Circular No. 22/2020/TT-BCT stipulates conditions, procedures for stopping and reducing electricity supply levels

CIRCULAR

(vi) Agreement on the amount of reserve left behind and the deadline for selling the purchased cash foreign currency to the authorized credit institution. conditions, procedure stop, reduce economic supply of electricity

 

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 the Electricity Law on December 3, 2004 and the Law Amending and Supplementing Certain Provisions of the Electricity Law on November 20, 2012;

Pursuant to Decree No. 137/2013/NĐ-CP dated October 21, 2013 of the Government detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law; The Minister of Industry and Trade issues this Circular prescribing conditions and procedures for stopping and reducing the level of electricity supply.

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

This Circular stipulates the conditions for stopping and reducing the level of electricity supply; the procedures for stopping and reducing the level of electricity supply in electricity activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

1. Distribution units.

Article 2. Applicability

2. Distribution and retail units.

3. Electricity consumers.

4. Vietnam Electricity Corporation.

5. Organizations and individuals related.

Electricity system security

Article 3. Definitions

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

1. is the ability of power sources to ensure electricity supply meeting the load demand at a given time or within a specified period taking into account constraints in the electricity system. is the electricity unit implementing the stoppage and resumption of power supply, including: distribution units, distribution and retail units.
2. The seller of electricity is an organization or individual purchasing electricity for use or for resale to electricity consumers, including:
3. The buyer of electricity a) Distribution and retail units;

b) Electricity consumers.

Distribution unit

4. is an electricity unit licensed to operate in the field of distribution and sale of electricity, including: State-owned Enterprise of Electricity;

1. Provincial Electricity Company under the State-owned Enterprise of Electricity;
2. District or County Electricity Company under the State-owned Enterprise of Electricity in Hanoi and Ho Chi Minh City.
3. Distribution and retail unit

5. is an electricity unit licensed to operate in the field of distribution and retail of electricity, purchasing bulk electricity from distribution units to sell to electricity consumers. Reducing the level of electricity supply
6. is the reduction of electricity capacity or volume compared to the agreed capacity or volume in the signed electricity purchase and sale contract. Electricity consumer
7. is an organization or individual purchasing electricity for use without reselling it to other organizations or individuals. Important electricity consumer
8. is a consumer prioritized for power supply when the seller stops or reduces the level of electricity supply, determined by the People's Committee of provinces or centrally governed cities based on political, social, security, and defense importance. Force majeure event
9. Force Majeure Event is an event occurring objectively that the electricity supplier cannot control, foresee, or overcome despite applying all necessary measures within its capability.

Article 4. Notice of Stoppage and Reduction of Electricity Supply

1. In all cases of stoppage and reduction of electricity supply, the electricity supplier must notify the electricity consumer in advance, except in cases provided for in Clause 6, Article 7 of the Electricity Law and Article 6 of this Circular.

2. The contents of the notice of stoppage and reduction of electricity supply include:

a) Location of stoppage and reduction of electricity supply; reduced capacity or maximum supply capacity in case of reduction of electricity supply;

b) Reason for stoppage and reduction of electricity supply;

c) Time of start of stoppage and reduction of electricity supply;

d) Anticipated time of resumption of power supply or restoration of normal supply level.

3. The person signing the notice of stoppage and reduction of electricity supply on behalf of the electricity supplier must be one of the following:

a) Legal representative or authorized representative of the electricity supplier;

b) Person authorized to sign the notice of stoppage and reduction of electricity supply as agreed between both parties in the electricity purchase and sale contract.

4. The notice of stoppage and reduction of electricity supply shall be made in one of the following forms: written document, telegram, telephone, fax, SMS, email, mass media or other communication methods agreed upon by both parties and recorded in the electricity purchase and sale contract.

Chapter II

CONDITIONS FOR STOPPAGE AND REDUCTION OF ELECTRICITY SUPPLY

Article 5. Non-emergency stoppage and reduction of electricity supply

The electricity supplier may stop or reduce the level of non-emergency electricity supply in the following cases:

1. Stopping or reducing the level of electricity supply according to the supplier's plan for maintenance, repair, major overhaul, construction of electrical works, load adjustment due to insufficient power sources, and other needs as planned.

2. Stopping power supply at the request of organizations or individuals concerned to ensure safety during construction work.

