You have provided report templates regarding the maintenance of conditions for power business licenses for various fields such as electricity transmission, distribution, wholesale and retail electricity sales, import and export of electricity, and specialized electrical consulting. Each template includes detailed information about the entity, technical and business managers, operational staff, fire prevention and firefighting work, business operation status, and commitments to operate in accordance with the law.
适用范围
These report templates are used by entities operating in the power sector to comply with the requirements for managing power business licenses from regulatory authorities such as the Electricity Regulatory Authority and the Department of Industry and Trade.
要点
- Detailed information about the entity
- List of technical and business managers
- Operational staff meeting requirements
- Fire prevention and firefighting work
- Business operation status
- Commitment to operate in accordance with the law
🌐 本文件的社会影响
- Assist entities in complying with legal regulations on managing power business licenses
- Ensure quality and safety in power operations
- Facilitate regulatory authorities' inspection and supervision of entities' activities
❓ 常见问题
What reports do I need to submit when maintaining my power business license?
You need to provide information about technical and business managers, operational staff, fire prevention and firefighting work, business operation status, and commitment to comply with the law.
Is this report mandatory?
Yes, this report is mandatory to maintain the power business license according to the regulations of the competent authority.
What information do I need to update in the report?
You need to update information about new operational staff, business operation status, and any changes related to the power business activities of your entity.
全文
|
MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
|
Number: 12/2017/TT-BCT |
Hanoi, July 31, 2017 |
CIRCULAR
REGULATIONS ON PROCEDURES FOR GRANTING AND REVOKING LICENSES FOR ELECTRICITY OPERATIONS
Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Electricity Law dated December 3, 2004; and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;
Based on Decree No. 137/2013/NĐ-CP dated October 21, 2013, issued by the Government, detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law;
At the proposal of the Director of the Electricity Regulatory Authority,
The Minister of Industry and Trade issues this Circular to regulate procedures for granting and revoking licenses for electricity operations.
PART I
GENERAL PROVISIONS
Article 1. Scope of Regulation
This Circular stipulates procedures for granting and revoking licenses for electricity operations, the validity period of licenses for electricity operations in the following areas:
1. Specialized electricity consulting services
a) National electricity development planning consulting; provincial and centrally-administered city electricity development planning consulting; hydropower development planning consulting;
b) Construction investment consulting for power plants including thermal power (including biomass power), hydropower, and other renewable energy types; construction investment consulting for transmission lines and substations;
c) Construction supervision consulting for power plants including thermal power (including biomass power), hydropower, and other renewable energy types; construction supervision consulting for transmission lines and substations.
2. Power generation.
3. Transmission of electricity.
4. Distribution of electricity.
5. Wholesale of electricity.
6. Retail of electricity.
7. Electricity import and export.
Article 2. Applicability
This Circular applies to organizations and individuals participating in specialized electricity consulting services, power generation, power transmission, power distribution, wholesale electricity sales, retail electricity sales, and electricity import and export activities.
Article 3. Cases Exempted from License for Electricity Business Activities
1. Power generation for self-use without selling electricity to other organizations or individuals.
2. Power generation with installed capacity under 1 MW for selling electricity to other organizations and individuals.
3. Electricity business in rural, mountainous, and island areas purchasing electricity with capacity less than 50 kVA from the distribution grid to directly sell electricity to end-users in rural, mountainous, and island areas.
4. System dispatching of national electricity and market operation of electricity trading.
Article 4. Principles for issuing licenses and validity periods of licenses for electricity operations
1. Prior to the competitive retail electricity market phase, retail electricity operation licenses are issued concurrently with distribution electricity operation licenses.
2. Power generation licenses are issued to organizations to carry out power generation activities at each power plant.
3. The maximum validity period of licenses for electricity operations issued to entities engaged in electricity operations is specified in the table below:
|
No. |
Field of electricity business activity |
Maximum validity period of license |
|
1 |
Power industry consultancy |
5 years |
|
2 |
Power generation |
|
|
a) |
Large power plants, having significant economic and social importance, national defense, and security as listed and approved by the Prime Minister |
20 years |
|
b) |
Power plants not included in the list of large power plants having significant economic and social importance, national defense, and security as approved by the Prime Minister |
10 years |
|
3 |
Transmission of electricity |
20 years |
|
4 |
Distribution of electricity |
10 years |
|
5 |
Wholesale electricity sales, retail electricity sales |
10 years |
|
6 |
Electricity import and export |
10 years |
4. In cases where organizations or individuals request a shorter validity period for their electricity operation licenses than the maximum validity period of such licenses, the requested period will be granted.
5. Based on actual conditions regarding power facility projects, the licensing authority may issue licenses for electricity operations with a validity period shorter than that prescribed in Clause 3 of this Article.
Article 5. Scope of activities in licensed fields
1. Specialized electricity consulting services have a nationwide scope of activity.
2. Power generation has a scope of activity specific to each power plant.
3. Power transmission and distribution have a scope of activity within the specific management and operation range of the power grid.
4. Wholesale electricity sales and retail electricity sales have a scope of activity within specific administrative boundaries.
5. Electricity import and export have a scope of activity within specific points of electricity delivery and receipt.
Chapter II
APPLICATION DOCUMENTS FOR REQUESTING LICENSES FOR ELECTRICITY OPERATIONS
Article 6. Documents for applying for a permit in the field of specialized power consulting services
1. A request for granting a power activity license according to Model 01 stipulated in the Appendix issued together with this Circular.
2. A copy of the Business Registration Certificate, Decision on Establishment, or Certificate of Establishment of the organization applying for the permit.
3. A list of key management staff and main consulting experts according to Model 3a stipulated in the Appendix issued together with this Circular; copies of graduation certificates, professional certificates, and signed labor contracts of the main consulting experts listed in the list with the consulting organization.
4. List of projects of similar scale that the consulting organization or the main consulting experts have implemented.
5. List of equipment, technical means, application software serving consulting work and the organization's commitment to ensure adequacy for consulting activities.
Article 7. Documents for applying for a permit in the field of power generation
1. A request for granting a power activity license according to Model 01 stipulated in the Appendix issued together with this Circular.
2. A copy of the Business Registration Certificate of the organization applying for the permit.
3. A list of key technical managers and shift leaders of power plants according to Model 3b stipulated in the Appendix issued together with this Circular; copies of graduation certificates, electrical safety cards, and operation permits issued by dispatchers with control rights granted to shift leaders according to the National Power System Dispatching Procedures issued by the Ministry of Industry and Trade.
4. A copy of the decision approving the investment project or the investment orientation of the power plant by the competent authority.
5. A copy of the Decision approving the Environmental Impact Assessment Report or the document confirming the Environmental Protection Plan for the power plant investment project by the competent authority in accordance with environmental laws.
6. A copy of the Power Purchase Agreement.
7. List of equipment with strict requirements for occupational safety and the investor's commitment to fully comply with legal regulations regarding the use of such equipment.
8. A copy of the acceptance record for the fire prevention and firefighting system in accordance with fire prevention and firefighting laws.
9. A copy of the decision approving the Reservoir Operation Procedure by the competent authority (for hydropower plants).
10. A copy of the Coordination Operation Procedure between the power plant and the System Dispatching Unit.
11. A copy of the acceptance record for the infrastructure system serving electricity market operations according to regulations; a copy of the acceptance record for the SCADA system serving power system and electricity market operations according to regulations.Public Key Cryptography Standard (PKCS#1)12. A copy of the acceptance record for the hydropower dam; a safety registration form submitted to the competent authority; plans ensuring dam safety and downstream safety according to regulations; a report on the results of dam inspection (for dams due for inspection).
Article 8. Documents for applying for a permit in the field of power transmission and distribution
3. A list of key technical managers and shift leaders of the operation team according to Model 3b stipulated in the Appendix issued together with this Circular; copies of graduation certificates, electrical safety cards, and operation permits issued by dispatchers with control rights granted to individuals listed in the list according to the National Power System Dispatching Procedures issued by the Ministry of Industry and Trade.
1. A request for granting a power activity license according to Model 01 stipulated in the Appendix issued together with this Circular.
2. A copy of the Business Registration Certificate, Decision on Establishment, or Certificate of Establishment of the organization applying for the permit.
4. List of major power grid projects under the management of the organization. In cases of purchase, merger, or transfer without full capital repayment of the power grid assets, there must be an acceptance record or asset transfer record according to regulations.
5. Copies of documents ensuring fire prevention and firefighting conditions according to regulations.
6. Copies of
Agreements interconnection or Power Purchase Agreements; Map of the power grid boundary and operational scope. 7. Copies of agreements on interconnection or Power Purchase Agreements; Map of the power grid boundary and operational scope.
Article 9. Documents for application to obtain a permit in the wholesale electricity trading and retail electricity trading sectors
1. A request for granting a power activity license according to Model 01 stipulated in the Appendix issued together with this Circular.
2. A copy of the Enterprise Registration Certificate, Decision on Establishment, or Certificate of Establishment of the organization or individual applying for the permit.
3. A list of individuals directly managing business operations and technical management according to Model 3b stipulated in the Appendix attached hereto; copies of graduation certificates or graduation certificates, electrical safety cards of individuals listed in the list.
Article 10. Documents for application to obtain a permit for electricity business activities in the import and export of electricity sector
1. A document requesting issuance of an electricity business activity permit according to Model 01 stipulated in the Appendix attached hereto.
2. A copy of the Business Registration Certificate, Decision on Establishment, or Certificate of Establishment of the organization applying for the permit.
3. A list of individuals directly managing electricity business operations and technical management according to Model 3b stipulated in the Appendix attached hereto; copies of graduation certificates or graduation certificates of individuals listed in the list.
4. A copy of the Decision approving the policy of buying and selling electricity with foreign countries and the approved grid connection plan for buying and selling electricity with foreign countries; copies of export and import electricity contracts or copies of documents requesting purchase of electricity or approval for sale of electricity from the foreign side.
5. Schematic diagrams of the relevant power grid related to the points of electricity purchase and sale and the procedures for coordinated operation and handling of power grid incidents between the electricity buyer and seller (if applicable).
6. Copies of documents implementing fire prevention and firefighting regulations at transformer stations as prescribed.
Article 11. Documents for application to amend and supplement an electricity business activity permit
1. In cases where there is a change in the name or address of the headquarters of the entity holding the permit, the application documents shall include the following contents:
a) A request for issuance of an electricity business license according to Model 01 prescribed in the Appendix attached hereto;
b) A copy of the Enterprise Registration Certificate, Decision on Establishment, or Certificate of Establishment of the organization applying for the permit.
2. In cases where the organization applying for the permit receives the transfer of assets from an entity that has been granted an electricity business activity permit, the application documents for the permit of the entity receiving the asset transfer shall include:
a) A request for issuance of an electricity business license according to Model 01 prescribed in the Appendix attached hereto;
b) A copy of the Enterprise Registration Certificate, Decision on Establishment, or Certificate of Establishment of the organization applying for the permit;
c) Documents proving the asset transfer, documents about the team directly managing technical operations and operation.
Chapter III
PROCEDURES FOR ISSUANCE AND REVOCATION OF ELECTRICITY BUSINESS ACTIVITY PERMITS
Article 12. Procedures for issuance, amendment, and supplementation of electricity business activity permits
1. Thirty days before the planned date of official commissioning, organizations participating in electricity generation activities must submit complete application documents for an electricity business activity permit.
2. Organizations and individuals applying for issuance, amendment, or supplementation of an electricity business activity permit shall submit one set of documents as prescribed in Chapter II of this Circular to the authority issuing electricity business activity permits and shall be responsible for the accuracy and truthfulness of the application documents.
3. The form of submission of documents is as follows:
a) For documents within the jurisdiction of the Ministry of Industry and Trade and the Electricity Regulatory Authority: Implementation through the online Public Service Portal.
In cases where electronic documents have large file sizes or documents regulated by law cannot be sent via the information network, they may be submitted directly or by postal service.
b) For documents within the jurisdiction of provincial People's Committees and centrally-administered municipal People's Committees: Implementation through direct submission, postal service, or online on the website of the authority issuing electricity business activity permits (if available).
4. Procedures for online issuance, amendment, and supplementation of electricity business activity permits are carried out as follows:
a) Online documents are implemented according to the guidelines on the online Public Service Portal of the Ministry of Industry and Trade, specifically as follows:
- Organizations and individuals applying for permits must register an account on the online Public Service Portal at the address: http://online.moit.gov.vn; use the registered account to declare and submit online documents;
- Within fifteen working days from the date of receipt of complete valid documents on the online Public Service Portal, the authority issuing electricity business activity permits shall be responsible for reviewing the documents, inspecting the premises (if necessary), and issuing the electricity business activity permit.
b) Provincial People's Committees and centrally-administered municipal People's Committees shall guide the issuance of permits within their jurisdiction in an online format (if applicable) in accordance with the provisions of this Circular.
5. Procedures for issuance, amendment, and supplementation of electricity business activity permits not through online means are carried out as follows:
a) Within three working days from the date of receipt of the application documents for an electricity business activity permit, the authority issuing electricity business activity permits shall notify in writing the organization or individual applying for the permit if the documents are incomplete or invalid. In the notification, clearly state the reasons and request supplementary or amended data, documents, and related information to perfect the documents;
b) Within five working days from the date of receipt of the request for supplementary or amended data, documents, and related information from the authority issuing electricity business activity permits, the organization or individual applying for the permit must supplement or amend the data, documents, and related information and respond in writing.
Within sixty days from the date the authority issuing electricity business activity permits issues a written request for amendments or supplements, if the organization or individual applying for the permit does not amend or supplement the documents and respond in writing, the authority issuing electricity business activity permits has the right to return the application documents for an electricity business activity permit.
c) Within fifteen working days from the date of receipt of complete valid documents, the authority issuing electricity business activity permits shall be responsible for reviewing the documents, inspecting the premises (if necessary), and issuing the electricity business activity permit.
5. During the review of documents and actual inspections, if it is found that the organization or individual does not meet the required conditions as prescribed, the issuing authority has the right to require the organization or individual applying for the permit to supplement to meet the conditions or refuse to issue the permit in writing (specifying the reasons).
6. The power operation permit issued shall include three original copies: one copy to be handed over to the entity receiving the permit, and two copies to be kept at the authority issuing the power operation permit.
7. Sixty days prior to the expiration date of the power operation permit, the power entity that wishes to continue its operations must prepare an application file for the issuance of a power operation permit in accordance with Clause 1 of this Article and follow the procedures and formalities for requesting the issuance of a power operation permit as prescribed.
Article 13. Revocation of Power Operation Permit
1. The power operation permit shall be revoked in the following cases:
a) The power entity violates Article 37 of the Electricity Law;
b) The power entity requests to cease operations or transfer the permitted activities to another entity;
c) When there is a request from a competent state agency due to the power entity's violation of relevant laws and regulations;
d) The power generation unit fails to comply with Clause 7 of Article 16 of this Circular;
đ) The power entity violates the provisions set out in Point a of Clause 9 of Article 16 of this Circular.
2. The power operation permit shall be revoked on a case-by-case basis according to the field and scope of activity. The power entity whose permit has been revoked shall be responsible for preparing an application file for the issuance of a power operation permit consistent with the revocation decision.
3. The licensing authority has the right to revoke the Power Generation Business License within its licensing jurisdiction.
4. Procedures for Issuing a Decision to Revoke a Power Operation Permit
a) In the event that the power entity violates Article 37 of the Electricity Law, Clause 4 of Article 16 of this Circular, and the decision-making body for the penalty is the authority issuing the power operation permit, the authority issuing the power operation permit shall be responsible for issuing a decision to revoke the power operation permit simultaneously with the penalty decision;
b) In the event that the power entity violates Article 37 of the Electricity Law, Clause 4 of Article 16 of this Circular, and the decision-making body for the penalty is not the authority issuing the power operation permit, the authority issuing the power operation permit shall be responsible for issuing a decision to revoke the power operation permit within the time limit specified in the penalty decision. If it does not revoke the permit, the authority issuing the power operation permit shall be responsible for providing a written response (specifying the reasons) to the decision-making body for the penalty;
c) In the event that the power entity violates the provisions set out in Point a of Clause 9 of Article 16 of this Circular, the authority issuing the power operation permit has the right to issue a decision to revoke the power operation permit;
d) In the event that the power entity requests to cease operations or transfer the permitted activities to another organization or individual, within thirty working days from the date of receipt of the request letter from the power entity or the request from the competent authority and related documents, the authority issuing the power operation permit shall be responsible for issuing a decision to revoke the power operation permit.
5. Within two working days from the date of issuance of the decision to revoke the power operation permit, the authority issuing the power operation permit shall be responsible for sending the revocation decision to the power entity whose permit has been revoked and related agencies and entities; and publishing information about the revocation of the permit on the electronic information website of the authority issuing the power operation permit.
Chapter IV
AUTHORITY TO ISSUE AND MANAGE THE USE OF POWER BUSINESS LICENSES
Article 14. Competence to issue licenses for electricity activities
1. The Ministry of Industry and Trade issues Power Generation Business Licenses for the following sectors:
a) Power generation activities for large-scale power plants that are particularly important for economic and social development, national defense, and security, as approved by the Prime Minister;
b) Transmission of electricity;
c) Importing and exporting electricity.
2. The Electricity Regulatory Authority issues Power Generation Business Licenses for the following sectors:
a) Electricity generation activities for power plants with a capacity of three (3) MW or more, not falling under the cases stipulated in Point a Clause 1 of this Article;
b) Power distribution activities;
c) Wholesale electricity sales activities;
d) Retail electricity sales activities;
đ) Specialized electricity consulting services.
3. The People's Committee of provinces and centrally governed cities shall issue or authorize the Department of Industry and Trade to issue licenses for electricity activities for the following fields:
a) Power generation activities for power plants with capacity below 3 MW located in the locality;
b) Power distribution activities up to 35 kV voltage level in the locality;
c) Retail power sales activities up to 0.4 kV voltage level in the locality;
d) Specialized electricity consulting services including:
- Consulting on investment and construction of transmission lines and substations up to 35 kV, registered as enterprises in localities;
- Supervision consulting on construction of power transmission lines and substations up to 35 kV voltage level, registered enterprises in the locality.
4. In cases where organizations or individuals apply for licenses for multiple activities in the field of specialized electricity consulting services, including at least one activity within the competence of the Electricity Regulatory Authority, the Electricity Regulatory Authority shall issue licenses for these activities.
Article 15. Responsibilities of the licensing authority for electricity activities
1. Receiving, examining, inspecting, and managing applications for licenses for electricity activities. Guiding organizations and individuals applying for licenses to comply with the contents, procedures, and formalities for applying for licenses for electricity activities as prescribed in this Circular.
2. Resolving complaints about power business licenses within its jurisdiction.
3. Inspecting and supervising the maintenance of conditions specified in the power business license.
4. Revoking licenses for electricity activities within its competence according to the procedures stipulated in Article 13 of this Circular.
5. Proposing competent authorities to handle violations by electricity units in accordance with the law.
Article 16. Responsibilities of electricity units licensed for electricity activities
1. Operate electricity in accordance with the contents specified in the license.
2. Applying for amendments and supplements to the license in cases of changes in name, address of headquarters, type of business, operating management unit, scope of operation, or duration of the license.
3. Maintaining the operational conditions registered and licensed throughout the period of operation.
4. Adhering to relevant legal regulations.
5. Paying all types of fees related to the license for electricity activities as prescribed by law.
6. Not leasing, lending, or self-modifying the content of the license for electricity activities.
7. For electricity generation activities, within twelve (12) months from the date of issuance of the license for electricity activities, the licensed entity is responsible for submitting additional documents that have been approved by competent authorities as stipulated in Clauses 8, 11, and 12 of Article 7 of this Circular.
8. Accepting inspections, audits, and complying with decisions on handling issued by state agencies with authority regarding the use of the license and registered operational conditions.
9. Reporting responsibilities:
a) Reporting to the licensing authority for electricity activities within thirty (30) days from the date of change in the address of the headquarters in the license for electricity activities;
b) Immediately reporting to the licensing authority in case this License is lost or misplaced;
c) Before March 1st each year, reporting to the licensing authority for electricity activities and the Department of Industry and Trade in the locality about the maintenance of operational conditions in the licensed field and the previous year's electricity operation situation according to Forms 4a, 4b, 4c, and 4d prescribed in the Appendix attached to this Circular;
d) Reporting to the licensing authority for electricity activities within sixty (60) days before ceasing electricity operations or transferring electricity operations;
đ) Providing full and accurate information when requested by the licensing authority or competent authorities;
e) For electricity generation activities, the licensed entity is responsible for sending audited financial reports to the Electricity Regulatory Authority for calculating electricity generation prices before June 1st each year.
Article 17. Provisions on management and operation of power plants in cases of leasing power plants or delegating management and operation
1. The investor of the power plant shall be responsible for all obligations related to the investment and operation processes of the power plant in accordance with the provisions of the law.
2. The entity that leases management and operation or is delegated management and operation of the power plant shall be responsible for fully performing all obligations related to the operation process of the power plant according to the contents of the lease contract or delegation agreement for management and operation of the power plant.
Chapter V
IMPLEMENTATION
Article 18. Implementation of inspection work
1. The Electricity Regulatory Authority shall be responsible for inspecting the implementation of this Circular throughout the country; resolving difficulties and proposing contents for reporting to the Ministry of Industry and Trade to amend and supplement this Circular.
2. The People's Committee of provinces and centrally governed cities shall inspect the implementation of this Circular within their jurisdiction; resolving difficulties and recommending the Ministry of Industry and Trade to amend and supplement this Circular.
Article 19. Responsibility for Implementation
1. The Electricity Regulatory Authority is the agency receiving and handling procedures for reviewing applications for issuance of electricity business licenses and implementing the procedure for revoking electricity business licenses for licenses within its authority and the Ministry of Industry and Trade's authority.
2. The Department of Industry and Trade is the agency receiving and handling procedures for reviewing applications for issuance of electricity business licenses, implementing the procedure for revoking electricity business licenses for licenses within the authority of the People's Committee of provinces and centrally-run cities when authorized.
3. The entity granted an electricity business license shall be responsible for sending a copy of the issued electricity business license to the state management agency in the field of electricity activities at the local level to report within thirty days from the date of issuance of the license.
4. Before January 15 each year, the Department of Industry and Trade shall report to the Ministry of Industry and Trade, the People's Committee of provinces and centrally-run cities about the situation of issuing and revoking electricity business licenses in the locality of the previous year.
Article 20. Effective Date
1. This Circular takes effect from September 14, 2017. Circular No. 10/2015/TT-BCT dated May 29, 2015 of the Minister of Industry and Trade prescribing the procedures and conditions for granting, amending, supplementing, revoking and the validity period of electricity business licenses shall cease to be effective from the date this Circular takes effect.
2. Electricity units that have been granted electricity business licenses in accordance with Circular No. 10/2015/TT-BCT dated May 29, 2015 of the Minister of Industry and Trade prescribing the procedures and conditions for granting, amending, supplementing, revoking and the validity period of electricity business licenses, Circular No. 25/2013/TT-BCT dated October 29, 2013 of the Minister of Industry and Trade prescribing the procedures and conditions for granting, amending, supplementing, revoking and the validity period of electricity business licenses, Decision No. 32/2006/QD-BCN dated September 6, 2006 of the Minister of Industry promulgating regulations on conditions, procedures and conditions for granting, amending, supplementing, revoking and managing the use of electricity business licenses, Decision No. 15/2008/QD-BCT dated July 1, 2008 of the Minister of Industry and Trade amending and supplementing some articles of the regulations on conditions, procedures and conditions for granting, amending, supplementing, revoking and managing the use of electricity business licenses issued together with Decision No. 32/2006/QD-BCN dated September 6, 2006 of the Minister of Industry shall continue to implement according to the contents and deadlines specified in the license and shall be responsible for complying with the provisions of this Circular and relevant laws enacted after the date of issuance of the license.
3. During the implementation of this Circular, if there are any difficulties, the relevant entities shall be responsible for reporting to the Electricity Regulatory Authority for research, proposal, and reporting to the Ministry of Industry and Trade to amend and supplement this Circular appropriately./.
|
|
THE MINISTER |
ANNEX
SAMPLES OF LICENSES AND DOCUMENTS IN THE LICENSE GRANTING PROCESS
(Annexed to Circular No. 12/2017/TT-BCT dated July 31, 2017 of the Minister of Industry and Trade prescribing the procedures and conditions for granting and revoking electricity business licenses)
|
Serial number |
NAME OF SAMPLE |
|
..., day... month... year... |
Document requesting issuance, amendment, and supplementation of electricity business licenses |
|
Sample 2a |
License issued by the Ministry of Industry and Trade |
|
Sample 2b |
License issued by the Electricity Regulatory Authority |
|
Sample 2c |
License issued by the People's Committee of provinces and centrally-run cities |
|
Sample 2d |
License issued by the Department of Industry and Trade |
|
Sample 3a |
List of key managers and consultants in the field of electricity consulting |
|
Sample 3b |
List of key managers and operators |
|
Sample 4a |
Report on maintaining conditions for electricity business licenses in the power generation sector |
|
Sample 4b |
Report on maintaining conditions for electricity business licenses in the transmission and distribution sectors |
|
Sample 4c |
Report on maintaining conditions for electricity business licenses in the wholesale, distribution, retail, import, and export sectors |
|
Sample 4d |
Report on maintaining conditions for electricity business licenses in the electricity consulting sector |
..., day... month... year...
|
(NAME OF ORGANIZATION REQUESTING) |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: …/…. |
…., day … month … year … |
REQUEST
Issuance, amendment, and supplementation of electricity business licenses
Respectfully submitted to: 1……………………………………………………….
Name of requesting organization: …
Direct superior agency (if any): …
Main office located at: …Telephone: …Fax: …; Email: …
Established according to Investment Permit/Decision on Establishment No. …dated ... month ... year ...
Business Registration Certificate issued by ..., business registration number …, registered for the ... time on ... month ... year ...
Electricity business license No. ……… issued by …on …(if any).
Registered business scope: …
Request for issuance of electricity business license for the following fields and scope of operations:
- ........................................................................................................................................
- ........................................................................................................................................
Attached documents:
- ........................................................................................................................................
- ........................................................................................................................................
Request 2... issues electricity business license for ... (name of requesting organization).
...(Name of organization) hereby solemnly commits to operate within the licensed field and scope, and comply with the provisions of the electricity business license./.
|
|
MANAGEMENT |
___________________
1 Sent to the agency receiving and handling procedures for reviewing applications for issuance of electricity business licenses or the competent authority issuing the license: Department of Industry and Trade, Electricity Regulatory Authority, People's Committee of provinces, Ministry of Industry and Trade.
2 Sent to the competent authority issuing the license: Department of Industry and Trade, Electricity Regulatory Authority, People's Committee of provinces, Ministry of Industry and Trade.
Model
2a|
MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: …/GP-BCT |
Hanoi, day … month … year … |
ELECTRICITY BUSINESS LICENSE
THE MINISTER OF INDUSTRY AND TRADE
Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Electricity Law dated December 3, 2004; and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;
Based on Decree No. 137/2013/NĐ-CP dated October 21, 2013, issued by the Government, detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law;
Pursuant to Circular No. .../2017/TT-BCT dated ... month ... year 2017 of the Minister of Industry and Trade prescribing the procedures and conditions for granting and revoking electricity business licenses;
CONSIDERING THE APPLICATION FOR GRANTING THE ELECTRIC POWER BUSINESS LICENSE OF ... (NAME OF THE ORGANIZATION APPLYING FOR THE LICENSE);
At the proposal of the Director of the Electricity Regulatory Authority,
DECISION:
Article 1. Granting the electric power business license to:
1. Name of organization: …
2. Direct superior authority - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).: ..............................................................................
3. Directly managed and operated unit (for the power generation sector if applicable):
4. Business registration certificate issued by ..., business code ..., registered for the ... time on ... day ... month ... year ...
5. Head office: …; Telephone: …; Fax: …; Email: …
Article 2. Scope of operation
1. ........................................................................................................................................
2. ........................................................................................................................................
Article 3. Scope and duration of operation
1. Sector 1: … 3
Duration until ... day ... month ... year ...
2. Sector 2: …
Duration until ... day ... month ... year ...
Article 4. Responsibilities of the licensed electric power unit
... (Licensed electric power unit) shall be obliged to comply with the provisions of the Electricity Law, the Law Amending and Supplementing Certain Provisions of the Electricity Law, and guiding documents for implementation; comply with other relevant laws.
Article 5. Effective Date
This electric power business license takes effect from the date of signature./.
|
|
THE MINISTER |
________________
3 Specify detailed information about the scope of operation for each sector; specifically for the power generation sector, provide detailed information about the main parameters of the power plant (total capacity, main technical specifications of the generator set, main transformer, booster substation, information on power plant connection).
Model
Traditional Musical Instrument Performance|
MINISTRY OF INDUSTRY AND TRADE |
SOCIALIST REPUBLIC OF VIET NAM |
|
No.: /GP-DTDL |
Hanoi, day … month … year … |
ELECTRICITY BUSINESS LICENSE
DIRECTOR OF THE POWER REGULATION AGENCY
Pursuant to Decision No. 153/2008/QĐ-TTg dated November 28, 2008 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Power Regulation Agency under the Ministry of Industry and Trade;
Pursuant to the Electricity Law dated December 3, 2004; and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;
Based on Decree No. 137/2013/NĐ-CP dated October 21, 2013, issued by the Government, detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law;
Pursuant to Circular No. .../2017/TT-BCT dated ... month ... year 2017 of the Minister of Industry and Trade prescribing the procedures and conditions for granting and revoking electricity business licenses;
CONSIDERING THE APPLICATION FOR GRANTING THE ELECTRIC POWER BUSINESS LICENSE OF ... (NAME OF THE ORGANIZATION APPLYING FOR THE LICENSE);
At the proposal of the Head of the Public Relations and Licensing Department,
DECISION:
Article 1. Granting the electric power business license to:
1. Name of organization: …
2. Direct superior authority - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).: ...............................................................................
3. Directly managed and operated unit (for the power generation sector if applicable):
4. Business registration certificate issued by ..., business code ..., registered for the ... time on ... day ... month ... year ...
or Establishment Decision No.: ..., dated ... day ... month ... year ...
5. Head office: …; Telephone: …; Fax: …; Email: …
Article 2. Scope of operation
1. ..........................................................................................................................................
2. ..........................................................................................................................................
Article 3. Scope and duration of operation
Sector 1: … 4
Duration until ... day ... month ... year ...
Sector 2: …
Duration until ... day ... month ... year ...
Article 4. Responsibilities of the licensed electric power unit
... (Licensed electric power unit) shall be obliged to comply with the provisions of the Electricity Law, the Law Amending and Supplementing Certain Provisions of the Electricity Law, and guiding documents for implementation; comply with other relevant laws.
Article 5. Effective Date
This electric power business license takes effect from the date of signature./.
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DIRECTOR |
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4 Specify detailed information about the scope of operation for each sector; specifically for the power generation sector, provide detailed information about the main parameters of the power plant (total capacity, main technical specifications of the generator set, main transformer, booster substation, information on power plant connection).
Model
2c|
PROVINCE/CITY PEOPLE'S COMMITTEE … |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: ... /GP-UBND |
…, day … month … year … |
ELECTRICITY BUSINESS LICENSE
PROVINCE/CITY PEOPLE'S COMMITTEE …
Pursuant to the Law on Organization of Local Administration dated June 19, 2015;
Pursuant to the Electricity Law dated December 3, 2004; and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;
Based on Decree No. 137/2013/NĐ-CP dated October 21, 2013, issued by the Government, detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law;
Pursuant to Circular No. .../2017/TT-BCT dated ... month ... year 2017 of the Minister of Industry and Trade prescribing the procedures and conditions for granting and revoking electricity business licenses;
CONSIDERING THE APPLICATION FOR GRANTING THE ELECTRIC POWER BUSINESS LICENSE OF ... (NAME OF THE ORGANIZATION APPLYING FOR THE LICENSE);
AT THE PROPOSAL OF THE DIRECTOR OF THE DEPARTMENT OF INDUSTRY AND TRADE,
DECISION:
Article 1. Granting the electric power business license to:
1. Name of organization: …
2. Direct superior authority - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).: ...............................................................................
3. Directly managed and operated unit (for the power generation sector if applicable):
4. Business registration certificate issued by ..., business code ..., registered for the ... time on ... day ... month ... year ...
or Establishment Decision No.: ………, dated ... day ... month ... year ...
5. Head office …; Telephone: …; Fax: …; Email: …
Article 2. Scope of operation
1. .........................................................................................................................................
2. .........................................................................................................................................
Article 3. Scope and duration of operation
Sector 1: … 5
Duration until ... day ... month ... year ...
Sector 2: …
Duration until ... day ... month ... year ...
Article 6. Responsibilities of the licensed electric power unit
... (Licensed electric power unit) shall be obliged to comply with the provisions of the Electricity Law, the Law Amending and Supplementing Certain Provisions of the Electricity Law, and guiding documents for implementation; comply with other relevant laws.
Article 7. Effective Date
This electric power business license takes effect from the date of signature./.
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SEAL OF THE PROVINCE/CITY PEOPLE'S COMMITTEE … |
___________________
5 Specify detailed information about the scope of operation for each sector; specifically for the power generation sector, provide detailed information about the main parameters of the power plant (total capacity, main technical specifications of the generator set, main transformer, booster substation, information on power plant connection).
Sample 2d
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PROVINCE/CITY PEOPLE'S COMMITTEE … |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: …/GP-SCT |
…, day … month … year … |
ELECTRICITY BUSINESS LICENSE
DIRECTOR OF THE DEPARTMENT OF INDUSTRY AND TRADE OF PROVINCE/CITY …
Pursuant to Decision No. ... dated ... day ... month ... year ... of the People's Committee of ... regarding the stipulation of functions, tasks, ... of the Department of Industry and Trade of ...;
Pursuant to the Electricity Law dated December 3, 2004; and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;
Based on Decree No. 137/2013/NĐ-CP dated October 21, 2013, issued by the Government, detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law;
Pursuant to Circular No. .../2017/TT-BCT dated ... month ... year 2017 of the Minister of Industry and Trade prescribing the procedures and conditions for granting and revoking electricity business licenses;
Pursuant to Decision No. ... dated ... day ... month ... year ... of the People's Committee ... regarding the delegation of authority to issue Electric Power Business Licenses;
CONSIDERING THE APPLICATION FOR GRANTING THE ELECTRIC POWER BUSINESS LICENSE OF ... (NAME OF THE ORGANIZATION APPLYING FOR THE LICENSE);
At the proposal of the Head of the ... Department,
DECISION:
Article 1. Granting the electric power business license to:
1. Name of organization: …
2. Direct superior authority - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).: ...............................................................................
3. Directly managed and operated unit (for the power generation sector if applicable):
4. Business registration certificate issued by ..., business code ..., registered for the ... time on ... day ... month ... year ...
or Establishment Decision No.: ..., dated ... day ... month ... year ...
5. Head office: …; Telephone: …; Fax: …; Email: …
Article 2. Scope of operation
1. .........................................................................................................................................
2. .........................................................................................................................................
Article 3. Scope and duration of operation
Sector 1: … 6
Duration until ... day ... month ... year ...
Sector 2: …
Duration until ... day ... month ... year ...
Article 4. Responsibilities of the licensed electric power unit
... (Licensed electric power unit) shall be obliged to comply with the provisions of the Electricity Law, the Law Amending and Supplementing Certain Provisions of the Electricity Law, and guiding documents for implementation; comply with other relevant laws.
Article 5. Effective Date
This electric power business license takes effect from the date of signature./.
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DIRECTOR |
___________________
6 Specify detailed information about the scope of operation for each sector; specifically for the power generation sector, provide detailed information about the main parameters of the power plant (total capacity, main technical specifications of the generator set, main transformer, booster substation, information on power plant connection).
Sample 3a
LIST OF EXTRACTS
MANAGEMENT STAFF AND EXPERT ADVISORS IN THE MAIN ADVISORY SECTOR OF ELECTRIC POWER
(For the advisory activities in planning, investment construction, and supervision of electrical projects)
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Serial number |
Full Name |
Date of Birth |
Place of Origin |
Position |
Professional Qualification |
Years of experience (years) |
Number of projects and works participated in |
Professional Certificate |
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I. |
Budget management staff |
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5 |
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II |
Main advisor and lead advisor |
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II. 1 |
Main advisor performing the role of lead advisor |
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II.2 |
Main advisor |
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Sample 3b
LIST OF EXTRACTS OF MANAGEMENT AND OPERATING STAFF
(For the activities in power generation, transmission, distribution, wholesale, retail electricity, and import/export of electricity)
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Serial number |
Full Name |
Date of Birth |
Place of Origin |
Position |
Professional Qualification |
Years of work experience |
Remarks |
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I. |
Technical management staff and business management staff |
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2 |
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4 |
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II |
Shift supervisors (for power generation, distribution, and transmission activities) |
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Sample 4a
REPORT ON MAINTAINING LICENSE CONDITIONS FOR POWER GENERATION
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Direct superior authority |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: …/…. |
…., day … month … year … |
REPORT
Regarding maintaining the conditions for the electric power business license in the power generation sector and electric power activities in the year ...
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Respectfully submitted to: |
- Power Regulatory Agency; |
Name of licensed entity: …
Direct superior agency (if any): …
Registered head office at: …Telephone: …; Fax: …; Email: …
Representative office, trading office (if any) at: …Telephone: …; Fax: …; Email: …
Business Registration Certificate issued by ..., business registration number …, registered for the ... time on ... month ... year ...
Electric power business license number: …issued by …on …for the following sectors of activity:
- …, duration until …day …month …year …
- …, duration until …day …month …year …
Name of power plant granted permission to operate:
Installed capacity of the power plant:
Voltage level connected to the national power grid:
I. REPORT ON MAINTENANCE OF PERMITTED CONDITIONS
1. Technological equipment, means serving power generation (if there are changes)
1.1. Operating status of major equipment in the power plant: Turbine, generator, main transformer...
1.2. Detailed report on equipment if there are changes affecting the rated generation capacity, changes in the main parameters of the power plant (if any)
2. Technical operation management staff, shift supervisor team
2.1. Technical operation management staff
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No. |
Full Name |
Professional Qualification |
Years of work experience in power generation |
Remarks |
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1 |
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... |
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2.2 Shift supervisor team
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No. |
Full Name |
Professional Qualification |
Certificate of operation number, date of issuance |
Decision recognizing position as shift supervisor number, date of issuance |
Remarks |
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1 |
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2 |
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... |
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3. System" infrastructure technologyPublic Key Cryptography Standard (PKCS#1), system Control, monitoring, and data collection in accordance with the requirements of the power system as prescribed by law.
3.1. Communication System:
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No. |
- Column (10): Remaining value recorded in accounting books or value according to the appraisal result at the time of handover (if applicable). |
None |
Not available for use |
In normal operation |
Remarks |
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1 |
Direct communication channel (hotline) |
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2 |
Telephone |
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3 |
Fax machine (or similar device) |
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4 |
Dispatch Order Management System (DIM) |
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... |
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3.2. System" SCADA (applicable to power plants with a capacity of 10 MW or more, or connected to the grid at 110 kV or higher, or agreed upon installation of SCADA in connection agreements)
- Connection status to dispatch levels with control authority:
- Number of connected signals/total number of SCADA signals:
- Number of complete disconnections in the year:
- Total disconnection time in the year (hours):
3.3. Electrical Energy Measurement System:
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No. |
- Column (10): Remaining value recorded in accounting books or value according to the appraisal result at the time of handover (if applicable). |
None |
Not available for use |
In good condition |
Date of last calibration or verification |
Remarks |
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1 |
Main electrical energy measurement system |
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2 |
Backup electrical energy measurement system 1 |
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3 |
Backup electrical energy measurement system 2 |
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4 |
Remote electrical energy measurement data collection system |
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List remote data collection units |
4. Infrastructure SystemPublic Key Cryptography Standard (PKCS#1) Serving the electricity market (For entities participating in the electricity market).
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No. |
System" |
Equipment status (replacement/new, upgrade - if applicable) |
Operation status |
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Number of incidents |
Total incident time |
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System connection to internal market information network |
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System" bidding |
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3 |
Market electricity payment support system |
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5. Equipment with strict safety requirements must be inspected and meet technical standards:
List of equipment with strict safety requirements, operational status
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No. |
Name of equipment |
Operational status |
Inspection status |
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6. Environmental impact assessment report and environmental protection plan of the power generation project have been approved or accepted by competent state authorities:
- Implementation of responsibilities specified in the Decision approving the Environmental Impact Assessment Report or confirmation document of the environmental protection plan.
- Decision approving, amending the Environmental Impact Assessment Report or environmental protection plan.
7. Fire prevention and firefighting system of the power plant:
- Maintenance work on fire prevention and firefighting equipment according to design and fire prevention and firefighting plans approved by competent authorities.
- Training and drill activities in the year according to the fire prevention and firefighting plan approved by competent authorities.
8. Reservoir operation procedures for hydropower plants approved by competent authorities:
Implementation of responsibilities specified in the reservoir operation procedures and inter-reservoir procedures (if any), which have been approved.
In case of amendments or adjustments, please attach a copy of the Decision approving or amending the reservoir operation procedures.
9. Compliance with dam safety management regulations for hydropower plants:
- Report on the implementation of dam owner's responsibilities for dam safety management and attach relevant documents: Decision approving the dam safety management plan (when changes occur); Decision approving the annual flood prevention plan ensuring dam safety; Decision approving the annual flood prevention plan ensuring downstream safety.
- Report on dam safety inspection (when due): Consulting unit performing the inspection, inspection results.
II. REPORT ON OPERATIONAL SITUATION
1. Electricity production and revenue for the year...
2. Time of power outage (due to incidents, maintenance, repairs) during the year
Commitment of the entity to maintain power operations: ...
(Name of reporting entity) hereby certify that all information in this report is entirely true and I accept full legal responsibility for its contents./.
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UNIT MANAGEMENT |
Sample 4b
REPORT ON MAINTAINING LICENSE CONDITIONS FOR ELECTRICITY ACTIVITIES IN THE TRANSMISSION/DISTRIBUTION SECTOR
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Direct superior authority |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: …/…. |
…., day … month … year … |
REPORT
Regarding maintaining license conditions for electricity activities in the transmission/distribution sector and electricity operations in the year ...
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Respectfully submitted to: |
- Power Regulatory Agency; |
Name of licensed entity: …
Direct superior agency (if any): …
Registered main office at: ... Telephone: ... Fax: ...; Email:...
Representative office, transaction headquarters (if any) at: ... Telephone: ... Fax: ...; Email:...
Business Registration Certificate issued by ..., business registration number …, registered for the ... time on ... month ... year ...
Electricity business license number: ... issued by ... on ... for the following activities:
- ..., valid until ... month ... year ...
Contents of the report:
1. Technical personnel directly managing operations
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No. |
Full Name |
Professional Qualification |
Years of experience in the transmission/distribution sector |
Remarks |
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... |
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2. Staff directly operating the system
3. Fire prevention and firefighting work:
- Maintenance work on fire prevention and firefighting equipment.
- Fire prevention and firefighting training and drills in the year.
4. Report on electricity transmission volume and revenue (for transmission entities).
Commitment of the entity to maintain power operations: ...
(Name of reporting entity) hereby certify that all information in this report is entirely true and I accept full legal responsibility for its contents./.
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UNIT MANAGEMENT |
Form 4
ofREPORT ON MAINTAINING LICENSE CONDITIONS FOR ELECTRICITY ACTIVITIES
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Direct superior authority |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: …/…. |
…., day … month … year … |
REPORT
IN THE WHOLESALE/ELECTRICITY DISTRIBUTION AND RETAIL/ELECTRICITY EXPORT AND IMPORT SECTORS
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Respectfully submitted to: |
- Power Regulatory Agency; |
Name of licensed entity: …
Direct superior agency (if any): …
Registered main office at: ... Telephone: ... Fax: ...; Email:...
Representative office, transaction headquarters (if any) at: ... Telephone: ... Fax: ...; Email:...
Business Registration Certificate issued by ..., business registration number …, registered for the ... time on ... month ... year ...
Electricity business license number: ... issued by ... on ... for the following activities:
- ..., valid until ... month ... year ...
- ..., valid until ... month ... year ...
Contents of the report:
1. Directly managing sales and technical personnel
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No. |
Full Name |
Professional Qualification |
Years of experience in the managed sector |
Remarks |
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1 |
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2. Staff directly operating the system
3. Status of infrastructure systemsPublic Key Cryptography Standard (PKCS#1) serving the electricity market (if applicable).
4. Fire prevention and firefighting work:
- Maintenance work on fire prevention and firefighting equipment.
- Fire prevention and firefighting training and drills in the year.
5. Electricity operation status in the year:
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No. |
Content |
Unit of Measurement |
Actual figures |
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1 |
Activities in the wholesale/electricity distribution and retail/electricity export and import sectors authorized |
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Electricity production volume |
kWh |
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Electricity sold volume |
kWh |
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Electricity revenue |
Copper |
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Production and business costs |
Copper |
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Profit/loss (before tax) |
Copper |
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2 |
Other production and business activities |
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Revenue |
Copper |
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Cost |
Copper |
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Profit/loss (before tax) |
Copper |
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Commitment of the entity to maintain power operations: ...
(Name of reporting entity) hereby certify that all information in this report is entirely true and I accept full legal responsibility for its contents./.
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UNIT MANAGEMENT |
Form 4
For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;REPORT ON MAINTAINING LICENSE CONDITIONS FOR ELECTRICITY ACTIVITIES
IN THE FIELD OF
SPECIALIZED ELECTRICITY CONSULTANCY|
Direct superior authority |
SOCIALIST REPUBLIC OF VIET NAM |
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No.: …/…. |
…., day … month … year … |
REPORT
Regarding maintaining license conditions for specialized electricity consultancy activities and electricity operations in the year ....
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Respectfully submitted to: |
- Power Regulatory Agency; |
Name of licensed entity: …
Direct superior agency (if any): …
Registered main office at: ... Telephone: ... Fax: ...; Email:...
Representative office, transaction headquarters (if any) at: ... Telephone: ... Fax: ...; Email:...
Business Registration Certificate issued by ..., business registration number …, registered for the ... time on ... month ... year ...
Electricity business license number: ... issued by ... on ... for the following activities:
- ..., valid until ... month ... year ...
- ..., valid until ... month ... year ...
Contents of the report:
1. List of management staff and key consulting experts:
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No. |
Full Name |
Year of Birth |
Professional Qualification |
Years of experience |
Professional Certificate |
Completed projects |
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I |
Budget management staff |
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II |
Main advisor |
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2. List of software applications supporting consultancy work.
3. List of technical equipment supporting consultancy work.
4. List of projects completed by the consultancy firm in the year...
Commitment of the entity to maintain power operations: ...
(Name of reporting entity) hereby certify that all information in this report is entirely true and I accept full legal responsibility for its contents./.
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UNIT MANAGEMENT |
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