Circular No. 18/2012/TT-BCT on Supervision of Competitive Power Generation Market

CIRCULAR

Provisions for monitoring the competitive power generation market

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Based on Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 44/2011/ND-CP dated June 14, 2011 of the Government amending and supplementing Article 3 of Decree No. 189/2007/ND-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Electricity Law dated December 3, 2004;

Based on Decision No. 26/2006/QD-TTg dated January 26, 2006 of the Prime Minister approving the roadmap, conditions for forming and developing levels of the electricity market in Vietnam;

The Minister of Industry and Trade issues this Circular to provide for the supervision of the competitive power generation market as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides for the activities of supervising the competitive power generation market and the responsibilities of entities participating in the electricity market.

Article 2. Applicability

This Circular applies to the following entities:

1. Power generation units.

2. System operation and electricity market operation units.

3. Single buyer entity.

4. Transmission system operators.

5. Distribution system operators.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Market intervention is defined in Article 55 of Circular No. 18/2010/TT-BCT dated May 10, 2010 of the Ministry of Industry and Trade providing for the operation of the competitive power generation market (hereinafter referred to as Circular No. 18/2010/TT-BCT).

2. a) Rapid start-up ancillary service; includes frequency regulation services, spinning reserve, fast-start reserve, cold reserve, must-run due to system security constraints, voltage regulation, and black start.

3. Electricity market data refers to all input and output data for planning and operating the electricity market and system; post-operation market settlement calculations managed by the System Operation and Market Operator.

4. Single buyer entity is the sole electricity purchaser in the electricity market, with the function of purchasing all electricity through the electricity market and power purchase and sale contracts.

5. Power Generation Unit is an entity owning one or more power plants participating in the electricity market and signing power purchase and sale contracts between these power plants and the Single Buyer Entity.

6. is an electricity unit licensed to operate in the field of distribution and sale of electricity, including: is the State-owned Electricity Corporation licensed to operate in the distribution and retail electricity sectors.

7. Transmission electricity unit is an electricity entity licensed to operate in the transmission sector, responsible for managing and operating the national transmission grid.

8. System Operator and Market Operator is the entity commanding and controlling the process of power generation, transmission, and distribution in the national power system, directing electricity market transactions.

9. Market-based capacity price (CAN) is the price per unit of reactive power for each trading cycle, applied to calculate the capacity payment for power generation units in the electricity market.

10. Full market price (FMP) is the sum of the market electricity price (SMP) and the capacity price (CAN) in one trading cycle.

11. Power Purchase Agreement is the power purchase and sale agreement between the Single Buyer Entity and the power generation unit or electricity import/export entity.

12. Differential power purchase and sale contract is a power purchase and sale contract signed between the Single Buyer Entity and the power generation unit for direct trading on the electricity market according to a model issued by the Ministry of Industry and Trade.

13. Post-operation scheduling is the process of calculating the market electricity price and determining the quantity of capacity payments according to Circular No. 18/2010/TT-BCT.

14. Electricity market regulations refer to the contents regarding the operation of the Electricity Market stipulated in Circular No. 18/2010/TT-BCT and Circular No. 45/2011/TT-BCT dated December 30, 2011 of the Ministry of Industry and Trade amending and supplementing certain articles of Circular No. 18/2010/TT-BCT.

15. Electricity market procedures are specific procedures for operating the electricity market stipulated in Clause 109 of Circular No. 18/2010/TT-BCT and procedures guiding the implementation of Circular No. 12/2010/TT-BCT dated April 15, 2010 of the Ministry of Industry and Trade on the transmission system, and Circular No. 27/2009/TT-BCT dated September 25, 2009 of the Ministry of Industry and Trade on metering in the competitive power generation market.

16. Electricity market participants are entities participating in trading activities or providing services in the electricity market as stipulated in Article 2 of Circular No. 18/2010/TT-BCT.

Chapter II

PRINCIPLES AND SCOPE OF SUPERVISION OF THE ELECTRICITY MARKET

Article 4. Principles for Market Electricity Oversight

The basic principles of market electricity oversight work are stipulated as follows:

1. Hierarchical Market Electricity Oversight

a) The Electricity Regulatory Authority shall be responsible for overseeing all activities of the electricity market;

b) The system operator and electricity market operator shall be responsible for performing certain oversight functions of the electricity market, evaluating the effectiveness of market operations according to this Circular;

c) Other market entities shall be responsible for coordinating with the Electricity Regulatory Authority and the system operator and electricity market operator in market oversight; identifying and reporting to the Electricity Regulatory Authority any issues arising and any actions suspected of violating during market operation.

