Circular No. 19/2014/TT-BCT Issuing Model Electricity Purchase and Sale Contracts for Domestic Purposes

CIRCULAR

Issuing a model electricity purchase and sale contract for residential purposes

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Pursuant to Decree No. 95/2012/NĐ-CP dated November 12, 2012, of the Government, detailing the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

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;

Based on Decree No. 137/2013/NĐ-CP dated October 21, 2013, issued by the Government, detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law;

At the proposal of the Director of the Electricity Regulatory Authority,

The Minister of Industry and Trade issues this Circular to promulgate a model Electricity Purchase and Sale Contract for Residential Purposes.

Article 1. Issuance of the Model Contract

This Circular attaches a model Electricity Purchase and Sale Contract for Residential Purposes (hereinafter referred to as the "Contract") to be applied to Electricity Purchase and Sale Contracts between electricity retail units (hereinafter referred to as the "Electricity Seller") and electricity consumers using electricity for residential purposes (hereinafter referred to as the "Electricity Buyer").

Article 2. Execution and Language of the Contract

1. At a registered electricity purchasing location

a) If the Electricity Buyer is a household using a household registration book or temporary residence certificate to register for electricity purchase, they may only sign one Contract.

b) In cases where a household registration book or temporary residence certificate is not used, the Electricity Buyer may only use one of the following documents: a certificate of ownership of a house or a decision on housing allocation; a valid house purchase contract; a land use right certificate (on land with a house); a management and usage authorization contract that has been notarized or certified to register for electricity purchase and may only sign one Contract.

2. If the Electricity Buyer is a tenant living in rented accommodation, they shall follow the regulations on implementing electricity sales prices issued by the Ministry of Industry and Trade.

3. An Electricity Buyer consisting of multiple households sharing electricity usage may sign one Contract and apply the electricity sales price according to the regulations on implementing electricity sales prices issued by the Ministry of Industry and Trade.

4. The language used in the Contract is Vietnamese.

Article 3. Parties Signing the Contract

The parties signing the Contract are individuals with full civil capacity whose names are listed in the documents used for registering electricity purchase as stipulated in Point a Clause 1 Article 11 of Decree No. 137/2013/NĐ-CP dated October 21, 2013 of the Government detailing certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law.

Article 4. Term of the Contract

The term of the Contract is agreed upon by both parties. In case both parties do not specifically agree on the term of the Contract, the term of the Contract will be calculated from the date of signing until the date when both parties amend, supplement, or terminate the Contract.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

The Electricity Seller is responsible for publicly posting and applying the model Contract attached to this Circular for all Contracts signed from the date this Circular takes effect.

Article 6. Effectiveness

1. This Circular takes effect from August 5, 2014. Decision No. 08/2006/QĐ-BCN dated April 12, 2006 of the Minister of Industry issuing a model Electricity Purchase and Sale Contract for Residential Purposes ceases to be effective from the date this Circular takes effect. Contracts signed before the date this Circular takes effect will continue to be implemented until their expiration date as stated in the contracts. During implementation, both parties must still comply with the provisions of the Electricity Law, the Law Amending and Supplementing Certain Provisions of the Electricity Law, and guiding documents for implementation. In case the Electricity Buyer requests to sign a new contract before its expiration date, the Electricity Seller is responsible for negotiating to implement the signing of a new contract.

2. During the implementation of this Circular, if there are any issues, relevant organizations and individuals have the responsibility to request the Electricity Regulatory Authority to take the lead in researching and proposing the Minister of Industry and Trade to amend and supplement this Circular appropriately.