Circular No. 15/2019/TT-BCT amends Clause 1 and Clause 4 of Article 12 of Circular No. 36/2018/TT-BCT, providing for the procedures for issuing and revoking power business licenses. This Circular applies to power units that violate Article 37 of the Electricity Law.
Scope of application
Power unit
Key points
- Power unit → shall have its license revoked if it violates Article 37 of the Electricity Law (Clause 1 of Article 12)
- In cases where the decision-making authority for penalties is also the licensing authority, it shall issue the decision to revoke the license simultaneously with the penalty decision (Clause 4a of Article 12)
- In cases where the decision-making authority for penalties is not the licensing authority, the penalty authority must notify the licensing authority to issue a decision to revoke the license (Clause 4b of Article 12)
- If the license is not revoked, the licensing authority must respond in writing, stating the reasons to the decision-making authority for penalties (Clause 4 of Article 12)
- This Circular takes effect from October 15, 2019 (Article 2)
🌐 Social impact of this document
- Positive impact: Reduces legal risks for power units, strengthens discipline in electricity business operations
- Negative impact: Power units may face difficulties if their license is revoked due to violations
❓ Frequently asked questions
What conditions lead to the revocation of a power unit's license?
A power unit's license shall be revoked if it violates Article 37 of the Electricity Law (Clause 1 of Article 12).
If the decision-making authority for penalties is also the licensing authority, what will they do?
They will issue a decision to revoke the license simultaneously with the penalty decision (Clause 4a of Article 12).
If the decision-making authority for penalties is not the licensing authority, what must they do?
They must notify the licensing authority in writing to issue a decision to revoke the license (Clause 4b of Article 12).
If the license is not revoked, what must the licensing authority do?
The licensing authority must respond in writing, stating the reasons to the decision-making authority for penalties (Clause 4 of Article 12).
When does this Circular take effect?
This Circular takes effect from October 15, 2019 (Article 2).
Full text
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MINISTRY OF INDUSTRY AND TRADE
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SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
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Number: 15/2019/TT-BCT |
Hanoi, August 26, 2019 |
CIRCULAR
Amending Clause 1 and Clause 4 of Article 12 of Circular No. 36/2018/TT-BCT dated October 16, 2018, issued by the Minister of Industry and Trade on the procedures for issuing and revoking licenses for electricity activities
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;
Pursuant to Decree No. 98/2017/NĐ-CP dated August 18, 2017, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;
Pursuant to Decree No. 137/2013/NĐ-CP dated October 21, 2013 of the Government detailing a number of articles of the Electricity Law and the Law amending and supplementing certain articles of the Electricity Law; Decree No. 08/2018/NĐ-CP dated January 15, 2018 of the Government amending some Decrees related to investment conditions within the scope of management by the Ministry of Industry and Trade;
At the proposal of the Director of the Electricity Regulatory Authority,
The Minister of Industry and Trade issues this Circular to amend Clause 1 and Clause 4 of Article 12 of Circular No. 36/2018/TT-BCT dated October 16, 2018, issued by the Minister of Industry and Trade on the procedures for issuing and revoking licenses for electricity activities,
Article 1. Amending Clause 1 and Clause 4 of Article 12 of Circular No. 36/2018/TT-BCT dated October 16, 2018, issued by the Minister of Industry and Trade on the procedures for issuing and revoking licenses for electricity activities
1. Amending Clause 1 of Article 12 as follows:
"1. An electricity activity license shall be revoked if an electricity unit violates Article 37 of the Electricity Law."
2. Amending Clause 4 of Article 12 as follows:
"4. Procedures for issuing decisions to revoke electricity activity licenses
a) In cases where an electricity unit violates Article 37 of the Electricity Law and the decision-making body imposing penalties is also the licensing authority, the licensing authority shall issue a decision to revoke the electricity activity license simultaneously with the penalty decision;
b) In cases where an electricity unit violates Article 37 of the Electricity Law and the decision-making body imposing penalties is not the licensing authority, the decision-making body imposing penalties must notify in writing so that the licensing authority can issue a decision to revoke the electricity activity license.
If the electricity activity license is not revoked, the licensing authority shall provide a written response (specifying the reasons) to the decision-making body imposing penalties."
Article 2. Effective Date
This Circular takes effect from October 15, 2019
Article 3. Implementation Organization
The Electricity Regulatory Authority is responsible for guiding and organizing the implementation of this Circular. During the implementation process, difficulties and obstacles should be reported to the Ministry of Industry and Trade for consideration and resolution./.
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Place of Receipt:
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THE MINISTER
Tran Tuan Anh |
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