2. Analyses, Evaluations, Inspections, and Measures Must Be Based on Market Electricity Operation Regulations, System Regulations, and Related Provisions.

3. Market Electricity Oversight Activities Must Be Based on Information, Data, and Market Operation Results, Specifically As Follows:

a) Information, data, and market operation results must be published to market entities according to the information access rights prescribed in the Competitive Power Generation Market Rules and related market operation procedures;

b) During market electricity oversight, the Electricity Regulatory Authority may access all market information and data and request market entities to provide additional information to serve the oversight and inspection of entity activities in the electricity market.

4. Market Oversight Reports and Evaluation and Inspection Results of Market Activities Must Be Published, Ensuring Transparency, Equality, Non-Discrimination Among Market Members, and Compliance With Relevant Legal Provisions.

Article 5. Scope of Market Electricity Oversight

Market electricity oversight focuses on the following contents:

1. Market Operation Results

a) Evaluating and inspecting market outcomes;

b) Conducting investigations, analyses, and further research on market operation results if irregularities are detected.

2. Actions of Direct Trading Power Generators in the Market

a) Assessing compliance with market electricity regulations;

b) Assessing the ability of power generators to submit bids reflecting operational constraints or contractual obligations;

c) Inspecting and assessing cases suspected of abusing monopoly or dominant market positions;

d) Inspecting and assessing cases of unfair competition practices.

3. Actions of the Single Purchasing Entity

a) Assessing compliance with market regulations and procedures;

b) Assessing difficulties and obstacles arising from implementing market regulations;

c) Inspecting and researching difficulties and obstacles reported by the Single Purchasing Entity regarding non-compliance with market regulations or procedures.

4. Market Operation Work of the System Operator and Market Operator

a) Assessing compliance with market regulations and procedures;

b) Assessing difficulties and obstacles arising from implementing market regulations;

c) Inspecting and researching difficulties and obstacles reported by the System Operator and Market Operator regarding non-compliance with market regulations or procedures.

5. Operation Work of the System Operator and Market Operator for Indirectly Trading Power Generators

a) Evaluating and inspecting the operation work of multi-purpose hydropower plants;

b) Evaluating and inspecting the operation work of ancillary service providers;

c) Evaluating and inspecting the operation work of power plants not participating in the market.

6. Contract Volume Allocation Work of the System Operator and Market Operator

a) Evaluating direct market transaction volumes for each power plant;

b) Evaluating the rationality of contract volumes allocated to power plants and the Single Purchasing Entity.

7. Payment

a) Inspecting payments made to power generators;

b) Inspecting cases of payments with additional increase constraints;

c) Inspecting electricity and capacity payments;

d) Inspecting other payment items.

8. Industry Structure and Ownership Structure

a) Assessing the ownership structure in the electricity market;

b) Inspecting market shares of electricity entities.

Chapter III

COMPETITIVE POWER GENERATION MARKET OVERSIGHT

Section 1

REGULAR ELECTRICITY MARKET OVERSIGHT

Article 6. Supervision of Electricity Market Operation Results

1. Contents of supervising electricity market operation results

a) The results of planning the operation of the electricity market for the upcoming year, month, and week, including:

- Ceiling price of the electricity market;

- Capacity price of the market and the results of calculating the best new power plant;

- Market energy price and expected full market price;

- Water value and ceiling bid price of hydropower plants;

- Ceiling bid price of thermal power units;

- Reservoir water level limit of hydropower plants;

- Classification results of base load, mid-peak, and peak load units.

b) The results of scheduling the next day's dispatch, including both constrained and unconstrained scheduling, the results of scheduling the next hour's dispatch and post-operation scheduling, including:

- Market energy price and full market price;

- Edge units;

- Forecasted load;

- Maintenance and repair plans and reasons leading to unavailable capacity;

- Reduction in available capacity due to incidents;

- Reservoir water level limit of hydropower plants;

