Decree No. 103/2004/NĐ-CP On the organization and operation of Electricity Inspection

DECREE

On the organization and operation of the Electricity Inspection

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Inspection Ordinance dated April 1, 1990;
At the proposal of the Minister of Industry,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Position and functions of the Electricity Inspection

The Electricity Inspection is a specialized inspection in the field of electricity, performing inspection functions within the electricity sector.

Article 2. Objects of the Electricity Inspection

The objects of the Electricity Inspection are organizations and individuals, both domestic and foreign, participating in electricity activities and using electricity within the territory of the Socialist Republic of Vietnam (hereinafter referred to collectively as organizations and individuals engaged in electricity activities and using electricity).

Article 3. Principles of operation of the Electricity Inspection

1. The operation of the Electricity Inspection must comply with legal regulations, while ensuring accuracy, objectivity, transparency, democracy, and timeliness; it shall not hinder the normal operations of the inspected entities.

2. No organization or individual may intervene illegally in the operations of the Electricity Inspection.

Article 4. Responsibilities and obligations of organizations and individuals

Organizations and individuals engaged in electricity activities and using electricity, as well as related organizations and individuals, have the responsibility to fully implement the requirements of the Electricity Inspection as stipulated in this Decree and other relevant legal provisions; they also have the obligation to respect and create all necessary conditions for the Electricity Inspection to operate smoothly and effectively.

Chapter II

ORGANIZATION, DUTIES, AND POWERS OF THE ELECTRICITY INSPECTION

Article 5. Organization of the Electricity Inspection

The organization of the Electricity Inspection includes:

1. The Electricity Inspection of the Ministry of Industry (hereinafter referred to collectively as the Electricity Inspection of the Ministry);

2. The Electricity Inspection of the Provincial Department of Industry (hereinafter referred to collectively as the Electricity Inspection of the Department).

Article 6. Electricity Inspection of the Ministry

1. The Electricity Inspection of the Ministry is a part of the Ministry of Industry's Inspection, performing specialized electricity inspection functions nationwide.

2. The Electricity Inspection of the Ministry consists of:

Chief Inspector;

Deputy Chief Inspector;

Inspectors.

a) The Chief Inspector of the Electricity Inspection of the Ministry is concurrently held by the Chief Inspector of the Ministry.

b) Assisting the Chief Inspector of the Electricity Inspection of the Ministry is the Deputy Chief Inspector, who is responsible for electricity inspection work.

The Deputy Chief Inspector of the Electricity Inspection of the Ministry is appointed and relieved of duty by the Minister of Industry upon the recommendation of the Chief Inspector.

3. The Electricity Inspection of the Ministry has its own account and uses the seal of the Ministry of Industry's Inspection.

Article 7. Electricity Inspection of the Department

1. The Electricity Inspection of the Department is a part of the Department of Industry's Inspection, performing specialized electricity inspection functions within the province or centrally-administered city.

2. The Electricity Inspection of the Department consists of:

Chief Inspector;

Deputy Chief Inspector;

Inspectors.

a) The Chief Inspector of the Electricity Inspection of the Department is concurrently held by the Chief Inspector of the Department of Industry.

b) Assisting the Chief Inspector of the Electricity Inspection of the Department is the Deputy Chief Inspector, who is responsible for electricity inspection work.

The Deputy Chief Inspector of the Electricity Inspection of the Department is appointed and relieved of duty by the Director of the Department of Industry upon the recommendation of the Chief Inspector of the Department of Industry.

3. The Electricity Inspection of the Department has its own account and uses the seal of the Department of Industry's Inspection.

Article 8. Duties of the Electricity Inspection

1. Inspecting the compliance of organizations and individuals with laws on electricity activities and usage according to the management responsibilities of the head of the same-level agency; preventing and combating corruption in the electricity activity and usage sector.

2. Receiving citizens, accepting complaints and denunciations in the electricity activity and usage sector; researching and proposing solutions to help the head of the same-level agency promptly resolve issues in accordance with the law on complaints and denunciations.

3. Cooperating with other state management agencies and economic organizations, political-social organizations in the work of promoting and educating about law compliance and during the inspection process of electricity activities and usage.

4. Guiding and inspecting subordinate agencies and units under the management responsibility of the head of the same-level agency in implementing state regulations on inspection, complaint resolution, citizen reception in the electricity activity and usage sector., 5. Developing plans for inspection work and complaint resolution regarding electricity activities and usage, submitting them for approval by the head of the direct supervisory agency and organizing their implementation.

6. Implementing reporting systems on inspection work as prescribed.

7. Adhering to and being accountable under the law for all actions and decisions made in the field of electricity activity and usage inspection.

