Circular No. 31/2018/TT-BCT Amending and Supplementing Certain Articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electricity activities and electricity usage, and resolution of disputes in power purchase contracts.

 

CIRCULAR

Amending and supplementing some articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electricity activities and electricity usage, and resolution of disputes in power purchase contracts

 

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

Pursuant to the Law on Handling Administrative Offenses dated June 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;

Pursuant to Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government stipulating administrative penalties for violations in the field of electricity, dam safety, and energy conservation and efficiency;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations; and Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations;

Pursuant to Decree No. 14/2014/NĐ-CP dated February 26, 2014 of the Government detailing the implementation of the Electricity Law on electrical safety;

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

The Minister of Industry and Trade issues this Circular amending and supplementing some articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electricity activities and electricity usage, and resolution of disputes in power purchase contracts.

Article 1. Amending and supplementing some articles of Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electricity activities and electricity usage, and resolution of disputes in power purchase contracts (hereinafter referred to as Circular No. 27/2013/TT-BCT) as follows:

1. Amending the name of Article 4 and Clause 1 of Article 4 as follows:

1. Amending the name of Article 4 as follows: "Article 4. Inspection Authority";
2. Amending Clause 1 of Article 4 as follows: "1. Electricity inspectors of the Ministry of Industry and Trade, electricity inspectors of provincial industry and trade departments, electricity inspectors of specialized offices under district, city district, town, and provincial city people's committees (hereinafter referred to as district-level electricity inspectors) have the authority to inspect the implementation of laws and regulations concerning electricity activities, electricity usage, and the protection of electrical facilities and power grids";

2. Amending Clause 2 of Article 6 and Clause 2 of Article 7 as follows:

"2. Inspect the implementation of laws and regulations concerning electrical safety and the protection of electrical facilities and power grids";

3. Amending Point a of Clause 1 of Article 8 as follows:

"a) Inspect the implementation of laws and regulations concerning the protection of electrical facilities and power grids";

4. Amending and supplementing Point d of Clause 1, Point d of Clause 2, and Point d of Clause 3 of Article 9 as follows:

"d) Being in good health, having good moral character, being conscientious, honest, fair, and impartial; not having been criminally punished or having been criminally punished but having had the criminal record expunged; not having been administratively punished in the field of electricity or having been considered as not having been administratively punished according to Article 7 of the Law on Handling Administrative Violations in the Field of Electricity";

5. Amending Point c of Clause 1 of Article 12 and supplementing Clause 4 of Article 12 as follows:

1. Amending the phrase "Certified copy" to "Copy" at Point c of Clause 1 of Article 12;
2. Supplementing Clause 4 of Article 12 as follows: "4. Depending on actual conditions, the competent authority issuing and revoking the electricity inspector card shall implement online public services for the procedures specified in Clauses 1, 2, and 3 of this Article";

6. Amending Clause 4 of Article 13 as follows:

"4. A light yellow card shall be issued to electricity inspectors of power units for inspecting electrical safety and protecting electrical facilities and power grids";

7. Amending Clause 2 of Article 15 as follows:

"2. Unannounced inspections are conducted upon request of competent state management authorities, power units, or when there are signs of violation of laws and regulations concerning electricity activities, electricity usage, and the protection of electrical facilities and power grids";

8. Supplementing Article 19a as follows:

"Article 19a. Content of Inspection for Protection of Electrical Facilities and Power Grids

Inspecting the implementation of provisions from Article 50 to Article 53 of the Electricity Law and guiding documents, specifically:

1. Inspecting the implementation of provisions regarding high-voltage power grid protection zones.
2. Inspecting the implementation of provisions regarding overhead power line protection.
3. Inspecting the implementation of provisions regarding underground power cable protection.
4. Inspecting the implementation of provisions regarding substation protection".