- Amount of offered capacity compared with announced available capacity considering maintenance schedules and hydropower plant generation limits;

- Order of dispatching generating units;

- Supply curve;

- Bid prices of generating units;

- Arrangement of bid prices of generating units according to each group (by generation technology, by fuel type, by classification of market participants of power plants);

- Fluctuations in market prices according to load demand;

- Dispatch schedule by unit and by fuel type;

- Transmission limits and expected power flow on the 500kV grid;

- List of system security constraints considered when making constrained dispatch schedules;

- Adjustments to input data of the System Operator and electricity market for the next day's dispatch schedule, including adjustments to the generation chart of multi-purpose hydropower plants, changes in bids of units...;

- Changes in bids used for the next day's, hour's dispatch schedules and post-operation scheduling.

2. Abnormal issues in electricity market operations based on monitoring results of electricity market operations, specifically as follows:

a) Large fluctuations in market energy prices, loads, unit bids, and offered capacity during trading cycles compared to subsequent trading cycles;

b) Significant differences in the next day's, hour's dispatch schedules and post-operation scheduling, including:

- Unit dispatch schedule compared to actual generation capacity;

- Forecasted load compared to actual load;

- Offered capacity of units;

- Expected market energy price compared to actual market energy price;

- Order of dispatching generating units, bidding behavior of power generation units during trading cycles compared to subsequent trading cycles;

- Sudden increase in market energy prices, and trading cycles with excessively high market energy prices;

- Operational indicators and parameters specified in Appendix 1 of this Circular.

Article 7. Supervision of Market Participants' Behavior

Contents of supervising the behavior of market participant units when engaging in activities on the electricity market include:

1. Bidding behavior of direct trading power generation units

a) For thermal power plants:

- Comparing offered capacity with installed capacity and available capacity;

- Comparing offered capacity with the lowest stable generation capacity to assess the management of minimum capacity constraints during bid preparation;

- Comparing scheduled capacity with bid capacity;

- Comparing scheduled capacity with actual dispatched capacity.

b) For hydropower plants:

- Comparing offered capacity with available capacity considering generation limits;

- Comparing bid price with ceiling bid price;

- Comparing scheduled capacity with bid capacity;

- Comparing scheduled capacity with actual dispatched capacity.

c) Reviewing the maintenance and repair plans of direct trading power generation units and reasons for stopping or reducing generation capacity;

d) Reviewing mandatory shutdown cases of direct trading power generation units and reasons.

2. Participation behavior in the electricity market of the System Operator and Electricity Market Operator

a) Operating multi-purpose hydropower plants:

- Evaluating and comparing the dispatch charts of multi-purpose hydropower plants according to the results of planning the upcoming month's, week's operation, next day's, hour's dispatch schedules, and actual dispatch charts;

- Evaluating the reasons for the System Operator and Electricity Market Operator adjusting the dispatch charts of multi-purpose hydropower plants in the next hour's dispatch schedule and comparing them with adjustment limits stipulated in the Electricity Market Regulations;

- Comparing the expected dispatch chart with actual dispatch levels and determining reasons if there are significant discrepancies.

b) Operating service provision units:

- Assessing the separate capacity allocated for providing ancillary services;

- Considering and evaluating situations where the System Operator and Electricity Market Operator need to dispatch units to provide ancillary services and accompanying reasons.

c) Operating some indirect trading power generation units:

- The principle of operating these units is to fix the generation chart during the dispatch scheduling process;

- Checking the bid prices of indirect trading power generation units offered by the System Operator and Electricity Market Operator based on contract prices.

3. Participation behavior in the electricity market of the Single Wholesale Purchaser

a) Evaluating the publication of import and export electricity charts for the System Operator and Electricity Market Operator;

b) Evaluating the bidding behavior on behalf of BOT power plants;

c) Evaluating the bidding behavior on behalf of power plants temporarily suspended from bidding and the provision of necessary information from these power plants to the Single Wholesale Purchaser to carry out proxy bidding.

Article 8. Supervision and Evaluation of Contracted Capacity Allocation Results

The contents of supervision and evaluation of contracted capacity allocation results include:

1. Evaluating the results of determining annual contracted capacity and allocating contracted capacity to each month and hour, carried out by the System Operator and Electricity Market for each power plant.