8. Implementing regulations on protecting state secrets during the electricity activity and usage inspection process.

9. The Electricity Inspection of the Ministry guides and directs the business of the Electricity Inspection of the Department.

Powers of the Electricity Inspection

Article 9. 1. Requesting inspected entities to provide documents, written reports, and answers to questions concerning matters directly related to the inspection.

2. Requesting related organizations and individuals to provide necessary information to serve the inspection work.

3. In cases where necessary, with the consent of a higher-level supervisor, requesting relevant agencies or units to send personnel to participate and cooperate in the inspection.

4. Requesting expert opinions, collecting, and verifying evidence related to the inspection content.

5. Deciding to seal documents; seizing or confiscating items according to the law if there is sufficient legal basis to confirm that these are means or tools used to commit violations of laws on electricity activities and usage.

6. Suspending the activities of organizations and individuals engaged in electricity activities and usage or those whose activities infringe upon power facilities, posing danger to human life, causing damage to state or public property, and adversely affecting the environment.

7. Warning and recommending competent authorities to suspend the duties of individuals intentionally obstructing the inspection of the Inspection Team or Inspectors illegally.

8. Temporarily suspending the execution of disciplinary decisions or job transfers for persons cooperating with the Electricity Inspection or being inspected if it is deemed that such execution would hinder the inspection process.

9. Imposing administrative penalties within the authority prescribed by law.

9. Administrative offense penalties within the jurisdiction as prescribed by law.

10. Transfer the case file of a violation of the law to the competent criminal investigation agency for handling if there are signs indicating the formation of a crime.

11. Propose measures to ensure compliance with other provisions of the law on electricity activities and electricity usage; propose the competent authority to handle other related violations.

Article 10. Duties and Authorities of the Chief Inspector of Electricity

1. Duties and authorities of the Chief Inspector of Electricity of the Ministry:

a) Direct and organize the unit to perform its duties and powers as stipulated in Article 8 and Article 9 of this Decree;

b) Organize the implementation of regular inspection work according to the plan or extraordinary inspections assigned by the Minister of Industry;

c) Impose administrative penalties within the scope of authority as prescribed by law;

d) Perform other tasks assigned by the Minister of Industry.

2. Duties and authorities of the Chief Inspector of Electricity of the Department:

a) Direct and organize the unit to perform its duties and powers as stipulated in Article 8 and Article 9 of this Decree within the province or centrally-administered city;

b) Organize the implementation of regular inspection work according to the plan or extraordinary inspections assigned by the Director of the Department of Industry;

c) Impose administrative penalties within the scope of authority as prescribed by law;

d) Perform other tasks assigned by the Director of the Department of Industry.

Article 11. Electricity Inspector

1. Standards for Electricity Inspectors:

a) Possess good political qualities, sense of responsibility, honesty, fairness, and objectivity;

b) Have a bachelor's degree in electrical engineering;

c) Have knowledge of legal matters, economic management, and state administration as prescribed by law;

d) Have at least two years of experience working in the electricity sector or in inspection operations;

đ) Be in good health.

3. The appointment and removal of Electricity Inspectors shall be carried out in accordance with the laws on inspection.

4. Electricity inspectors shall have uniform insignia, badges, uniforms, and inspector cards as prescribed by the State Inspector General and the Minister of Industry.

The use of insignia, badges, uniforms, and inspector cards of Electricity Inspectors shall be implemented in accordance with the laws on inspection.

5. Electricity inspectors shall enjoy salary and other benefits as prescribed by the laws on inspection.

Chapter III

RIGHTS AND OBLIGATIONS OF THE SUBJECTS OF INSPECTION

Article 12. Rights of the subjects of inspection

1. Have the right to refuse inspection or examination when such inspection or examination contravenes the law.

2. File complaints or denunciations against acts that violate the law by the Inspection Team or Inspectors during the inspection process in accordance with the law.

3. Request and receive compensation for damages caused by unlawful decisions of the Inspection Team or Inspectors in accordance with the law.

Article 13. Obligations of the subjects of inspection

1. Fulfill requests and create conditions for the Inspection Team or Electricity Inspectors to carry out their tasks.

2. Provide information and documents related to the content of the inspection in a timely manner upon request of the person assigned to conduct the inspection or examination.

3. Fulfill requirements, decisions, recommendations, and conclusions of Electricity Inspectors at all levels.

Chapter IV

REGIME AND PROCEDURES FOR INSPECTION

Article 14. Electricity Inspection Regime

1. Regular inspection based on the approved plan.

2. Extraordinary inspection when signs of law violations are detected or violations that pose a risk of disrupting the safe operation of power facilities, endangering human lives, and causing damage to state property and citizens' property are discovered.

