Circular No. 15/2019/TT-BCT amends 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, concerning the procedures for issuing and revoking power business licenses.

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./.