2. Comparing and cross-referencing the calculation results of contracted capacity allocation with the electricity generation volume payment ratio stipulated by the Electricity Regulatory Authority according to the Electricity Market Regulations.

3. Evaluating the electricity purchase volume on the spot market in each trading cycle by the sole bulk buyer.

4. Evaluating the transaction volume on the spot market of power generation units in each trading cycle.

5. The evaluation indicators for contracted capacity and transaction volume through the spot market are specified in Appendix 1 of this Circular.

Article 9. Supervision and Evaluation of Settlement Calculation Results

The contents of supervision and evaluation of settlement calculation results include:

1. Reviewing and evaluating some settlement calculation results to assess compliance with regulations on settlement calculations in the Competitive Power Generation Market Regulations.

2. Examining and evaluating cases where power generation units increase or decrease their capacity due to system security constraints and reasons leading to such situations.

3. Evaluating transaction payment levels, including: energy payments, capacity payments, and payments for ancillary services.

4. Evaluating the revenue of typical power plants for each group of base load, intermediate load, and peak load power plants by comparing the revenue of these typical plants with the expected revenue calculated based on standards aimed at the following objectives:

a) Assessing the ability of power plants to recover capital on the market;

b) Assessing the application of the capacity payment mechanism.

5. Examining and evaluating cases where power generation units bid higher than the market price ceiling.

6. Examining and evaluating cases where power generation units deviate from dispatch orders and reasons leading to such situations.

Article 10. Responsibilities of the System Operator and Electricity Market in Monitoring Electricity Market Operations

The System Operator and Electricity Market have the responsibility to monitor the real-time operations of the electricity market, including:

1. Real-time monitoring of electricity market operations

a) The System Operator and Electricity Market are responsible for monitoring the compliance of market members' units with regulations during daily market operations. The monitoring content includes:

- Submission of bidding sheets by power generation units: adhering to time schedules, bidding form templates, and related regulations;

- Operation of power generation units of power generation units according to dispatch orders from the System Operator and Electricity Market;

- Provision of ancillary services as required by the System Operator and Electricity Market;

- Providing complete and accurate technical information of power generation units to the System Operator and Electricity Market for system operation and market purposes;

- Other market and system operations as prescribed.

b) During daily market and system operations, if violations that affect real-time system security are detected, the System Operator and Electricity Market must take the following actions:

- Implement necessary measures to ensure system security during real-time operations according to relevant regulations and procedures;

- Issue warnings to units with violation signs;

- Report to the Electricity Regulatory Authority about the violation signs of market member units and the intervention measures taken by the System Operator and Electricity Market.

2. Market Intervention

Market intervention involves changing the normal operating mode of the electricity market, specifically as follows:

a) During daily operations, the System Operator and Electricity Market are responsible for monitoring market and system operations, promptly identifying abnormal situations and incidents affecting system security during market and system operations;

b) In case of abnormal situations and incidents affecting system security, the System Operator and Electricity Market will implement market intervention measures when necessary, in accordance with the Electricity Market Regulations;

c) The System Operator and Electricity Market are responsible for announcing market intervention measures on the Electricity Market's website and reporting to the Electricity Regulatory Authority.

3. Proposal to Temporarily Suspend Electricity Market Operations

a) In case of abnormal situations or incidents during system and market operations that may require temporarily suspending market operations, the System Operator and Electricity Market must report to the Electricity Regulatory Authority relevant information, including:

- Detailed description of the abnormal situation or incident;

- Analysis and assessment of the impact of the abnormal situation or incident on market operations;

- Solutions and measures to address the abnormal situation and resolve the incident to resume market operations;

- Proposal to suspend market operations and the estimated suspension duration.

b) Based on the report from the System Operator and Electricity Market, the Electricity Regulatory Authority is responsible for reviewing the report content, conducting necessary checks and verifications to consider suspending market operations in accordance with the Electricity Market Regulations.

Article 11. Responsibilities of the Electricity Market Regulatory Agency in Continuous Market Monitoring

1. The Electricity Market Regulatory Agency shall be responsible for continuously monitoring the operation of the electricity market. Market participants shall be responsible for providing necessary information to facilitate market monitoring and reporting unusual issues to the Electricity Market Regulatory Agency.

