Circular No. 30/2013/TT-BCT stipulates conditions and procedures for stopping and reducing electricity supply levels

CIRCULAR

Specifies conditions and procedures for stopping, reducing electricity supply levels

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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 Some 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;

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 Regulation

1. Distribution units.

Article 2. Applicability

1. Vietnam Electricity Corporation.

2. State Power Corporation.

3. Power Company (under the State Power Corporation).

4. Distribution and retail electricity units.

5. Electricity consumers.

6. Relevant organizations and individuals.

Article 3. Explanation of Terms

Strategic multi-purpose hydropower plant

1. Electricity selling point is an electric power unit licensed to operate in the distribution and retail electricity sector, including:

a) State Corporation of Electricity;

b) Power Company (under the State Power Corporation);

c) Distribution and Retail Electricity Unit.

2. The buyer of electricity is an organization or individual purchasing electricity for use or for retailing electricity to end-users, including:

a) Distribution and Retail Companies;

b) End-users.

3. Distribution and Retail Companies is an electric power unit licensed to operate in the distribution and retail electricity sector to sell electricity to electricity consumers.

4. is the reduction of electricity capacity or volume compared to the agreed capacity or volume in the signed electricity purchase and sale contract. is the reduction in electricity supply capacity and volume compared to the agreed supply capacity and volume in the signed electricity purchase and sale contract.

5. is an organization or individual purchasing electricity for use without reselling it to other organizations or individuals. Important electricity consumer

6. 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. is a priority customer for electricity supply when the electricity supplier stops or reduces electricity supply levels, determined by the People's Committee of the province or centrally governed city based on political, social, security, and defense importance.

7. 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. Notification of Stopping, Reducing Electricity Supply Levels

1. In all cases of stopping or reducing electricity supply levels, the electricity supplier must notify the electricity consumer in advance, except in cases stipulated in Clause 6, Article 7 of the Electricity Law (acts of stealing electricity in any form) and Article 6 of this Circular.

2. The content of the notification of stopping electricity supply or reducing electricity supply levels includes:

a) Location of stopping electricity supply or reducing electricity supply levels;

b) Reason for stopping electricity supply or reducing electricity supply levels;

c) Time of starting to stop electricity supply or reduce electricity supply levels;

d) Estimated time of resuming electricity supply or ensuring normal electricity supply levels.

3. The notification of stopping, reducing electricity supply levels shall be made through one of the following methods: written document, telegram, telephone, fax, SMS, email, mass media agreed upon by both parties and recorded in the electricity purchase and sale contract.

4. The person from the electricity supplier signing the notification of stopping, reducing electricity supply levels must be one of the following:

a) A representative or authorized person as prescribed by law;

b) An authorized person to sign the notification of stopping, reducing electricity supply levels agreed upon by both parties in the electricity purchase and sale contract.

Chapter II

CONDITIONS FOR STOPPAGE AND REDUCTION OF ELECTRICITY SUPPLY

Article 5. Non-Urgent Stopping, Reducing Electricity Supply Levels

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

1. Stopping, reducing electricity supply levels according to the plan of the electricity supplier when there is a need for repair, maintenance, major overhaul, construction of electrical works, load adjustment due to insufficient electricity, and other needs according to the plan.

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. Urgent Stopping, Reducing Electricity Supply Levels

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

1. Due to accidents occurring on the power grid supplying electricity to the electricity consumer; accidents in the power system causing power outages that the electricity supplier cannot control.

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

3. Due to the power system lacking capacity leading to a threat to the safety of the power system.

4. Due to 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, Article 7 of the Electricity Law (Prohibited acts in electricity activities and electricity use).

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

2. The electricity consumer does not fulfill payment for electricity as stipulated in Clause 9, Article 1 of the Law Amending and Supplementing Certain Provisions of the Electricity Law.

3. At the request of the competent state agency in cases where organizations and individuals violate the provisions of the Electricity Law, Construction Law, and environmental protection laws.

4. The electricity consumer does not implement measures to ensure contract performance, does not maintain such measures as required under Article 12 of Decree No. 137/2013/ND-CP dated October 21, 2013 of the Government detailing 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 stopping or reducing power supply that is not urgent

1. In cases of stopping or reducing power supply that is not urgent, the electricity seller must notify the electricity buyer at least five days before the time of stopping or reducing power supply, specifically as follows:

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

b) Notifying for three consecutive days on mass media for the remaining organizations and individuals using electricity.

