must have the approval of the Ministry of Industry and Trade.

4. Only specialized consulting units with electricity operation licenses may undertake Power Center Planning.

5. If the location for constructing a Power Center is not included in the overall socio-economic development plan or if the Power Center Planning is inconsistent with approved related plans, it must be agreed upon by the competent authority responsible for approving such plans.

Funding for Power Center Planning

Article 4. 1. Funding for Power Center Planning is provided from the State budget according to the law. Management, distribution, and settlement of funding for Power Center Planning are carried out according to relevant laws.

2. In cases where the Vietnam Electricity Group or a consulting unit tasked with Power Center Planning advances funds according to the outline-budget approved by the Ministry of Industry and Trade, the source of these funds will be reimbursed by the Ministry of Industry and Trade from the project sponsors after obtaining permission to invest in projects approved in the planning.

3. The use of financial assistance from domestic and foreign organizations for Power Center Planning shall be conducted according to relevant laws.

CONTENT, PROCEDURES, AND APPROVALS FOR POWER CENTER PLANNING

Chapter II

Basis for Power Center Planning

Article 5. Power Center Planning is based on the following grounds:

1. Overall socio-economic development plans of provincial or regional areas; Relevant sectoral plans related to the power generation development program for the next ten years.

2. Approved architectural construction plans and land use plans.

3. Statistical data, basic survey results, surveys, and related information. Market forecasts and scientific and technological advancements domestically and internationally.

Contents of Power Center Planning

Article 6. The contents of Power Center Planning (annexed) include the following main points:

1. Overview, objectives, and basis for Power Center Planning.

2. Current socio-economic conditions and future direction of industrial development and infrastructure in the project area, including but not limited to issues such as transportation (airports, seaports, inland ports, railways, roads), water supply, electricity supply, land use, environmental protection, and other infrastructure.

3. Overview of coal, oil, and natural gas supply sources and planned fuel supply for the plants.

4. The necessity of investment and the role of Power Center Planning.

5. Site selection, including but not limited to natural conditions, comparative evaluation of potential sites, descriptions of survey results regarding topography, geology, meteorological and hydrological conditions of recommended sites.

6. Fuel selection, including key aspects such as an overview of fuel sources, price forecasts, long-term supply capacity of coal, oil, and gas for the project, determination of fuel sources, and transport methods to the site.

7. Determination of capacity and major technical solutions regarding technology and construction design.

8. External system planning, including: Cooling water discharge and fresh water supply schemes; ash disposal site planning and ash reuse schemes; grid connection and national communication and dispatching system schemes; external transportation system connection schemes.

8. Planning for external technical systems, including: schemes for supplying cooling water and fresh water; planning for ash disposal sites and schemes for reusing ash; schemes for connecting to the power grid and national communication and dispatching systems; schemes for connecting to external transportation systems.

9. Design of land use planning and overall layout planning for the power plant site. The design of the overall layout must ensure the maximum utilization of shared infrastructure for the entire power plant site, including the following main systems:

a) Electrical system: Distribution yard, connection to the SCADA system, lighting, construction electricity, and other related electrical systems;

b) Fuel and limestone system: Port terminal, storage yards, gas distribution station (when using natural gas fuel);

c) Water system: Intake gate, circulating pump station, circulating drainage, fresh water supply;

d) Environmental treatment system: Ash disposal area, wastewater treatment, solid waste treatment, gypsum treatment, environmental monitoring and surveillance system, and other environmental treatment systems;

đ) Architectural construction section: Main road, stormwater drainage, operation and maintenance management area, administrative office and project management office, greenery system, land leveling, base level, and other architectural elements;

e) Other auxiliary systems: Technical corridors, laboratories, hydrogen gas, nitrogen gas, fire protection and security, automobile garage, medical station, services, and other auxiliary systems.

10. Environmental impact assessment and sustainable environmental protection measures in accordance with environmental laws.

11. Operation management and equipment maintenance, planning of staff accommodation areas for operation and maintenance.

12. Construction organization, transportation of super heavy equipment, projected schedule for commissioning of plants.

13. Investment forms and ownership.

14. Determination of total investment amount.

Article 7. Procedure for drafting and approving the Power Plant Site Planning

1. Based on the need for power development in the coming period, the Ministry of Industry and Trade shall assign the task of drafting the Power Plant Site Planning to Vietnam Electricity Corporation or consulting organizations holding a Power Business License as stipulated in Decision No. 32/2006/QĐ-BCN dated September 6, 2006, issued by the Minister of Industry regarding the issuance of regulations on conditions, procedures, and formalities for granting, amending, supplementing, revoking, and managing the use of power business licenses.

2. Organizations assigned to draft the Power Plant Site Planning must strictly adhere to the approved outline or follow this guidance.

3. Documents submitted to the Ministry of Industry and Trade for review and approval include:

a) Petition for approval of the planning comprising: summary of key planning contents, local and relevant ministries' comments, recommendations, etc.;

b) Five (5) sets of planning proposals and accompanying summary reports;

c) Opinion of the People's Committee of the province regarding location agreement and compatibility with provincial construction planning;

d) Comments from the Ministry of Construction on construction planning; the Ministry of Natural Resources and Environment on environmental protection and water resource use planning; the Ministry of Transport on port and road construction planning; the Ministry of National Defense and the General Department of Civil Aviation on national defense security; the Ministry of Agriculture and Rural Development on land use planning.

4. The Energy and Oil Department of the Ministry of Industry and Trade shall take the lead and coordinate with relevant agencies and units to conduct the review of the planning. If necessary, they may hire consultants to assist in the review process.

5. Within thirty (30) days from the date of receipt of complete and valid documents as specified in Clause 3 of this Article, the Energy and Oil Department must complete the review and submit it to the Minister of Industry and Trade for consideration and approval.

6. In cases where the Power Plant Site Planning requires adjustment, the Ministry of Industry and Trade will issue a document requesting the organization assigned to draft the Power Plant Site Planning to make amendments and supplements. Within fifteen (15) days from the completion of the adjusted planning, the Energy and Oil Department must complete the review report and submit it to the Minister of Industry and Trade for consideration and approval.

Chapter III

IMPLEMENTATION

Article 8. Responsibilities for Implementing the Power Plant Site Planning

The Energy and Oil Department shall take the lead and coordinate with the Planning and Investment Department to monitor and inspect the implementation of the approved Power Plant Site Planning.

Article 9. Adjusting the Power Development Plan

1. In cases where new factors arise that change or adjust the contents of the approved Power Development Plan, the project investor must submit a document to the Ministry of Industry and Trade for examination and decision.

2. During the implementation of this Regulation, if there are any difficulties, organizations and individuals shall promptly report to the Ministry of Industry and Trade for appropriate amendments and supplements./.