Circular No. 24/2016/TT-BCT stipulates certain contents regarding shortening the time to access electricity.

CIRCULAR

REGULATIONS ON SOME CONTENTS REGARDING SHORTENING THE TIME TO ACCESS ELECTRICITY

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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 Articles 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;

Implementing Resolution No. 19-2016/NQ-CP dated April 28, 2016 of the Government on tasks and key solutions to improve the business environment and enhance national competitiveness for the two-year period 2016-2017 with a view to 2020;

At the proposal of the General Director of the Energy General Department,

The Minister of Industry and Trade issues this Circular regulating some contents regarding shortening the time to access electricity.

Article 1. Scope of Regulation and Applicability

1. This Circular regulates some contents regarding shortening the time to access electricity, including:

a) Amend and supplement certain provisions related to the procedures for accessing electricity as prescribed in Circular No. 43/2013/TT-BCT dated December 31, 2013 of the Minister of Industry and Trade stipulating the contents, procedures, and formalities for preparing, examining, approving, and adjusting the Power Development Plan (hereinafter referred to as Circular No. 43/2013/TT-BCT).

b) Prescribing the responsibilities of the People's Committee of provinces and centrally governed cities in implementing the contents regarding shortening the time to access electricity.

Article 2. This Circular applies to the following entities:

a) Customers using electricity who request connection to the distribution network;

b) Distribution companies;

c) Distribution companies and retail companies;

d) Vietnam Electricity Corporation;

đ) Relevant agencies, organizations, and individuals.

Article 2. Amend and supplement Article 25 of Circular No. 43/2013/TT-BCT

"Article 25. Procedures and formalities for adjusting the provincial power development plan not according to the cycle

1. Regarding the adjustment of the Component of the Power Development Plan for the 110 kV system:

a) The project investors or provincial People's Committees that have the need to supplement or adjust within the Component of the Power Development Plan for the 110 kV system shall organize the preparation of the plan adjustment dossier according to the content stipulated in Clause 1, Article 22 of this Circular;

b) During the process of preparing the plan adjustment, the investor shall be responsible for soliciting opinions from the Provincial Electricity Company to complete the content of the plan adjustment before submitting it to the Department of Industry and Trade for examination and reporting to the provincial People's Committee to issue a document sent to the Energy General Department for review and reporting to the Minister of Industry and Trade for approval;

c) Within five working days from the date of receipt of the dossier, the Energy General Department must issue a document requesting additional information if the planning dossier is incomplete or invalid;

d) The dossier for the plan adjustment:

- A report proposing the adjustment and supplementation of the planning component from the People's Committee of the province;

- Five copies of the adjusted planning report;

- Opinions in writing from the provincial power company, the People's Committees of districts/cities, and relevant departments and agencies.

đ) Within twenty-five working days from the date of receipt of the valid dossier, the Energy General Department shall be responsible for completing the review of the plan adjustment dossier before submitting it to the Minister of Industry and Trade for approval;

e) During the review process, the Energy General Department shall solicit written opinions from the Southern Power Corporation and the National Power Transmission Corporation (if necessary);

2. Regarding the adjustment of the Component of the Detailed Power Development Plan for the Medium and Low Voltage Grids after 110 kV Substations:

a) For medium voltage transformer stations with total capacity exceeding 2,000 kVA, the project investors who have the need to supplement or adjust within the Component of the Detailed Power Development Plan for the Medium and Low Voltage Grids after 110 kV Substations shall organize the preparation of the plan adjustment dossier according to the content stipulated in Clause 2, Article 22 of this Circular and submit it to the Department of Industry and Trade for examination and reporting to the provincial People's Committee for approval.

- The plan adjustment dossier includes: The request for plan adjustment and supplementation submitted by the investor; five copies of the Report on the Plan Adjustment Component.

- Within ten working days from the date of receipt of the valid dossier, the Department of Industry and Trade shall be responsible for completing the examination of the plan adjustment dossier before submitting it to the provincial People's Committee for approval. During the examination process, if necessary, the Department of Industry and Trade shall solicit written opinions from the Provincial Electricity Company, the district People's Committee, and relevant agencies and organizations.

b) For medium voltage transformer stations with total capacity up to 2,000 kVA, based on the capacity of the regional power grid, the Distribution Unit shall connect to the grid and report to the competent authority for planning management according to Clause 4, Article 27 of this Circular.

"Article 27. Management and Implementation of Power Development Plans at Various Levels

1. The Energy General Department shall be responsible for:

a) Announcing the National Power Development Plan, including any adjusted plans that have been approved;

b) Organizing monitoring and inspection of the implementation of the National Power Development Plan;

c) Annually summarizing and evaluating the results, impacts, and influences of the implementation of the National Power Development Plan to report to the Minister of Industry and Trade for consideration;

d) Serving as the focal point to direct the implementation of power projects according to the approved National Power Development Plan.

2. The People's Committee of provinces and centrally governed cities shall be responsible for:

a) Announcing the Provincial Power Development Plan, including any adjusted plans that have been approved;

b) Directing the Department of Industry and Trade to organize monitoring and inspection of the implementation of the Provincial Power Development Plan in the locality;

c) Annually summarizing and evaluating the results, impacts, and influences of the implementation of the Provincial Power Development Plan in the locality to report to the Ministry of Industry and Trade;

d) Directing the implementation of power projects according to the approved Provincial Power Development Plan.

3. Project investors in the power sector shall be responsible for:

a) Implementing investment and construction of power facilities according to the approved Power Development Plan;

b) Annually reporting to the competent state agency managing the implementation of the Power Development Plan on the progress of implementing the project.

4. Before July 15 and January 15 each year, the Distribution Unit shall be responsible for submitting periodic six-monthly and annual reports to the planning management authority on the investment and construction of power facilities and the connection of customers using the distribution network with their own substations.

5. The funds for managing and implementing the Power Development Plan annually as stipulated in Point b and Point c of Clause 1 and Point b and Point c of Clause 2 of this Article shall be allocated from the state budget and implemented in accordance with the regulations of the Ministry of Finance and the Ministry of Industry and Trade."

Article 4. Connection at Medium Voltage Level

The procedures and formalities for agreement and connection at medium voltage level shall be carried out in accordance with Circular No. 39/2015/TT-BCT dated November 18, 2015 of the Minister of Industry and Trade on the distribution system.

Article 5. Responsibilities of Provincial People's Committees under Central Cities

Provincial People's Committees under Central Cities shall be responsible for ensuring:

a) The processing time for the procedure to agree on pole/substation location and power line corridor (if applicable) shall not exceed five working days for overhead medium voltage lines and ten working days for underground medium voltage lines.

b) The processing time for the procedure to grant construction permits for power projects (if applicable) shall not exceed seven working days for overhead medium voltage lines and ten working days for underground medium voltage lines.

Article 6. Implementation Organization

1. Vietnam Electricity Corporation shall be responsible for directing its subordinate units to implement this Circular.

2. The General Department of Energy shall be responsible for disseminating, guiding, and supervising the implementation of this Circular.

Article 7. Effective Date

1. This Circular shall take effect from January 16, 2017.

2. This Circular replaces Circular No. 33/2014/TT-BCT dated October 10, 2014 issued by the Minister of Industry and Trade on certain contents regarding shortening the time for electricity access.

3. During the implementation process, if there are any difficulties, organizations and individuals shall reflect them to the Ministry of Industry and Trade for consideration and resolution./.