Decision No. 153/2008/QD-TTg stipulates the functions, tasks, powers, and organizational structure of the Electricity Regulatory Agency under the Ministry of Industry and Trade.

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the Electricity Regulatory Authority under the Ministry of Industry and Trade

_________________________

PRIME MINISTER

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

Pursuant to the Electricity Law dated December 3, 2004;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 189/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Considering the proposal of the Minister of Industry and Trade,

Pursuant to …;

Article 1. Position and Functions

1. The Electricity Regulatory Authority is an agency directly under the Ministry of Industry and Trade, performing the function of advising the Minister of Industry and Trade on state management of electricity regulation activities; organizing the implementation of electricity regulation tasks aimed at providing safe, stable, quality power supply, promoting efficient and economical power consumption, and ensuring fairness, transparency, and compliance with the provisions of the law.

2. The Electricity Regulatory Authority has legal personality, its seal bearing the National Emblem, and a separate account; its operating funds are provided from the state budget and from fees and charges for electricity activities; its main office is located in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Electricity Regulatory Authority performs the following tasks and powers:

1. Submitting to the Minister of Industry and Trade for submission to the Government and the Prime Minister for approval or issuance:

a. Regulations on the formulation, procedures, and formalities for setting retail electricity prices;

b. Retail electricity price lists;

c. Regulations on violations and forms of handling violations of laws on electricity activities.

2. Submitting to the Minister of Industry and Trade for approval or issuance:

a. Regulations on conditions, procedures, and formalities for issuing, amending, supplementing, revoking, and managing Electricity Business Licenses;

b. Regulations on procedures and formalities for formulating, reviewing, and approving minimum cost plans and their implementation procedures;

c. Regulations on conditions, procedures, and formalities for suspending power supply, cutting off power, or reducing power consumption levels;

d. Proposals for designing electricity market structures at various levels;

đ. Regulations on electricity market activities, including: regulations on electricity market operation; regulations on transmission grids; regulations on distribution grids; regulations on electricity metering; regulations on applying standard power purchase contracts;

e. Regulations on methods for formulating, procedures, and formalities for reviewing and issuing various types of prices and fees in electricity activities as prescribed by law;

g. Regulations on inspecting electricity activities and power usage, resolving disputes over power purchase contracts.

3. Assisting the Minister of Industry and Trade in directing, inspecting, supervising, evaluating, and being responsible for organizing the implementation of regulatory legal documents, policies, plans, projects, programs, and regulations on electricity regulation after they have been approved.

4. Issuing according to its authority professional guidance documents on electricity regulation; individual documents; internal regulatory documents in accordance with the provisions of the law.

5. Implementing tasks related to regulating electricity activities and electricity markets, including:

a. Reviewing provincial and centrally-administered city power development master plans;

b. Announcing the list of power source and transmission grid investment projects that need to be developed annually as stipulated and approved; monitoring the implementation of investment plans for power sources, transmission grids, and distribution grids according to the approved power development master plan;

c. Issuing, amending, supplementing, and revoking Electricity Business Licenses;

d. Setting various types of prices and fees for electricity activities, including: generation price range, wholesale electricity price range; transmission electricity price; distribution electricity price; market participation fee; trading fee; system dispatch fee; fees for ancillary services and other fees;

đ. Approving bilateral Power Purchase Agreements (PPAs) with fixed terms submitted by power generation and purchasing units;

e. Inspecting and supervising the situation of power supply and system operation to ensure balance between supply and demand;

g. Proposing solutions to encourage or restrict investment in power sources and grids to ensure long-term supply-demand balance and stable, safe, reliable system operation with reasonable reserve capacity and the lowest production and operation costs;

h. Determining and announcing the ratio of capacity and energy between bilateral Power Purchase Agreements (PPAs) and spot market transactions for power generation units at different stages of the electricity market development;

i. Determining the loading condition of the grid based on the request of power units;

k. Approving financial support mechanisms for projects implementing Demand-Side Management (DSM) and Energy Efficiency (EE) programs;

l. Regulating the operation of the electricity market; recommending competent authorities proposals on mergers or divisions of electricity business units to ensure transparent competition in the electricity market;

m. Inspecting and handling according to its authority violations of laws in the implementation of: electricity market operation regulations; Electricity Business Licenses; bilateral Power Purchase Agreements (PPAs); electricity price lists and various fees; approved DSM and EE programs; other regulations of the law on electricity activities and the electricity market;

6. Participating in building the national power development master plan; developing restructuring programs and electricity market models at various levels suitable for the formation and development process of the Vietnamese electricity market and submitting them to the Minister of Industry and Trade for submission to the Prime Minister for approval.

7. International cooperation in the field of electricity regulation and electricity market development, activities related to regional grid interconnection and electricity market development in the Greater Mekong Subregion (GMS) and ASEAN countries.

8. Researching and applying scientific and technological advances in electricity regulation activities.

9. Organizing training and developing human resources to meet the requirements of electricity regulation activities and market operations at various stages of electricity market development.

10. Prepare an annual report on the summary and evaluation of the operation of electricity market regulation and operation in accordance with the regulations.

11. Utilize the state budget allocated, fees and charges for licensing, metering, and regulating electricity, and other fees as prescribed by law.

12. Request organizations and individuals related to provide necessary information and documents for the performance of assigned tasks; be permitted to use domestic and foreign consultancy services when necessary in accordance with the provisions of law.

13. Implement administrative reform in the field of electricity market regulation according to the Ministry of Industry and Trade's administrative reform plan.

14. Manage organizational structure, staffing, officials, civil servants, employees, finance, and assets assigned in accordance with the laws and delegation from the Ministry of Industry and Trade.

15. Perform other tasks and powers delegated by the Minister of Industry and Trade and as prescribed by law.

Article 3. Organizational Structure

1. Office.

2. Legal Affairs Department.

3. Electricity Tariff and Fee Department.

4. Electricity Market Department.

5. Planning and Supply-Demand Balance Management Department.

6. Public Relations and Licensing Department.

7. Information Technology Department.

8. Central Electricity Regulation Agency in Central Region.

9. Central Electricity Regulation Agency in Southern Region.

10. Research and Development Center for Electricity Market and Training.

Article 4. Leadership

1. The Electricity Regulatory Authority shall have a Director and not more than three Deputy Directors.

2. The Director and Deputy Directors shall be appointed, relieved, or dismissed by the Minister of Industry and Trade in accordance with the provisions of law.

3. The Director of the Electricity Regulatory Authority shall define the functions, tasks, powers, and organizational structure of subordinate units according to the management delegation of the Minister of Industry and Trade.

4. The Director of the Electricity Regulatory Authority shall be responsible before the Minister and the law for all activities of the Authority; Deputy Directors shall be responsible before the Director and the law for the areas of work assigned to them.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect fifteen days after its publication in the Official Gazette and shall replace Decision No. 258/2005/QĐ-TTg dated October 19, 2005, of the Prime Minister regarding the establishment and definition of functions, tasks, powers, and organizational structure of the Electricity Regulatory Authority under the Ministry of Industry.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government, Directors of the Electricity Regulatory Authority under the Ministry of Industry and Trade, relevant agencies, organizations, and individuals shall be responsible for implementing this Decision./.