3. Stopping or reducing the level of electricity supply at the request of the electricity consumer.

Article 6. Emergency stoppage and reduction of electricity supply

The electricity supplier may stop or reduce the level of emergency electricity supply in the following cases:

1. Occurrence of accidents on the power grid supplying the electricity consumer; accidents in the power system causing power outage that the electricity supplier cannot control.

2. Risk of serious accident or threat to safety of people, equipment, and the power system.

3. Insufficient power capacity in the system threatening power system security.

4. Occurrence of force majeure events.

Article 7. Suspension of electricity supply due to violations of laws by organizations or individuals

The seller of electricity may suspend the supply of electricity in the following cases:

1. The buyer of electricity engages in acts prohibited under:

a) Clauses 1, 4, 5, 6, 7, and Clause 8 of Article 7 of the Electricity Law (Prohibited Acts in Electricity Activities and Electricity Usage);

b) Point a and point b of Clause 2 of Article 46; point b and point c of Clause 2 of Article 47 of the Electricity Law.

2. The buyer of electricity fails to pay the electricity bill as stipulated in Clause 9 of Article 1 of the Law Amending and Supplementing Certain Provisions of the Electricity Law.

3. At the request of competent state agencies to implement coercive measures for suspending electricity supply as provided for in Article 43 of Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government on administrative penalties for violations in the field of electricity, dam safety, and energy conservation and efficiency (hereinafter referred to as Decree No. 134/2013/NĐ-CP).

4. The buyer of electricity fails to implement security measures for contract performance or fails to maintain such security measures as prescribed in Article 12 of Decree No. 137/2013/NĐ-CP dated October 21, 2013 of the Government detailing the implementation of certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law..

Chapter III

PROCEDURE FOR SUSPENSION AND REDUCTION OF ELECTRICITY SUPPLY LEVELS

Article 8. Procedure for non-emergency suspension and reduction of electricity supply levels

1. In the case of non-emergency suspension or reduction of electricity supply levels, the seller of electricity must notify the buyer of electricity at least five days before the time of suspension or reduction of electricity supply levels, using specific forms such as:

a) Sending a written notice or notifying through other agreed forms in the electricity purchase and sale contract to customers with average monthly electricity consumption over 100,000 kWh and important electricity users;

b) Notifying for three consecutive days via mass media or other agreed forms in the electricity purchase and sale contract for the remaining customers. The first notification must be made at least five days before the time of suspension or reduction of electricity supply levels.

2. After notifying the suspension or reduction of electricity supply levels, the seller of electricity has the responsibility to carry out the suspension or reduction of electricity supply levels according to the contents of the notification.

If the suspension or reduction of electricity supply levels is not carried out according to the notified contents, the seller of electricity has the responsibility to notify the buyer of electricity again at least 24 hours before the previously notified time of suspension or reduction of electricity supply levels.

3. If the buyer of electricity requests to change the time of suspension or reduction of electricity supply levels that have been notified, they must discuss with the seller of electricity at least 48 hours before the time of suspension or reduction of electricity supply levels. The seller of electricity has the responsibility to consider and resolve the request of the buyer of electricity, specifically as follows:

a) In the case where it is impossible to change the suspension or reduction of electricity supply levels, the seller of electricity can still suspend or reduce electricity supply levels according to the plan but must notify the buyer of electricity again and specify the reasons at least 24 hours before the previously notified time of suspension or reduction of electricity supply levels;

b) In the case where the time of suspension or reduction of electricity supply levels is accepted to be changed, the seller of electricity must notify the buyer of electricity at least 24 hours before the previously notified time of suspension or reduction of electricity supply levels.

4. After carrying out the suspension or reduction of electricity supply levels, the seller of electricity must record the time, content, and operation procedures for the suspension or reduction of electricity supply levels in the work logbook or operation logbook.

5. The seller of electricity must restore electricity supply according to the notified time limit. If the restoration time is delayed by one hour or more compared to the notified time, the seller of electricity must inform customers with average monthly electricity consumption over 100,000 kWh and important electricity users about the restoration time via telephone or other agreed notification methods in the electricity purchase and sale contract.

6. For the cases stipulated in Clause 2 and Clause 3 of Article 5 of this Circular, the procedure for suspension of electricity supply or reduction of electricity supply levels from Clause 1 to Clause 5 of this Article will only be implemented after the party requesting the suspension of electricity supply has paid all related costs to the seller of electricity for the suspension and restoration of electricity supply.