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 stoppage or reduction of power supply is not carried out according to the previously notified content, the electricity seller shall be responsible for re-notifying the electricity buyer at least 24 hours before the previously notified time of stoppage or reduction of power supply.

3. In cases where the electricity buyer requests to change the time of stoppage or reduction of power supply that has been notified, they must discuss with the electricity seller at least 48 hours before the time of stoppage or reduction of power supply. The electricity seller shall be responsible for considering and reasonably resolving the request of the electricity buyer, specifically as follows:

a) In cases where it is impossible to change the stoppage or reduction of power supply, the electricity seller can still stop or reduce power supply according to the plan but must re-notify the electricity buyer and clearly state the reasons at least 24 hours before the previously notified time of stoppage or reduction of power supply;

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 electricity seller must restore power supply strictly in accordance with the notified deadline. In cases where the time of restoring power supply is delayed by one hour or more compared to the notified time, the electricity seller must notify customers using over 100,000 kWh/month and important electricity users about the time of restoring power supply via telephone or other agreed notification methods in the electricity purchase and sale contract.

6. The stoppage or restoration of power supply for cases stipulated in Clause 2 and Clause 3 of Article 5 of this Circular shall only be carried out after the party requesting the stoppage of power supply has fully paid the electricity seller all related costs for the stoppage and restoration of power supply.

Article 9. Procedure for stopping or reducing power supply that is urgent

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 electricity buyer of the urgent stoppage or reduction of power supply according to the notification form agreed upon in the electricity purchase and sale contract, including the contents specified in Clause 1 of this Article within 24 hours from the time of implementing the urgent stoppage or reduction of power supply.

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 cases where the stoppage or reduction of power supply is due to insufficient capacity in the power system leading to a threat to the safety of the power system, the electricity seller must ensure the implementation of cutting or reducing the calculated and allocated load capacity according to regulations on preparing and implementing 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. For cases stipulated in Clause 1 of Article 7 of this Circular

a) In cases where the electricity buyer commits acts stipulated in Clause 6 of Article 7 of the Electricity Law (acts of stealing electricity), the electricity seller may immediately stop supplying power after the Administrative Violation Record is established according to Decree No. 134/2013/ND-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/ND-CP);

b) In cases where the electricity buyer commits acts stipulated in Clauses 1, 4, 5, 7, and Clause 8 of Article 7 of the Electricity Law, if the level of violation does not reach the extent requiring an urgent stoppage of power supply, after the Administrative Violation Record is established according to Decree No. 134/2013/ND-CP, the electricity seller shall be responsible for sending a notice of stoppage of power supply to the electricity buyer at least 24 hours before the time of stoppage of power supply. If beyond this period, the electricity buyer does not cease 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 stop supplying power according to the notified content;

c) In cases where the electricity buyer violates the provisions at Point b of Clause 1 of Article 7 of this Circular, the electricity seller has the right to stop supplying power to the electricity buyer and must notify the electricity buyer at least 24 hours before the time of stoppage of power supply.

2. For cases stipulated in Clause 2 of Article 7 of this Circular

a) In cases where there is no agreement to postpone payment of electricity bills and the electricity buyer has been notified twice by the electricity seller about the payment of electricity bills, after fifteen days from the first notification date, the electricity seller has the right to stop supplying power to the electricity buyer;

b) In cases where the electricity buyer proposes an agreement and obtains the consent of the electricity seller to postpone the payment of electricity bills, if beyond the agreed postponement period for payment of electricity bills, the electricity buyer still fails to pay off the outstanding amounts, the electricity seller has the right to stop supplying power to the electricity buyer;

c) When implementing the stoppage of power supply, the electricity seller must notify the electricity buyer at least 24 hours before the time of stoppage of power supply and is not liable for any damages caused by the stoppage of power supply.

3. For cases stipulated in Clause 3 of Article 7 of this Circular

The electricity seller must notify the electricity buyer at least 24 hours before the time of stoppage of power supply and clearly state the reasons for the stoppage of power supply. After the stoppage of power supply, the electricity seller must notify in writing about the stoppage of power supply to the relevant government agency that requested the stoppage of power supply.