2. Procedures for continuous market monitoring:

a) Collecting necessary data and information, including:

- Data on market operations collected from the System Operator, the Electricity Market, and other market participants as stipulated in Chapter IV of this Circular;

- Other necessary information and data regarding unusual cases occurring during market operations reported by market participants.

b) Conducting analysis and evaluation of market operation contents as prescribed in Articles 6, 7, 8, and 9 of this Circular. In case of necessity, conduct in-depth evaluations and analyses to verify unusual issues in market operations or violations by market participants as prescribed in Clause 2, Article 12 of this Circular;

c) Preparing weekly reports on the results of market monitoring according to the form specified in Appendix 2 of this Circular.

Article 12. Handling Results of Continuous Market Monitoring

1. Based on the results of market operation monitoring as prescribed in Article 11 of this Circular, the Electricity Market Regulatory Agency shall conduct in-depth evaluations and verify violations when discovering the following signs:

a) Poor market performance due to limitations from power generation units;

b) Poor market performance due to existing issues and unreasonable provisions in the Electricity Market Regulations and related regulations;

c) Abusive behavior of dominant positions or unfair competition practices by power generation units;

d) Other unusual cases.

2. In case of discovering signs as prescribed in Clause 1 of this Article, the Electricity Market Regulatory Agency shall be responsible for:

a) Collecting additional necessary information for analysis and evaluation from market participants and related entities;

b) Conducting detailed and in-depth analysis and evaluation of issues with unusual signs to verify the nature and cause of the issue and related entities;

c) In case of discovering issues related to compliance and enforcement of the Electricity Market Regulations: conducting evaluations and inspections as prescribed in Section 2 of this Chapter;

d) In case of discovering issues related to competitive behavior of market participants: conducting investigations as prescribed in Section 4 of this Chapter;

e) In case of discovering unusual issues arising during market operations not within the scope of Articles 6, 7, 8, and 9 of this Circular, or without criteria and standards for analysis and evaluation, the Electricity Market Regulatory Agency shall be responsible for:

- Studying and developing methods, indices, and standards for analyzing and evaluating each specific case;

- Conducting detailed and in-depth analysis and evaluation to verify the causes and nature of the issue and related entities.

3. The Electricity Market Regulatory Agency shall be responsible for supervising the implementation of handling measures and assessing the impact and effectiveness of these measures on market operations.

Section 2

EVALUATION AND COMPLIANCE MONITORING OF THE ELECTRICITY MARKET REGULATIONS

Article 13. Contents of Evaluation and Supervision of Compliance with Electricity Market Regulations

The contents of evaluation and supervision of compliance with electricity market regulations include:

1. Evaluation and supervision of compliance with electricity market regulations and related procedures by market participants.

2. Assessment of the completeness and appropriateness of electricity market regulations and related procedures.

3. Identification and assessment of issues and limitations encountered during the implementation of electricity market regulations and related procedures.

Article 14. Procedure for Evaluation and Supervision of Compliance with Electricity Market Regulations

The Electricity Regulatory Authority is responsible for implementing evaluations of compliance by entities according to the following procedure:

1. Collecting input data, including:

a) Annual and monthly reports from the System Operator and Electricity Market Operator assessing the compliance of market participants with market regulations on the following matters:

- Provision and publication of information for electricity market and system operation;

- Bidding behavior of entities;

- Compliance with dispatch orders.

b) Data and figures on electricity market operations;

c) Reports and recommendations sent by market participant entities to the Electricity Regulatory Authority;

d) Other necessary information and data.

2. Conducting inspections of electricity market activities.

3. Requesting independent audits of relevant processes and software serving electricity market operations by the System Operator and Electricity Market Operator when necessary.

4. Preparing and publishing reports on the evaluation and supervision of compliance with electricity market regulations as stipulated in Article 22 of this Circular.

Article 15. Handling Results of Evaluation and Supervision of Compliance with Electricity Market Regulations

Based on the results of supervision of compliance with electricity market regulations, the Electricity Regulatory Authority shall consider and apply appropriate measures, specifically as follows:

1. Reporting and proposing the Minister of Industry and Trade to amend and supplement electricity market regulations to address issues and inadequacies in the implementation of electricity market regulations and related procedures.

2. Amending and supplementing market operation procedures to address issues and inadequacies in the implementation process.

3. In cases where violations of electricity market regulations and related procedures are detected, the Electricity Regulatory Authority shall be responsible for investigating such violations according to the provisions of Article 19 of this Circular.

Section 3

ASSESSMENT OF THE ELECTRICITY INDUSTRY STRUCTURE AND OWNERSHIP

AND MONITORING COMPETITIVE BEHAVIOR

Article 16. Assessment of the Electricity Industry Structure and Ownership

1. The Electricity Regulatory Authority is responsible for monitoring and assessing the electricity industry structure and ownership on an annual, quarterly basis, or whenever there are changes in the industry structure or ownership.

2. The contents of the assessment of the electricity industry structure and ownership include:

a) Assessment of the electricity industry structure at each stage:

- Power generation;

- Power transmission;

- Power distribution;

- Service providers within the electricity market.

b) Assessment of ownership structure in power generation, including:

- Ownership relationships between market participants;

- Installed capacity share by owner;

- Installed capacity share by power generation technology;

- Installed capacity share by geographic region;

3. Procedure for Monitoring and Assessing the Electricity Industry Structure and Ownership

a) Collecting necessary data, including:

- Data on power generation units, including lists of power generation units, information on market participants, and economic and technical information on power plants;

- Other necessary figures reported by market participant entities as required by the Electricity Regulatory Authority.

b) Calculating indices, including:

- Installed capacity and electricity production share by owner;

- Installed capacity and electricity production share by bidding unit;

- Installed capacity and electricity production share by geographic region;

- Installed capacity and electricity production share by power generation technology type.

c) Conducting assessments and analyses:

- Evaluating the current state of the electricity industry structure and ownership;

- Analyzing the impact and influence of the industry structure and ownership on electricity market activities.

d) Preparing and publishing reports on monitoring and assessing the electricity industry structure and ownership as stipulated in Article 22 of this Circular.

Article 17. Supervision of Competitive Behavior

The Electricity Regulatory Authority is responsible for supervising monopolistic, dominant position abuses, or unfair competitive behaviors according to the following procedures:

1. Collecting data, including:

a) Reports on suspected violations sent by market entities to the Electricity Regulatory Authority;

b) Information and operational data of the electricity market;

c) Other necessary data provided by market participants upon request of the Electricity Regulatory Authority.

2. Conducting analysis and evaluation:

a) Evaluating bidding behaviors of entities;

b) Assessing the results of the electricity market operations;

c) Analyzing and reviewing the contents of reports on suspected violations sent by market entities to the Electricity Regulatory Authority;

d) In case of necessity, holding meetings with entities to understand and clarify related issues.

3. Preparing and publishing competition behavior supervision reports as stipulated in Article 22 of this Circular.

Section 4

INVESTIGATION OF VIOLATIONS

Article 18. Cases for Violation Investigation

The Electricity Regulatory Authority shall conduct investigations in the following cases:

1. Discovering suspected violations based on the results of market assessment and supervision as specified in Sections 1, 2, and 3 of this Chapter.

2. Upon request from market entities.

3. At the request of competent authorities.

Article 19. Procedures for Violation Investigation

The investigation procedures are carried out according to the provisions of Circular No. 27/2011/TT-BCT dated July 19, 2011, issued by the Minister of Industry and Trade, detailing the procedures and processes for investigating and penalizing violations in the electricity sector.

Article 20. Measures for Handling Violations

The measures for handling violations are those imposed by the Electricity Regulatory Authority (or competent authority) against market entities that violate laws and regulations governing the electricity market, as stipulated in Decree No. 68/2010/NĐ-CP dated June 15, 2010, issued by the Government, regarding penalties for violations of laws in the electricity sector and market regulations, including:

1. Warning and requiring explanations.

2. Suspending market entity membership according to Circular No. 18/2010/TT-BCT.

3. Penalties for violators as prescribed in Decree No. 68/2010/NĐ-CP dated June 15, 2010, issued by the Government, concerning penalties for violations of laws in the electricity sector.

Section 5

REPORTING SYSTEM FOR ELECTRICITY MARKET SUPERVISION

Article 21. Reporting System of Entities Operating the Power System and Market

Entities operating the power system and market are responsible for:

1. Preparing and publishing daily, weekly, monthly, and annual reports on the operation results of the electricity market as stipulated in Article 95 of Circular 18/2010/TT-BCT.