Article 9. Emergency Suspension and Reduction of Electricity Supply Levels Procedure

When one of the cases stipulated in Article 6 of this Circular occurs, the seller of electricity has the right to suspend or reduce electricity supply levels urgently, then perform the following tasks:

1. Determine the cause, scope of impact, and estimated time for resuming electricity supply.

2. Notify the buyer of electricity of the information through the agreed notification method in the electricity purchase and sale contract, including the contents specified in Clause 1 of this Article within 24 hours from the time of emergency suspension or reduction of electricity supply levels.

3. The seller of electricity must record the time, cause, and operation procedures for the suspension or reduction of electricity supply levels in the work logbook or operation logbook.

4. In the case of suspension or reduction of electricity supply levels due to insufficient power capacity in the system threatening the security of the power system, the seller of electricity must ensure the correct cutting and reduction of load capacity as calculated and allocated according to the regulations on the preparation and implementation of power supply plans when the national power system lacks power sources.

5. Cooperate with relevant parties to promptly address the causes leading to emergency suspension or reduction of electricity supply levels to restore electricity supply as quickly as possible.

Article 10. Procedure for ceasing power supply due to violations by organizations or individuals of laws and regulations

1. In cases provided for in Clause 1 of Article 7 of this Circular

a) In case the electricity buyer commits the act stipulated in Clause 6 of Article 7 of the Electricity Law (theft of electricity), the electricity seller may cease power supply immediately after the Administrative Violation Record is established in accordance with Decree No. 134/2013/NĐ-CP;

b) In case the electricity buyer commits the acts stipulated in Clauses 1, 4, 5, 7, and 8 of Article 7 of the Electricity Law, if the level of violation does not reach the extent requiring urgent cessation of power supply, after the Administrative Violation Record is established in accordance with Decree No. 134/2013/NĐ-CP, the electricity seller shall notify the electricity buyer of the cessation of power supply at least 24 hours before the cessation. If beyond this period, the electricity buyer does not stop the violation and does not take measures to remedy the consequences caused by the violation as required by the electricity seller, the electricity seller has the right to cease power supply according to the notification content;

c) In case the electricity buyer violates the provision at point b of Clause 1 of this Circular, the electricity seller has the right to cease power supply to the electricity buyer and must notify the electricity buyer at least 24 hours before the cessation of power supply.

2. In cases provided for in Clause 2 of Article 7 of this Circular

a) In case there is no agreement on postponing payment of electricity charges and the electricity buyer has been notified by the electricity seller about payment of electricity charges twice, then after 15 days from the first notification date, the electricity seller has the right to cease power supply to the electricity buyer;

b) In case the electricity buyer requests an agreement and the electricity seller agrees to postpone the payment date of electricity charges, if beyond the agreed postponed payment date, the electricity buyer still fails to pay the full amount of electricity charges and interest on overdue electricity charges (if any), the electricity seller has the right to cease power supply to the electricity buyer;

When implementing the cessation of power supply, the electricity seller must notify the electricity buyer at least 24 hours before the cessation of power supply and is not responsible for any damages caused by the cessation of power supply.

3. In cases provided for in Clause 3 of Article 7 of this Circular

The electricity seller must notify the electricity buyer of the cessation of power supply at least 24 hours before the cessation and clearly state the reason for the cessation. After the cessation of power supply, the electricity seller must notify in writing the competent state agency requesting the cessation of power supply.

4. In cases provided for in Clause 4 of Article 7 of this Circular

The electricity seller has the right to cease power supply to the electricity buyer according to the agreement in the electricity purchase and sale contract and must notify the electricity buyer at least 24 hours before the cessation of power supply.

5. Power supply resumption can only be carried out in the following cases:

a) The electricity buyer has fully implemented the administrative penalty decision of the competent authority, stopped the violation, remedied the consequences caused by the violation, and paid all costs of cessation and resumption of power supply to the electricity seller in cases of cessation of power supply as stipulated in points a and b of Clause 1 of this Article;

b) Full payment of electricity charges and interest on overdue electricity charges (if any) or implementation of measures to ensure compliance with other agreements in the electricity purchase and sale contract and costs of cessation and resumption of power supply to the electricity seller in cases of cessation of power supply as stipulated in point c of Clause 1 and points a and b of Clause 2 of this Article;

c) A written request for resumption of power supply from the competent authority and the electricity buyer has paid all costs of cessation and resumption of power supply to the electricity seller in cases of cessation of power supply as stipulated in Clause 3 of this Article;

d) The electricity buyer has taken measures to ensure compliance with the contract or maintained such measures and paid all costs of cessation and resumption of power supply to the electricity seller in cases of cessation of power supply as stipulated in Clause 4 of this Article.

Chapter IV

REPORTING AND MONITORING THE IMPLEMENTATION OF POWER SUPPLY CEASATION AND REDUCTION

OF SUPPLY LEVEL

Article 11. Monthly Periodic Reports

1. Before the 15th day of each month, the Electricity Corporation of Hanoi City, the Electricity Corporation of Ho Chi Minh City, the Provincial Electricity Companies, and other distribution and retail electricity companies that have been granted licenses for electricity operations with a total installed capacity of transformer stations of 03 MVA or more shall be responsible for compiling and submitting written reports via postal service or email to the Department of Industry and Trade at their localities on the results of implementing power supply interruptions and reductions in the previous month within their management scope. The report shall include:

a) A monthly consolidated report on the implementation of power supply interruptions and reductions according to the model prescribed in Appendix I attached to this Circular;

b) A detailed monthly report on the implementation of power supply interruptions and reductions according to the model prescribed in Appendix II attached to this Circular.

2. Before the 15th day of each month, the Electricity Corporations shall be responsible for submitting written reports via postal service or email to the Electricity Regulatory Authority regarding the implementation of power supply interruptions and reductions in the previous month within their management scope. The report shall include the contents specified in points a and b of Clause 1 of this Article.

Article 12. Emergency Reports

1. When it is necessary to implement emergency power supply interruptions and reductions on a wide scale in the national power system due to serious incidents, the Vietnam Electricity Corporation shall be responsible for reporting to the Ministry of Industry and Trade (Electricity Regulatory Authority) via email or fax immediately after the incident occurs and in writing within 36 hours from the time of the incident.

2. When it is necessary to implement emergency power supply interruptions and reductions in cases of transmission grid incidents of 220kV or higher or incidents at 110kV substations that play an important role in supplying power to a region:

a) The Vietnam Electricity Corporation and the Electricity Corporations shall be responsible for reporting to the Electricity Regulatory Authority via email or fax immediately after the incident occurs and in writing within 36 hours from the time of the incident.

b) The Electricity Corporation of Hanoi City, the Electricity Corporation of Ho Chi Minh City, and the Provincial Electricity Companies shall be responsible for reporting to the Department of Industry and Trade at their localities via email or fax immediately after the incident occurs and in writing within 36 hours from the time of the incident.

3. The electricity supplier shall be responsible for submitting written reports via postal service or email on the implementation of power supply interruptions and reductions when requested by the Electricity Regulatory Authority or the Department of Industry and Trade at the locality.

4. Emergency reports must include the contents specified in Clause 2 of Article 4 of this Circular.

Article 13. Supervision of Power Supply Interruptions and Reductions

1. The Department of Industry and Trade shall be responsible for:

a) Annually, based on the political, social, security, and defense importance, the local Department of Industry and Trade shall take the lead and coordinate with the Electricity Corporation of Hanoi City, the Electricity Corporation of Ho Chi Minh City, and the Provincial Electricity Companies to submit to the People's Committee of the province for approval the list of important electricity customers prioritized for power supply when the electricity supplier implements power supply interruptions and reductions in the power system.

b) Supervising the implementation of power supply interruptions and reductions by the Electricity Corporation of Hanoi City, the Electricity Corporation of Ho Chi Minh City, the Provincial Electricity Companies, and distribution and retail electricity units at the local level according to the provisions of this Circular.

2. The Electricity Regulatory Authority shall be responsible for supervising the implementation of power supply interruptions and reductions by electricity units according to the provisions of this Circular.

Chapter V

IMPLEMENTATION

Article 14. Implementation

1. The Electricity Regulatory Authority shall be responsible for disseminating, guiding, and inspecting the implementation of this Circular.

2. The Vietnam Electricity Corporation shall be responsible for directing its subordinate units to implement power supply interruptions and reductions according to the provisions of this Circular.

Article 15. Effectiveness

1. This Circular takes effect from October 30, 2020. Circular No. 30/2013/TT-BCT dated November 14, 2013, of the Minister of Industry and Trade prescribing conditions and procedures for power supply interruptions and reductions ceases to be effective from the date this Circular takes effect.

2. During the implementation of this Circular, if there are any issues or new matters arising, relevant units shall be responsible for reporting to the Electricity Regulatory Authority for research, proposal, and submission to the Ministry of Industry and Trade for amendments and supplements to this Circular as appropriate.