4. For cases stipulated 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 government agency, ceased the violation, remedied the consequences caused by the violation, and paid all costs for the stoppage and restoration of power supply to the electricity seller as stipulated in Points a and b of Clause 1 and Points a and b of Clause 2 of this Article;

b) Fully paid the outstanding amount or implemented measures to ensure the fulfillment of other agreements in the electricity purchase and sale contract and paid all costs for the stoppage and restoration of power supply to the electricity seller as stipulated in Point c of Clause 1 and Points a and b of Clause 2 of this Article;

c) There is a written request for resuming power supply from the competent authority and the electricity purchaser has fully paid the costs of stopping and resuming power supply to the electricity seller in cases of stopping power supply as prescribed in Clause 3 of this Article;

d) The electricity purchaser has implemented measures to ensure the performance of the contract or maintained such measures and has fully paid the costs of stopping and resuming power supply to the electricity seller in cases of stopping power supply as prescribed in Clause 4 of this Article.

Chapter IV

REPORTING AND SUPERVISION OF IMPLEMENTATION OF STOPPING AND REDUCING ELECTRICITY SUPPLY

Article 11. Monthly Reports

1. Before the 15th day of each month, the Electricity Corporation of Hanoi City, the Electricity Corporation of Ho Chi Minh City, the Electricity Company of provinces and centrally governed cities, and distribution and retail electricity units licensed by the Electricity Regulatory Authority with a total installed capacity of substations of 3 MVA or more shall be responsible for compiling and reporting to the Department of Industry and Trade at their localities on the results of implementing stopping and reducing electricity supply in the previous month within their management scope. The report must include:

a) A summary report on the total number of times of stopping and reducing electricity supply; the total time of stopping and reducing electricity supply; an estimated total load capacity, electricity consumption, and the total number of customers affected by stopping and reducing electricity supply throughout the unit as stipulated in Appendix I issued together with this Circular;

b) A detailed report for each case of stopping and reducing electricity supply, including contents about the name of the substation or power line that lost power; the time of stopping and reducing electricity supply; the cause of stopping and reducing electricity supply; the number of affected customers as stipulated in Appendix II issued together with this Circular. The detailed report shall be sent in writing or by email (Email).

2. Before the 15th day of each month, the Electricity Corporations shall be responsible for reporting to the Electricity Regulatory Authority on the implementation of stopping and reducing electricity supply 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 a serious incident occurs leading to the need to implement emergency stopping and reducing electricity supply on a wide scale in the national power system, the Vietnam Electricity Corporation shall be responsible for reporting to the Ministry of Industry and Trade and the Electricity Regulatory Authority via email (Email) or fax immediately after the incident occurs and in writing within 24 hours from the time of the incident.

2. When it is necessary to implement emergency stopping and reducing electricity supply due to incidents in transmission grids of 220kV or higher or incidents in 110kV substations playing an important role in supplying electricity to a region, the Vietnam Electricity Corporation, the Electricity Corporations, and the provincial Electricity Companies shall be responsible for reporting to the Electricity Regulatory Authority and the Departments of Industry and Trade of the provinces affected by stopping and reducing electricity supply via email (Email) or fax immediately after the incident occurs and in writing within 24 hours from the time of the incident.

3. The electricity seller shall be responsible for reporting the implementation of stopping and reducing electricity supply when requested by the Electricity Regulatory Authority or the Department of Industry and Trade at the locality.

4. Emergency reports must include at least 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 Department of Industry and Trade shall take the lead and coordinate with the local Electricity Company to submit to the Provincial People's Committee for approval the list of important electricity users prioritized for power supply when the electricity seller implements stopping and reducing electricity supply in the power system.

b) Supervise the implementation of stopping and reducing electricity supply by the Electricity Corporations, Electricity Companies, and local distribution and retail electricity units according to 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 Organization

1. The Electricity Regulatory Authority shall be responsible for disseminating, guiding, and supervising 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.

3. During the implementation of this Circular, if there are issues of difficulty or new content 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 amendment and supplementation of this Circular to be appropriate.

Article 15. Effective Date

1. This Circular takes effect from December 25, 2013. Decision No. 39/2005/QD-BCN dated December 23, 2005 of the Minister of Industry on conditions, procedures, and formalities for stopping and reducing electricity supply shall cease to be effective from the date this Circular takes effect.

2. The Director of the Electricity Regulatory Authority, the Head of the Ministry's Office, the Inspector General of the Ministry, the Director-General of the Energy General Department, Heads of the Ministries' Departments, Heads of relevant units under the Ministry of Industry and Trade, and related organizations and individuals are responsible for implementing this Circular./.