2. Preparing and submitting to the Electricity Regulatory Authority the following reports:

a) Monthly and annual market operation reports and market intervention reports as stipulated in Article 96 of Circular 18/2010/TT-BCT;

b) Reports on market supervision results as stipulated in Article 10 of this Circular;

c) Reports on other contents as required by the Electricity Regulatory Authority.

Article 22. Reporting Responsibility of the Electricity Market Regulatory Agency

1. The Electricity Market Regulatory Agency shall be responsible for establishing and publishing monthly periodic market monitoring reports for power generation according to the form prescribed in Appendix 3 of this Circular.

2. The Electricity Market Regulatory Agency shall be responsible for establishing and publishing annual periodic market monitoring reports for power generation according to the form prescribed in Appendix 4 of this Circular.

Chapter IV

DATA FOR ELECTRICITY MARKET SUPERVISION

Article 23. Responsibility for Providing Data

1. System operators and electricity market operators shall be responsible for providing the Electricity Market Regulatory Agency with information and data on electricity market operations, including:

a) Figures and results of calculations for planning annual, monthly, and weekly electricity market operations;

b) Figures and results of next-day, next-hour, real-time electricity market operations and settlement calculations;

c) Other necessary information and figures as required by the Electricity Market Regulatory Agency for electricity market supervision.

2. Other market participants shall be responsible for providing information and data related to their activities in the competitive power generation market as required by the Electricity Market Regulatory Agency for electricity market supervision.

Article 24. Methods of Providing Data

1. System operators and electricity market operators shall be responsible for providing information to the Electricity Market Regulatory Agency through the following methods:

a) Automatic online synchronization between the electricity market database at the system operator and electricity market operator and the market supervision database at the Electricity Market Regulatory Agency. The minimum frequency of database synchronization is once daily. The list of information and market data to be synchronized is specified by the Electricity Market Regulatory Agency.

b) In cases where the method of providing data as stipulated in point a of this Clause cannot be applied, the system operator and electricity market operator shall establish and send market data files according to the format, form, and schedule prescribed by the Electricity Market Regulatory Agency.

2. Other electricity market participants shall provide information and data in the form of text or data files according to the form requested by the Electricity Market Regulatory Agency.

Article 25. Ensuring Data Quality

1. System operators and electricity market operators shall be responsible for ensuring the quality of data provided to the Electricity Market Regulatory Agency, including daily and weekly reports and the content of the electricity market database.

2. Other market participants shall be responsible for ensuring the quality of data provided to the Electricity Market Regulatory Agency for investigation purposes and shall have confirmation from the data-providing entity that the data is accurate.

3. Data quality is considered ensured when:

a) There is no lack or error that ensures consistency within the dataset and discrepancies compared to original data at entities;

b) Data has been reviewed for errors and omissions and has confirmation from the data-providing entity that it is accurate.

Article 26. Software Tools for Managing and Processing Data

The Electricity Market Regulatory Agency shall be responsible for equipping the following tools to serve management and processing of market supervision data:

1. Database storage and management software;

2. Software for accessing and processing data, including the following minimum features:

a) Processing, calculating, and generating charts and graphs to serve evaluation and supervision of the electricity market;

b) Calculating indices as prescribed in Appendix 1 of this Circular;

c) Extracting calculation results and preparing reports according to prescribed forms.

Chapter V

IMPLEMENTATION

Article 27. Implementation Organization

1. The Electricity Regulatory Authority shall be responsible for:

a) Promulgating, guiding, and inspecting the implementation of this Circular;

b) Establishing and issuing regulations on forms and file formats for data as prescribed in Article 24 of this Circular;

c) Equipping, managing, and operating software tools to serve market supervision.

2. System operators and electricity market operators shall be responsible for developing and equipping necessary equipment and tools to ensure transmission and sending of electricity market information and data to the Electricity Market Regulatory Agency according to the data transmission methods prescribed in Article 24 of this Circular.

Article 28. Effective Date

1. This Circular takes effect from July 1, 2012.

2. The Director of the Electricity Market Regulatory Agency, the Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of relevant agencies under the Ministry, electricity units, and organizations and individuals engaged in the electricity sector are responsible for implementing this Circular./.