Article 15. Authority to issue inspection decisions and establish Inspection Teams

1. The decision to inspect and establish the Electricity Inspection Team of the Ministry shall be made by the Minister of Industry or the Chief Inspector of the Ministry of Industry.

2. The decision to inspect and establish the Electricity Inspection Team of the Department shall be made by the Director of the Department of Industry or the Chief Inspector of the Department.

In cases where necessary, the Director of the Department of Industry may submit to the Chairman of the People's Committee of the province or centrally-administered city for a decision to inspect and establish the Inspection Team.

Article 16. Content of the inspection decision

1. Legal basis for inspection.

2. Content, requirements, objects, and scope of inspection.

3. Time and duration of inspection.

4. Composition of the Inspection Team, rights and responsibilities of the Inspection Team.

5. Rights and obligations of the inspected subject.

Article 17. Duration of Inspection

1. The duration of inspection shall depend on the severity of the case but shall not exceed thirty days. In complex cases where the thirty-day period has expired without completion, the person issuing the inspection decision may extend the inspection period. The extended inspection period shall not exceed thirty days.

2. The inspection period shall be calculated from the date of announcement of the inspection decision to the date of announcement of the draft inspection conclusion.

Article 18. Notification of Inspection

The agency issuing the inspection decision must notify the inspected subject at least seven days before conducting the inspection (except in cases of extraordinary inspection). The inspection decision must be handed over to the inspected subject before the inspection begins.

Article 19. Conducting Inspection

1. When conducting an inspection, the Inspection Team or Inspector must announce the inspection decision or present the Inspector card.

2. Carry out the inspection strictly in accordance with the requirements, content, and time frame specified in the inspection decision.

3. Adhere to the procedures and formalities of inspection, avoiding undue inconvenience and hindrance to the normal operations of the inspected subject.

Article 20. Emergency Situations

In cases where organizations or individuals are found to be violating regulations on electricity activities and electricity usage, causing serious consequences such as disrupting the safe operation of the power system, causing dangerous accidents to people, damaging state property and citizens' property, stealing electricity, or other administrative violations as prescribed by law, the Chief Inspector, Deputy Chief Inspector, or Electricity Inspector may present their Inspector card and take necessary actions within their authority to stop the violations, but must subsequently follow the inspection procedures as prescribed by this Decree.

Article 21. Draft Inspection Conclusion

1. The Head of the Inspection Team must draft the inspection conclusion regarding the contents that have been inspected upon completion of the inspection period. The draft inspection conclusion must be published to the inspected entity and recorded in a minutes document signed by the Head of the Inspection Team and the authorized representative of the organization or individual being inspected.

2. In cases where the authorized representative of the organization or individual being inspected does not agree with the content of the draft inspection conclusion of the Inspection Team, they have the right to explain to the Inspection Team. The explanation opinion shall be recorded in the minutes and reviewed and processed by the person issuing the inspection decision.

3. Within the latest period of 20 days from the date of publication of the draft inspection conclusion, the Inspection Team must issue the formal conclusion.

Article 22. Inspection Conclusion

1. The inspection conclusion must be sent to the inspected entity, the person issuing the inspection decision, organizations and individuals directly mentioned in the inspection decision, and forwarded or excerpted and sent to related entities (if required).

2. Within 15 days from the date of receipt of the inspection conclusion, the person issuing the inspection decision must review and decide on handling or make recommendations to the competent authority for handling.

Article 23. Completion of Inspection

Upon completion of the inspection, the Head of the Inspection Team must prepare a complete file including the inspection conclusion, minutes, and other relevant documents to report to the person issuing the inspection decision.

Article 24. Post-inspection Handling Decision

The post-inspection handling decision must be implemented by the inspected entity within 30 days. The implementation results must be reported in writing to the person issuing the inspection decision. Beyond the 30-day period, if the inspected entity fails to implement the inspection conclusion, it will be subject to enforcement and must bear all enforcement costs as stipulated by law.

Chapter V

REWARD AND VIOLATION HANDLING

Article 25. Awards

Organizations and individuals who achieve outstanding performance in electricity inspection activities shall be rewarded according to the provisions of the law.

Article 26. Handling Violations

Individuals who abuse their positions or powers to violate the provisions of this Decree, infringe upon the legitimate rights and interests of organizations and individuals engaged in electricity operations and electricity usage, obstruct the activities of the Electricity Inspection, bribe, retaliate against Inspectors, or retaliate against complainants or whistleblowers shall be disciplined, administratively punished, or criminally prosecuted depending on the severity of the violation, and if damage is caused, compensation must be provided according to the provisions of the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 27. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette. All previous regulations that conflict with this Decree are hereby abolished.

Article 28. Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree.