DECREE NO. 137/2013/ND-CP PROVIDES DETAILED REGULATIONS IMPLEMENTING CERTAIN PROVISIONS OF THE ELECTRIC POWER LAW AND THE AMENDMENTS AND SUPPLEMENTS TO CERTAIN PROVISIONS OF THE ELECTRIC POWER LAW.

DECREE

Detailed regulations on the implementation of certain articles of the Electricity Law and

the Law amending and supplementing certain articles of the Electricity Law

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Pursuant to the Law on Organization of the Government dated December 25, 2001;

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;

CONSIDERING THE PROPOSAL OF THE MINISTER OF INDUSTRY AND TRADE;

The Government promulgates the Decree detailing the implementation of certain articles of the Electricity Law and the Law amending and supplementing certain articles of the Electricity Law,

Article 1. Scope of Regulation

This Decree details the implementation of certain articles of the Electricity Law and the Law amending and supplementing certain articles of the Electricity Law regarding planning and investment in electricity development; management of electricity demand; purchase and sale of electricity; electricity prices; permits for electricity activities; regulation of electricity activities; inspection of electricity activities and electricity usage.

Article 2. Organization to adjust the planning for electricity development

1. Implement adjustments to the planning for electricity development every five years or earlier to promptly meet the changing requirements of economic and social development.

2. The Ministry of Industry and Trade organizes the preparation and approval of the outline and budget estimate for implementing the adjustment of the national electricity development plan, including funds for the tasks of review and publication; registering the state budget plan for the implementation of the adjustment according to regulations.

3. Provincial People's Committees and municipal people's committees under the central government organize the preparation and approval of the outline and budget estimate for adjusting the provincial and municipal electricity development plans, including funds for the tasks of review and publication; allocating local state budget plans for the adjustment according to regulations.

Article 3. Management and Implementation of Planning for Electricity Development

1. The Ministry of Industry and Trade shall be responsible for:

a) Implement state management over the planning for electricity development; guide the preparation of annual investment plans for electricity development based on approved electricity development plans;

b) Publish the national electricity development plan, including adjusted plans that have been approved;

c) Take the lead in coordinating with ministries, sectors, and provincial and municipal people's committees to develop mechanisms and solutions for implementing the electricity development plan to be submitted to the Prime Minister;

d) Organize monitoring and inspection of the implementation of the national electricity development plan;

đ) Annually summarize and evaluate the results, impacts, and influences of the implementation of the national electricity development plan to report to the Prime Minister.

2. People's Committees of provinces and centrally governed cities shall be responsible for:

a) Publish the provincial and municipal electricity development plans, including adjusted plans that have been approved;

b) Allocate land within the local land use plan for electricity projects included in the national electricity development plan and provincial and municipal electricity development plans that have been approved;

c) Take the lead in closely coordinating with project investors to implement land clearance, compensation, resettlement, and relocation for electricity projects;

d) Organize monitoring and inspection of the implementation of provincial and municipal electricity development plans at the local level;

đ) Annually summarize and evaluate the results, impacts, and influences of the implementation of provincial and municipal electricity development plans at the local level, reporting to the Ministry of Industry and Trade.

3. Project investors in the power sector shall be responsible for:

a) Provide sufficient and timely funding to units responsible for compensation, resettlement, and relocation for electricity projects;

b) Submit relevant files to the provincial and municipal people's committees for land allocation for construction sites, safety corridors, worker housing areas, and resettlement areas for electricity projects;

c) Coordinate with units authorized by competent state agencies to implement compensation, resettlement, and land clearance to carry out compensation, resettlement, and land clearance;

d) Annually report to competent state agencies managing the implementation of electricity development plans on the progress of project implementation.

4. Organizations and individuals having houses and assets attached to land areas within the scope of construction sites and safety corridors of electricity projects shall be responsible for:

a) Timely transferring the land area designated for electricity works as decided by the People's Committee at all levels in accordance with the laws on land;

b) Cooperating with units implementing compensation, resettlement, and relocation work in the relocation and clearance of construction sites and safety corridors of power source and grid projects that have been authorized by competent state agencies to invest in.

5. The Ministry of Finance, in coordination with the Ministry of Industry and Trade, shall stipulate the annual budget for implementing the contents specified in Points d and đ Clause 1 and Points d and đ Clause 2 of this Article.

Article 4. Large power plants with special significance

1. Large power plants with significant economic and social, national defense, and security implications as specified in Clause 2, Article 4 of the Electricity Law include:

a) Nuclear power plants;

b) Certain hydropower plants.

2. The Minister of Industry and Trade shall submit to the Prime Minister for approval the list of power plants as stipulated in Clause 1 of this Article.

Article 5. Responsibility for investment in construction of substations

1. Power generation units shall be responsible for investing in the construction of switching stations and transformer stations within their management scope, in synchronization with power generation technology equipment to connect to the power system, except where otherwise agreed.

2. Transmission and distribution units shall be responsible for investing in the construction of transformer stations, switching stations, and reactive power compensation stations within their management scope, except where otherwise agreed.

Article 6. Construction and renovation of power grids

1. New transmission and distribution power lines and transformer stations must be designed and equipped with technical and technological facilities that comply with national technical standards (TCVN) or equivalent or higher international standards approved by competent state authorities for application in Vietnam.

2. Transmission and distribution units shall be responsible for developing plans and timelines for the renovation and upgrading of existing transmission and distribution power lines and transformer stations to ensure compliance with national technical standards (TCVN) or equivalent or higher international standards approved by competent state authorities for application in Vietnam.

3. Organizations and individuals with separate power lines and transformer stations shall be responsible for investing in the renovation and upgrading of their own power lines and transformer stations when the transmission and distribution units determine that such separate power lines and transformer stations do not meet operational standards issued by competent state authorities.

Article 7. Conditions for connecting power facilities to the national power grid

1. Power facilities connected to the national power system must meet the conditions and technical standards and have a Connection Agreement with the grid management unit.

2. The Ministry of Industry and Trade shall specify the conditions and technical standards, methods for determining initial connection costs, annual management and operation rental fees (if applicable); procedures for connection; and models of Connection Agreements.

Article 8. Support for investment in rural, mountainous, border, and island electricity development

The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry and Trade to guide the implementation of policies supporting investment in electricity development in rural, mountainous, border, island areas, and regions with difficult socio-economic conditions and extremely difficult conditions.

Article 9. Management of electricity demand

Management of electricity demand as provided for in Point a, Clause 1, Article 16 of the Electricity Law includes activities encouraging and guiding changes in electricity usage patterns; using high-efficiency electrical devices; preventing waste, reducing electricity losses; lowering peak loads, and minimizing load differences between peak and off-peak hours.

Article 10. Responsibilities for managing electricity demand

1. The Ministry of Industry and Trade shall be responsible for:

a) Develop and submit to the Prime Minister for approval the national program on electricity demand management and provide guidance and organize its implementation;

b) Issue technical standards and guidelines for implementing laws on electricity demand management;

c) Guide power units in implementing and evaluating the results of electricity demand management programs and plans;

d) Lead and coordinate with the Ministry of Finance to develop and issue financial mechanisms to encourage and support the implementation of the national program on electricity demand management; conduct research and development related to electricity demand management.

2. Provincial People's Committees are responsible for:

a) Develop programs and solutions to implement electricity demand management and efficient electricity use for customer groups under their management scope; incorporate program goals into local socio-economic development plans and production plans, and monitor and evaluate implementation; allocate appropriate resources to implement electricity demand management and efficient electricity use;

b) Monitor, supervise, and report to the Ministry of Industry and Trade on the results of implementing electricity demand management and efficient electricity use programs for customer groups under their management; promptly address cases of non-compliance with laws on electricity demand management and efficient electricity use.

3. Power units shall be responsible for:

a) Developing plans and organizing the implementation of activities under the national program on electricity demand management;

b) Reporting on the results of implementing electricity demand management plans as required.

4. Electricity customers shall be responsible for participating in the implementation of contents in the national program on electricity demand management.

Article 11. Electricity purchase and sale contracts for residential purposes

1. Conditions for signing electricity purchase and sale contracts for residential purposes

a) The electricity buyer must have full civil capacity as prescribed by law and submit a request for electricity purchase accompanied by a copy of one of the following documents: permanent residence registration book, or temporary residence certificate; certificate of ownership of housing or decision on housing allocation; valid housing purchase contract; lease contract with a term of one year or more; Land use right certificate (on land with housing); Notarized or certified management and use authorization contract;

b) The electricity seller must have a distribution network capable of supplying electricity to meet the buyer's needs.

2. The electricity seller shall sign the contract and supply electricity to the electricity buyer within seven working days when all conditions stipulated in Clause 1 of this Article are met.

3. In cases where there is no distribution network or the distribution network is overloaded, confirmed by the Electricity Regulatory Authority or authorized agency, the electricity seller must respond to the electricity buyer within five working days, clearly stating the expected date of electricity supply.

4. The Ministry of Industry and Trade shall issue a model electricity purchase and sale contract for residential purposes.

Article 12. Guaranteeing the performance of electricity purchase and sale contracts

1. The electricity buyer who is an electricity consumer with an average monthly consumption of 1,000,000 kWh or more shall be responsible for implementing measures to guarantee the performance of the contract before the electricity purchase and sale contract becomes effective.

2. The value of the guarantee for contract performance shall be agreed upon by both parties, but shall not exceed fifteen days' worth of electricity charges based on the average monthly consumption registered in the electricity purchase and sale contract and the normal electricity rate applied.

3. Measures, forms, effectiveness of guarantees, rights and obligations regarding guarantees shall be specifically agreed upon by both parties in the electricity purchase and sale contract; it is encouraged to implement bank guarantees.

4. The electricity seller has the right to stop supplying electricity to the electricity buyer if the buyer does not implement the measures to guarantee contract performance or fails to maintain such measures.

5. Provisions on guaranteeing the performance of electricity purchase and sale contracts do not apply to contracts that were already effective prior to the effective date of this Decree, except for contracts where both parties have already agreed on guarantee measures.

Article 13. Violations of electricity purchase and sale contracts

1. Violations by the electricity seller include:

a) Delaying the supply of electricity according to signed electricity purchase and sale contracts, except in cases where the customer's facilities are not yet operational;

b) Failing to ensure the quality, quantity, and stability of electricity supply according to signed contracts, except in cases of force majeure;

c) Recording incorrect meter readings; calculating incorrectly the electricity charges in the bill;

d) Delaying or failing to compensate the electricity buyer for damages caused by their own fault;

đ) Other actions violating electricity purchase and sale regulations;

2. Violations by the electricity buyer include:

a) Delaying the implementation of signed contracts;

b) Using electricity for purposes other than those specified in the contract;

c) Exceeding the registered load profile during peak hours as recorded in the electricity purchase and sale contract;

d) Failing to terminate the contract when electricity is not being used;

đ) Late payment of electricity bills without justifiable reasons;

e) Delaying or failing to compensate the electricity seller for damages caused by their own fault;

g) Other actions violating electricity purchase and sale regulations.

Article 14. Suspension and Reduction of Electricity Supply

1. The electricity seller may suspend or reduce the level of electricity supply in the following cases:

a) Suspension or reduction of electricity supply as prescribed in Article 27 of the Electricity Law;

b) The electricity buyer commits violations as stipulated in Clauses 1, 4, 5, 6, 7, and 8 of Article 7 of the Electricity Law;

c) At the request of the competent state agency in cases where organizations or individuals violate the provisions of the Electricity Law, Construction Law, and environmental protection laws.

2. The Ministry of Industry and Trade shall specify the conditions and procedures for suspending and reducing electricity supply; costs of suspension and resumption of electricity supply.

Article 15. Quality of Electric Power

1. Voltage and frequency for electricity usage must meet the following standards:

a) Regarding voltage: Under normal conditions, the permissible voltage deviation is within ± 5% of the nominal voltage of the power grid and is determined at the location of the electricity metering device or at another location agreed upon by both parties. For unstable grids after a single incident, the permissible voltage deviation ranges from +5% to -10%;

b) Regarding frequency: Under normal conditions, the permissible system frequency deviation is within ± 0.2 Hz of the nominal frequency of 50 Hz. For unstable grids after a single incident, the permissible frequency deviation is ± 0.5 Hz.

2. The Ministry of Industry and Trade is responsible for issuing regulations on the quality standards of electric power in the power system.

3. The electricity buyer who uses a separate substation or does not have a separate substation but has a maximum usage capacity of 40 kW or more shall be responsible for:

a) Registering load profiles and technical characteristics of electrical equipment with the electricity seller;

b) Ensuring the power factor cosφ ≥ 0.9 at the location of the electricity metering device under conditions where the power system meets the quality standards of electric power as stipulated in Clause 1 of this Article;

c) Installing reactive power compensation equipment when the power factor cosφ < 0.9 to increase the power factor cosφ ≥ 0.9 or purchase additional reactive power from the electricity seller's system.

Within one year from the date this Decree takes effect, the electricity buyer is not required to purchase reactive power when implementing a power factor cosφ of 0.85 or higher;

d) Ensuring technical standards regarding harmonic waves, voltage fluctuations, and voltage flicker as prescribed.

4. In cases where the electricity buyer has the ability to feed reactive power into the power system and the electricity seller has a need to purchase reactive power, both parties may negotiate the purchase and sale of reactive power through a contract.

5. In special cases, the electricity buyers and sellers may agree on different quality standards for electric power than those prescribed in Clause 1 of this Article.

6. The Ministry of Industry and Trade shall provide guidance on the purchase and sale of reactive power as prescribed in this Article.

Article 16. Measurement of Electric Power

1. When changing the electricity metering device, the electricity buyer and seller must jointly sign a confirmation document for the technical specifications of the electricity metering device and the electricity meter readings.

2. In cases where the electricity metering device is lost or damaged, both parties shall prepare a record to determine the cause and responsibility of the relevant parties. If the cause cannot be determined due to the fault of the electricity buyer, the electricity seller shall be responsible for repairing or replacing the new electricity metering device and continuing to supply electricity to the electricity buyer.

3. The new electricity user shall be responsible for notifying the electricity seller to inspect the electricity metering system after receiving the electricity usage site with an installed electricity metering device. During the period before notifying the electricity seller, the electricity user shall be responsible for the received electricity metering system. The electricity seller shall be responsible for continuing to supply electricity, inspecting the electricity metering system, and signing a power purchase and sale contract when the new electricity user meets all conditions.

4. The Ministry of Industry and Trade shall be responsible for specifying the measurement of electric power in the power system; collecting, transmitting, and managing automatic meter reading data in the power system.

Article 17. Recording Electricity Meter Readings

1. For electricity purchases and sales for residential purposes, the seller shall record the electricity meter readings once a month on the designated day, allowing for a shift in the recording time by one day earlier or later, except in cases of force majeure.

2. For electricity purchases and sales for non-residential purposes, the seller's procedure for recording electricity meter readings shall be as follows:

a) Less than 50,000 kWh/month, record the meter reading once a month;

b) From 50,000 to 100,000 kWh/month, record the meter reading twice a month;

c) More than 100,000 kWh/month, record the meter reading three times a month.

3. For buyers using less than 15 kWh/month of electricity, the cycle for recording electricity meter readings shall be agreed upon by both parties.

4. For wholesale electricity purchases and sales, the procedure for recording electricity meter readings shall be stipulated in the contract between the two parties.

5. The seller must ensure the accuracy of the recorded electricity meter readings.

Article 18. Responsibilities for Protecting Electricity Meters of the Buyer

1. Protect the electricity meters within their management scope according to the agreement in the electricity purchase and sale contract. In case of loss, compensation must be provided, and in case of damage, the costs for repair and inspection must be borne.

2. Shall not dismantle or move the electricity meters without authorization. When there is a need to move the electricity meter to another location, it must be with the consent of the seller and the buyer must bear the relocation costs.

Article 19. Inspection of Disputed Electricity Measuring Equipment

1. The Department of Industry and Trade of the province or centrally administered city is the state management agency responsible for organizing the inspection of disputed electricity measuring equipment at the local level according to the requirements of the buyer as stipulated in Clause 3, Article 25 of the Electricity Law.

2. Independent organizations invited by the Department of Industry and Trade to conduct inspections of disputed electricity measuring equipment must be organizations that have no rights or interests related to the parties involved in the electricity purchase and sale and have not previously participated in the inspection of the disputed electricity measuring equipment.

Article 20. Payment for Electricity

1. The electricity payment invoice is issued according to the cycle of recording electricity meter readings. The method of notifying electricity payments is agreed upon by both parties in the electricity purchase and sale contract.

2. In cases where the electricity measuring equipment is inaccurate compared to the prescribed standards, the electricity payment must be made according to the provisions of Article 23 of the Electricity Law, Clause 9 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Electricity Law, and shall be determined as follows:

a) If the period during which the electricity measuring equipment was inaccurate can be identified, the seller must refund the excess electricity charges collected or recover the outstanding electricity charges from the buyer;

b) If the period during which the electricity measuring equipment was running fast cannot be identified, the seller must refund the excess electricity charges collected over a calculation period of one meter reading cycle excluding the current usage period but not yet reaching the meter reading date.

3. In cases where the buyer uses electricity during the period when the electricity measuring equipment system is damaged causing the electricity meter to stop functioning, the electricity payment shall be calculated based on the average daily electricity consumption of the three consecutive meter reading cycles prior to the malfunction multiplied by the actual number of days of electricity usage. The actual number of days of electricity usage is calculated from the time the meter stopped operating recorded in the meter memory or from the date of the most recent meter reading if the meter did not record the stoppage time until the electricity measuring equipment system resumes operation.

4. In cases where the buyer uses electricity during the period when the electricity meter is missing, the electricity payment shall be calculated based on the average daily electricity consumption of the three consecutive meter reading cycles prior to the loss multiplied by the actual number of days of electricity usage. The actual number of days of electricity usage is calculated from the date of the most recent meter reading to the date the meter is reinstalled and resumes operation.

5. Encouragement is given for electricity payments to be made through banking systems or at the electricity payment collection points of the seller.

6. The competent authority organizing the resolution of disputes regarding electricity payments as stipulated in Clause 5, Article 23 of the Electricity Law is the Department of Industry and Trade or another organization agreed upon by both parties.

Article 21. Right to enter the management area of the electricity purchaser

The person assigned by the power unit to enter the management area of the electricity purchaser to perform tasks as stipulated in Point c Clause 1 Article 41, Point đ Clause 1 Article 43 and Point đ Clause 1 Article 44 of the Electricity Law must present to the electricity purchaser one of the following documents:

1. Power Inspector Card for electricity inspection activities.

2. Employee Card issued by the selling electricity unit for meter readers, maintenance, repair and replacement of distribution electricity units' electrical equipment.

Article 22. Purchase and sale of electricity with foreign countries

1. The competent authority for allowing purchase and sale of electricity with foreign countries as specified in Clause 1 Article 28 of the Electricity Law includes:

a) The Prime Minister approves the policy of purchasing and selling electricity with foreign countries through the national grid at voltage levels of 220 kV and above. The Ministry of Industry and Trade considers proposals for purchasing and selling electricity with foreign countries from power units and reports to the Prime Minister;

b) The Ministry of Industry and Trade approves the policy of purchasing and selling electricity with foreign countries through the national grid at voltage levels below 220 kV based on the proposal of the power unit.

2. Customers using electricity in border areas as specified in Clause 3 Article 28 of the Electricity Law are only allowed to directly purchase electricity from foreign countries at a voltage level of 0.4 kV and must meet the following conditions:

a) Be a Vietnamese citizen;

b) Have a power consumption capacity under 10 kW and cannot be connected to the national power system or local grid;

c) The entire distribution network from the border to the point of electricity use is invested in and managed by the electricity purchaser;

d) Ensure technical standards and safety regulations;

đ) Obtain the consent of the People's Committee of the district.

3. The People's Committee of the province is responsible for guiding, managing, supervising, and inspecting the purchase of electricity from foreign countries as specified in Clause 2 of this Article.

Article 23. Responsibility to report production and business costs and financial statements

1. The power unit has the responsibility to report to the Electricity Regulatory Authority the production and business costs and audited annual financial statements.

2. The Ministry of Industry and Trade shall specify the power units responsible for reporting, guide the content of the report, and the procedure for preparing the production and business cost report, inspect and confirm the production and business cost of the power unit as stipulated in Clause 1 of this Article.

Article 24. Approval of electricity prices and fees

1. The Ministry of Industry and Trade is responsible for defining the method, procedure for establishing and reviewing the framework price for power generation, framework price for wholesale electricity sales, transmission price, system ancillary service price, system operation dispatch fee, and electricity market transaction management fee after consulting with the Ministry of Finance.

2. The Minister of Industry and Trade is responsible for approving:

a) System operation dispatch fee and electricity market transaction management fee after consulting with the Ministry of Finance;

b) Framework price for power generation, framework price for wholesale electricity sales, transmission price, and system ancillary service price except in cases provided for in Clause 22 Article 1 of the Law Amending and Supplementing Certain Provisions of the Electricity Law.

Article 25. Two-part electricity pricing

Apply two-part electricity pricing including capacity charges and energy charges. The Ministry of Industry and Trade will develop and submit to the Prime Minister for approval the implementation schedule and applicable subjects.

Article 26. Generation Price and Wholesale Electricity Sale Price

1. The generation price and wholesale electricity sale price under the power purchase and sale contracts with a term shall be agreed upon by the electricity buyer and seller according to the method guided by the Ministry of Industry and Trade, but shall not exceed the price range approved by the competent state agency.

2. During the negotiation process, if the generation price and wholesale electricity sale price for signing a power purchase and sale contract with a term cannot be agreed upon, the Ministry of Industry and Trade shall decide on a temporary price to apply until the electricity buyer and seller agree on the official price.

3. The Ministry of Industry and Trade shall be responsible for guiding the implementation of Clause 1 and Clause 2 of this Article.

Article 27. Inspection of Power Purchase and Sale Contracts with a Term

1. The Electricity Regulatory Authority shall be responsible for inspecting the following types of contracts:

a) Power purchase and sale contracts with a term between power generation units and power purchasing units; Ancillary service contracts between power generation units and system operation and electricity market units;

b) Wholesale power purchase and sale contracts with a term on the wholesale electricity market; Wholesale power purchase contracts with a term of the State-owned Electricity Corporation.

2. The inspection contents shall be regulated as stipulated in Article 22 of the Electricity Law.

3. The Ministry of Industry and Trade shall be responsible for issuing model contracts, procedures for inspecting the types of contracts specified in Clause 1 of this Article, and handling contracts that violate regulations.

Article 28. General Conditions for Issuing, Amending, and Supplementing Power Business Licenses

Organizations and individuals to be issued, amended, or supplemented with power business licenses must meet the following general conditions:

1. They are organizations and individuals established and operating in accordance with the law, including:

a) Enterprises of all economic sectors established and operating in accordance with the Enterprise Law;

b) Cooperatives established and operating in accordance with the Cooperative Law;

c) Households and individuals engaged in business in accordance with the law;

d) Other organizations established and operating in accordance with the law.

2. They have a business field suitable for the requested licensing area.

3. They have a valid application for issuing, amending, or supplementing power business licenses.

4. They pay the licensing fee and assessment fee for issuing power business licenses in accordance with the regulations.

Article 29. Conditions for Issuing Power Generation Business Licenses

Organizations registering for power generation activities, in addition to the general conditions stipulated in Article 28 of this Decree, must also meet the following conditions:

1. They have a feasible investment project for building a power plant in line with the approved power development plan. They have technical equipment, facilities, workshops, and architectural works designed and constructed, installed, inspected, and accepted in accordance with the requirements set forth in the regulations.

2. The person directly managing technology and operations must hold a bachelor's degree or higher in electrical engineering or a relevant technical field and have at least five years of work experience in power generation. The person directly operating must be trained in a relevant specialty, trained in safety, and trained and certified in power plant and electricity market operations in accordance with the regulations.

3. They have an information technology infrastructure system, control monitoring system, and data collection system in line with the requirements of the power system and electricity market as prescribed by law.

4. Equipment with strict safety requirements for labor must pass technical inspections and meet the requirements.

5. They have an environmental impact assessment report and an environmental protection commitment for the power generation project, which have been approved or accepted by the competent state agency and comply with the provisions of the Environmental Protection Law.

6. The fire prevention and firefighting system of the power plant must be inspected and accepted by the authorized agency in accordance with the law.

7. They have an operational procedure for reservoirs for hydropower plants approved by the competent authority.

8. Legal documents regarding dam safety for hydropower plants in accordance with the law.

Article 30. Conditions for Issuing a License to Operate Electricity Transmission

An organization applying to operate electricity transmission, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. Possess technological equipment, service facilities, workshops, architectural works according to the approved technical design, constructed, installed, inspected, and accepted in accordance with the requirements set forth, capable of meeting the operational, maintenance, repair, and inspection requirements for power transmission lines, substations, switching stations, compensation stations, and accompanying synchronous devices within the transmission system; the fire prevention and firefighting system must comply with the prescribed requirements.

2. The person directly managing technical operations must have a bachelor's degree or higher in electrical engineering and at least five years of experience in the field of electricity transmission. The person directly operating must be trained, tested on the operation procedures, and safety regulations as prescribed by law.

Article 31. Conditions for Issuing a License to Operate Electricity Distribution

An organization applying to operate electricity distribution, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. Possess technological equipment, service facilities, workshops, architectural works constructed, installed, inspected, and accepted in accordance with the requirements set forth, capable of meeting the operational, maintenance, repair requirements for the distribution network, substations, and accompanying synchronous devices; the fire prevention and firefighting system must comply with the prescribed requirements.

2. The person directly managing technical operations and operating must have a bachelor's degree or higher in electrical engineering and at least five years of work experience in the field of electricity distribution. The person directly operating must be trained in electrical engineering or hold a training certificate issued by a vocational training institution, tested on the operation procedures, and safety regulations as prescribed by law, except in cases stipulated in Clause 3 of this Article.

3. Organizations and individuals operating electricity distribution in rural areas must meet the condition that the person directly managing technical operations and operating must be trained in electrical engineering and have at least three years of work experience with the distribution network. The person directly operating and repairing electricity must be trained in electrical engineering or hold a training certificate issued by a vocational training institution, trained in electrical safety, and obtained an electrical safety card as prescribed by law.

Article 32. Conditions for Issuing a License to Operate Wholesale Electricity Sales

An organization or individual applying to operate wholesale electricity sales, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. The person directly managing wholesale electricity sales must have a bachelor's degree or higher in electrical engineering, economics, finance, or a related field and at least five years of work experience in the field of electricity trading.

2. The technical manager must have a bachelor's degree or higher in electrical engineering and at least three years of work experience with the corresponding voltage level grid.

3. The person directly operating must be trained in electrical engineering or hold a training certificate issued by a vocational training institution, trained in electrical safety as prescribed.

4. Possess an information technology infrastructure suitable for the requirements of the electricity market.

Article 33. Conditions for Issuing Retail Electricity Business License

Organizations and individuals registering to engage in retail electricity business must meet the general conditions stipulated in Article 28 of this Decree and the following specific conditions:

1. The person directly managing the retail electricity business must hold a diploma at the intermediate level or higher in the field of electricity, economics, finance, or a related field, and have at least five years of work experience in the electricity trading and distribution sector.

2. The person directly operating the system must be trained in the field of electricity or hold a certificate issued by a vocational training institution certifying completion of an electrical training course, and must also complete safety training as prescribed.

3. Must have an appropriate information technology infrastructure that meets the requirements of the power market.

Article 34. Conditions for Issuing Import and Export Electricity Business License

Organizations registering to engage in electricity trading with foreign countries must meet the general conditions stipulated in Article 28 of this Decree and the following specific conditions:

1. The plan for electricity trading with foreign countries must be approved according to the provisions of Article 22 of this Decree.

2. The scheme for electricity trading with foreign countries must be reviewed and approved by the Electricity Regulatory Authority.

3. The person directly managing the electricity business must hold a bachelor's degree or higher in the field of electricity, economics, finance, or a related field, and have at least five years of work experience in the electricity trading and distribution sector.

4. The person directly managing technical operations must hold a bachelor's degree or higher in the field of electricity or a related field, and have at least five years of work experience in the distribution and retail electricity sector.

Article 35. Conditions for Issuing National Power Development Planning Advisory Services License

Organizations registering to engage in national power development planning advisory services must meet the general conditions stipulated in Article 28 of this Decree and the following specific conditions:

1. Be a specialized consulting organization with expertise in primary energy resource planning, demand forecasting, market consumption research and analysis, optimal system planning calculations and analyses, system operation technical analysis, project economic and financial assessment.

2. Have a team of consultants including lead consultants and other consultants with experience in various types of power plants, power systems, economic and financial matters, and environmental issues.

3. The lead consultant must hold a bachelor's degree or higher in the field of electricity, energy economics, economics, finance, or a related field, have at least five years of work experience in planning advisory services, and have participated in drafting at least one national power development plan.

4. Lead consultants responsible for leading advisory projects must, in addition to the conditions specified in Clause 3 of this Article, have experience as project leader or principal planner in at least one provincial or centrally-administered city power development plan.

5. The number of lead consultants in each specific field of expertise shall be as follows:

a) For load demand forecasting: At least five consultants, including at least one lead consultant;

b) For optimal development of power sources and grid calculation and analysis: At least eight consultants, including at least one lead consultant;

c) For economic and financial investment: At least five consultants, including at least one lead consultant;

d) For technology and environment: At least two consultants, including at least one lead consultant.

6. Must have necessary equipment, technical means, and software applications to meet the requirements for drafting the national power development plan.

Article 36. Conditions for Issuing Consultancy Permit for Provincial Power Development Planning

Organizations registering to engage in consultancy services for provincial power development planning, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. Be a specialized consultancy organization with professional capacity in power grid planning, load research and forecasting, optimal analysis of transmission and distribution networks, and economic-financial project analysis.

2. Have a team of consultants including lead consultants and other consultants experienced in load forecasting, grid structure and operation modes, and economic-financial project analysis.

3. The lead consultant must hold a bachelor's degree or higher in electrical engineering, energy economics, economics, finance, or a related field, have at least five years of work experience in consultancy planning, and have participated in drafting at least one provincial power development plan.

4. Lead consultants responsible for leading consultancy tasks, in addition to the conditions specified in Clause 3 of this Article, must also have experience in drafting at least three provincial power development plans.

5. The number of lead consultants in specific professional fields shall be as follows:

a) In load forecasting: At least three consultants, including at least one lead consultant;

b) In optimal system calculation and technology analysis: At least five consultants, including at least one lead consultant;

c) In economic-financial and investment analysis: At least two consultants, including at least one lead consultant.

6. Possess technical equipment, tools, and software applications necessary to meet the requirements for drafting provincial power development plans.

Article 37. Conditions for Issuing Consultancy Permit for Hydroelectric Power Planning

Organizations registering to engage in consultancy services for hydroelectric power planning, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. Be a specialized consultancy organization with professional capacity in hydrotechnical works, hydrology, hydropower, geotechnical engineering, hydroelectric construction, and other relevant fields for hydroelectric power planning.

2. Have a team of consultants including lead consultants and other consultants experienced in hydrology, hydrotechnical works, geotechnical engineering, hydroelectric power, and hydroelectric construction.

3. The lead consultant must hold a bachelor's degree or higher in electrical engineering, hydroelectric power, or a related field, and have at least five years of work experience in consultancy planning, and have participated in drafting at least one hydroelectric power plan.

4. The number of lead consultants in specific professional fields shall be as follows:

a) In hydropower, hydrology: At least two consultants;

b) In energy economics: At least two consultants;

c) In hydraulic engineering: At least three consultants;

d) In geology and geotechnical engineering: At least two consultants;

đ) In structural engineering: At least one consultant;

e) In construction management: At least one consultant.

5. Possess technical equipment, tools, and software applications necessary for hydroelectric power planning.

Article 38. Classification by scale for investment consulting and construction supervision projects in the field of power engineering

1. Conditions for operating in the field of investment consulting and construction supervision for power engineering projects shall only apply to project components directly related to the electrical specialty, while construction project components shall be governed by laws on construction.

2. Classification table by scale for power generation and transmission projects for investment consulting and construction supervision projects in the field of power engineering:

Depending on their professional capacity level, organizations engaged in investment consulting and construction supervision for power engineering projects may register one or more activities: Investment project preparation, basic design, technical design, construction technical design, bidding for hydroelectric power plant, thermal power plant, transmission lines, and transformer station projects.

3. For renewable energy power plants using water, wind, and solar power principles, they are classified and subject to conditions for obtaining permits for investment consulting and construction supervision for power engineering projects similar to hydroelectric power plant projects.

4. For renewable energy power plants converting thermal energy into electricity, they are classified and subject to conditions for obtaining permits for investment consulting and construction supervision for power engineering projects similar to thermal power plant projects.

Article 39. Conditions for issuing permits for investment consulting and construction supervision for hydroelectric power plant projects

Organizations registering to engage in investment consulting and construction supervision for hydroelectric power plant projects, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. They must be specialized consulting organizations with professional expertise in hydroelectric power plant technology and projects, technical and economic-financial analysis of projects, and environmental impact assessment.

2. They must have a team of consultants including lead consultants and other consultants with experience in hydromechanical equipment, electrical equipment, water treatment, automatic control, hydraulics, hydrology, hydropower, meteorology and hydrology, geotechnical engineering, geological engineering, structural engineering, organization of hydroelectric power plant construction projects, and related fields.

3. The lead consultant must hold a bachelor's degree or higher in electrical engineering, hydropower, irrigation, geology, environment, economics, finance, or a related field, have at least five years of experience in consulting, and have participated in designing at least one hydroelectric power plant project of equivalent capacity, and possess a valid construction practice certificate.

4. Lead consultants serving as principal consultants in addition to the conditions specified in Clause 3 of this Article must also have experience as project leaders, leading the design of hydroelectric power plant projects of equivalent capacity, or having participated in designing at least three hydroelectric power plant projects of equivalent capacity.

5. They must have necessary technical equipment, tools, and software applications for investment consulting and construction supervision of hydroelectric power plant projects.

6. The number of main consulting experts according to the class of hydropower projects is as follows:

Class 1: Having 25 consultants or more, including at least one principal consultant;

Class 2: Having 20 consultants or more, including at least one principal consultant;

Class 3: Having 15 consultants or more, including at least one principal consultant;

Class 4: Having 10 consultants or more, including at least one principal consultant.

Article 40. Conditions for Issuing Investment Consulting Permit for Construction of Thermal Power Plant Projects

Organizations registering to engage in investment consulting activities for construction of thermal power plant projects, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. Be a specialized consulting organization with professional capacity in technology and thermal power plant projects, technical analysis, economic-financial project analysis, and environmental impact assessment.

2. Have a team of consultants including lead consultants and other consultants with experience in boiler, turbine, generator, electrical equipment, automatic control, geotechnical engineering, geo-technical, chemical, structural, construction organization of thermal power plants, and related fields to various types of thermal power plants.

3. The lead consultant must have a bachelor's degree or higher in electrical engineering, thermal power engineering, geology, economics, environment, finance, or a similar field, with at least five years of work experience in consulting, having participated in designing at least one thermal power plant project of equivalent capacity, and holding a valid construction practice certificate.

4. Lead consultants performing the role of principal consultant, in addition to the conditions stipulated in Clause 3 of this Article, must also have experience as project leader, leading design of thermal power plant projects of equivalent capacity, or having participated in designing at least three thermal power plant projects of equivalent capacity.

5. Possess necessary technical equipment, means, and software applications for investment consulting on construction of thermal power plant projects.

6. The number of main consulting experts according to the class of thermal power projects is as follows:

Class 1: Having 20 or more consultants, including at least one principal consultant;

Class 2: Having 10 or more consultants, including at least one principal consultant.

Article 41. Conditions for Issuing Investment Consulting Permit for Construction of Transmission Lines and Substations

Organizations registering to engage in investment consulting activities for construction of transmission lines and substations, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. Be a specialized consulting organization with professional capacity in design of transmission lines and substations, protection relays, automatic control, environmental impact assessment, and economic-financial project analysis for transmission lines and substations with appropriate voltage levels.

2. Have a team of consultants including lead consultants and other consultants with experience in transmission line mechanics, electrical equipment, automatic control, relay protection, project finance, geology, construction, and construction organization of transmission lines and substations.

3. The lead consultant must have a bachelor's degree or higher in electrical engineering, power systems, electrical engineering technology, electrical equipment, automation, environment, economics, finance, or a similar field, with at least five years of work experience in consulting, having participated in implementing at least one transmission line and substation project of equivalent voltage level, and holding a valid construction practice certificate.

4. Lead consultants performing the role of principal consultant, in addition to the conditions stipulated in Clause 3 of this Article, must also have experience as project leader, leading implementation of transmission line and substation projects of equivalent voltage level, or having participated in designing at least three transmission line and substation projects of equivalent voltage level.

5. Possess necessary technical equipment, means, and software applications for investment consulting on construction of transmission lines and substations.

6. The number of main consulting experts according to the class of transmission line and substation projects is as follows:

Class 1: Having 20 or more consultants, including at least one principal consultant;

Class 2: Having 15 or more consultants, including at least one principal consultant;

Class 3: Having 10 or more consultants, including at least one principal consultant;

Class 4: Having 5 or more consultants, including at least one principal consultant.

Article 42. Conditions for Issuing a Permit for Consulting Supervision of Construction of Hydroelectric Power Plant Projects

An organization registering to engage in consulting supervision of construction of hydroelectric power plant projects, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. It must be a specialized consulting organization with professional expertise in technology and hydroelectric power plant projects.

2. It must have a team of consultants including the lead consultant and other consultants with experience in hydraulic structures, electrical equipment, water treatment, automatic control, hydraulics, hydrology, hydropower, geotechnical engineering, hydroelectric construction, and related fields of hydroelectric power plants.

3. The lead consultant must hold a bachelor's degree or higher in electrical engineering, economics, finance, or a similar field, have at least five years of work experience in consulting, have participated in supervising the construction of at least one hydroelectric power plant project of equivalent capacity, and possess a certificate for practicing construction project supervision in the field of hydropower.

4. The lead consultant performing the role of the main consultant, in addition to the conditions stipulated in Clause 3 of this Article, must also have experience leading the supervision of construction of at least one hydroelectric power plant project of equivalent capacity or having participated in supervising the construction of at least three hydroelectric power plant projects of equivalent capacity.

5. It must have necessary technical equipment and means for supervising the construction of hydroelectric power plant projects.

6. The number of main consulting experts according to the class of hydropower projects is as follows:

Class 1: Having 20 or more consultants, including at least one principal consultant;

Class 2: Having 17 consultants or more, including at least one main consultant;

Class 3: Having 12 consultants or more, including at least one main consultant;

Class 4: Having 8 consultants or more, including at least one main consultant.

Article 43. Conditions for Issuing a Permit for Consulting Supervision of Construction of Thermal Power Plant Projects

An organization registering to engage in consulting supervision of construction of thermal power plant projects, in addition to the general conditions stipulated in Article 28 of this Decree, must meet the following conditions:

1. It must be a specialized consulting organization with professional expertise in technology and thermal power plant projects.

2. It must have a team of consultants including the lead consultant and other consultants with experience in boiler, turbine, generator, electrical equipment, automatic control, geotechnical engineering, thermal power construction, and related fields of thermal power plants.

3. The lead consultant must hold a bachelor's degree or higher in electrical engineering, geology, economics, finance, or a similar field, have at least five years of work experience in consulting, have participated in supervising the construction of at least one thermal power plant project of equivalent capacity, and possess a certificate for practicing construction project supervision in the field of thermal power.

4. The lead consultant performing the role of the main consultant, in addition to the conditions stipulated in Clause 3 of this Article, must also have experience leading the supervision of construction of at least one thermal power plant project of equivalent capacity or having participated in supervising the construction of at least three thermal power plant projects of equivalent capacity.

5. It must have necessary technical equipment, means, and software applications for supervising the construction of thermal power plant projects.

6. The number of main consulting experts according to the class of thermal power projects is as follows:

a) Class 1: Having 20 consultants or more, including at least one main consultant;

b) Class 2: Having 15 consultants or more, including at least one main consultant.

Article 44. Conditions for Issuing a Permit for Consulting and Supervising Construction of Power Transmission Lines and Substations

Organizations registering to engage in consulting and supervising construction of power transmission lines and substations must meet the following conditions in addition to the general conditions stipulated in Article 28 of this Decree:

1. They must be specialized consulting organizations with professional expertise in technology and power transmission lines and substations.

2. They must have a team of consultants including lead consultants and other consultants with experience in overhead line mechanics, electrical equipment, automatic control, relay protection, and construction organization.

3. The lead consultant must hold a bachelor's degree or higher in electrical engineering, automation, economics, finance, or a related field, have at least five years of work experience in consulting, have participated in supervising the construction of at least one power transmission line and substation project with equivalent voltage levels, and possess a certificate for supervising the construction of power transmission line and substation projects.

4. In addition to the conditions specified in Clause 3 of this Article, the lead consultant who serves as the main consultant must also have experience leading the supervision of construction of power transmission line and substation projects with equivalent voltage levels or participating in the supervision of construction of at least three such projects with equivalent voltage levels.

5. They must have technical equipment, tools, and software applications necessary for consulting and supervising the construction of power transmission lines and substations.

6. The number of main consulting experts according to the class of transmission line and substation projects is as follows:

Class 1: Having 20 or more consultants, including at least one principal consultant;

Class 2: Having 15 or more consultants, including at least one principal consultant;

Class 3: Having 10 or more consultants, including at least one principal consultant;

Class 4: Having 5 or more consultants, including at least one principal consultant.

Article 45. Amending and Supplementing the Electricity Business Permit

The electricity business permit may be amended or supplemented in the following cases:

1. At the request of the organization or individual holding the permit when there is a change in one of the contents prescribed in the electricity business permit.

2. When deemed necessary for the purpose of protecting economic and social interests and public welfare, the issuing authority has the right to amend or supplement the electricity business permit concerning transmission and distribution of electricity. Such amendments or supplements must be commensurate with the capabilities of the entity holding the permit.

Article 46. Revocation of Electricity Business Permit

1. An organization or individual holding an electricity business permit shall have their permit revoked in the cases stipulated in Article 37 of the Electricity Law.

2. Upon revoking the electricity business permit, the competent authority shall be responsible for clearly defining the period during which the power company must continue operations to avoid affecting electricity supply to customers.

3. Within ninety days from the date of revocation of the permit, the power company has the right to appeal the revocation decision to the competent state authority.

Article 47. Fees and Examination Fees for Issuing an Electricity Business Permit

1. Organizations and individuals holding an electricity business permit are responsible for:

a) Paying the fee for issuing the electricity business permit;

b) Paying the examination fee for issuing the electricity business permit.

2. The Ministry of Finance shall provide detailed guidance on the collection, payment, management, and use of fees and examination fees for issuing the electricity business permit as stipulated in Clause 1 of this Article.

Article 48. Regulation of Electricity Activities

1. The content of regulating electricity activities shall be implemented in accordance with the provisions of Clause 1, Article 66 of the Electricity Law and Clause 23, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Electricity Law.

2. The Electricity Regulatory Agency is the agency assisting the Minister of Industry and Trade to implement the contents of electricity regulation. The Minister of Industry and Trade shall submit to the Prime Minister for detailed regulations on the organization, functions, tasks, and powers of the Electricity Regulatory Agency.

Article 49. Inspection of Electricity Activities and Electricity Usage

1. The Ministry of Industry and Trade shall be responsible for stipulating the content, authority, procedures, and formalities for inspection, dispute resolution in electricity activities and electricity usage.

2. The Electricity Regulatory Agency and the People's Committee of the province shall be responsible for organizing inspections, supervision, and handling violations within their authority regarding electricity activities and electricity usage. The People's Committee of the province shall be responsible for ensuring sufficient human resources to carry out inspections of electricity activities and electricity usage at the local level.

3. Electricity units shall be responsible for inspecting the implementation of legal provisions on electricity usage, protection of power facility safety, and power grid.

Article 50. Effective Date

1. This Decree takes effect from December 10, 2013.

2. Decree No. 105/2005/NĐ-CP dated August 17, 2005 of the Government detailing the implementation of certain provisions of the Electricity Law ceases to be effective from the date this Decree takes effect.

Article 51. Responsibility for Implementation

1. The Minister of Industry and Trade shall guide the implementation of Articles and Clauses assigned in the Electricity Law, the Ordinance Amending and Supplementing Certain Provisions of the Electricity Law, and this Decree; provide guidance on other necessary contents of this Decree to meet the requirements of state management.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-run city People's Committees, and related organizations and individuals shall be responsible for implementing this Decree./.