9. Amending Article 20 as follows:

“Article 20. Inspection to Detect Electricity Theft

1. In cases where electricity theft is detected during inspection, the Power Inspector shall be responsible for drafting the Electricity Usage Inspection Report and Administrative Violation Report. The Electricity Usage Inspection Report must clearly state the following contents:

a) Description of the act of electricity theft and related parameters for calculating and handling electricity usage violations;

b) Diagram of electricity theft;

c) Other evidence such as theft tools, photographs, video recordings, other electronic data (if available).

2. In cases where items or tools used for electricity theft are temporarily seized, the Power Inspector must draft the Temporary Seizure Report for Items and Tools Involved in Violations according to the model prescribed in Appendix 3 issued together with this Circular and seal these items and tools (the sealing paper must have signatures from the Power Inspector, representatives of the inspected party, and other relevant parties as prescribed).

3. The Power Inspector shall be responsible for determining the amount of stolen electricity and the corresponding compensation amount calculated according to the provisions of Article 32 of this Circular.

4. The Power Inspector shall notify the electricity supplier to stop supplying electricity.

10. Amend Article 23 as follows:

"Article 23. Administrative Violation Report

1. In cases where administrative violations in the field of electricity are discovered, in addition to drafting the Inspection Report as prescribed in Article 22 of this Circular, the Power Inspector must also draft the Administrative Violation Report according to the model prescribed in Appendix 3 issued together with this Circular and transfer the report to the authority with the power to impose penalties as prescribed.

2. The Administrative Violation Report shall be drafted in three copies, the inspecting party retains one copy, the inspected party retains one copy, and sends one copy to the authority with the power to impose penalties. The report shall be stamped and numbered for management purposes. Used reports, including those with errors or cancellations, must be managed and retained fully as prescribed."

11. Amend Article 24 as follows:

"Article 24. Transfer of Inspection Reports and Violation Files

1. Inspection Reports drafted by Power Inspectors of electricity units

In cases where the electricity buyer commits breaches of the electricity purchase and sale contract as stipulated in Clause 2, Article 13 of Decree No. 137/2013/ND-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, the Inspection Report and all items and documents proving the violation must be kept at the electricity unit for handling or transferred to the relevant electricity unit for handling within two working days from the date of drafting the report.

2. Inspection Reports drafted by Power Inspectors of the Ministry of Industry and Trade, Departments of Industry and Trade, and County-level Power Inspectors

In cases where breaches of the electricity purchase and sale contract as stipulated in Article 13 of Decree No. 137/2013/ND-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 occur, the Inspection Report and all items and documents proving the violation must be transferred to the party that was violated for handling within two working days from the date of drafting the report.

3. Time limit for transferring inspection reports and violation files in cases of administrative violations in the field of electricity

1. In cases of administrative violations in the field of electricity, the Inspection Report and Administrative Violation Report must be transferred to the authority with the power to impose administrative penalties within two working days from the date of completing the report, except in the case provided for in Point b of this Clause;
2. In cases of electricity theft or cases with many complex circumstances or cases requiring explanation under Clause 1, Article 61 of the Law on Handling Administrative Violations, the Inspection Report, Administrative Violation Report, Temporary Seizure Report for Items and Tools Involved in Violations, and all seized items and tools (if any) must be transferred to the authority with the power to impose administrative penalties immediately after completing the full file of the violation as prescribed in Article 33 of this Circular but not later than five working days.

4. In cases where the violation has signs of criminal law violations, the file and all items and tools involved in the violation shall be transferred to the investigation agency for handling in accordance with the law."

12. Amend Points c and d of Clause 3, Article 26 as follows:

1. Amend Point c of Clause 3, Article 26 as follows: "c) Copy of the Electricity Purchase and Sale Contract;"
2. Amend Point d of Clause 3, Article 26 as follows: "d) Copy of the Electricity Business License (if applicable)."

13. Add Clause 4 to Article 29 as follows:

"4. Not to implement adjustments when the electricity buyer notifies and meets the conditions for increasing the number of households using shared meters or notifies and meets the conditions for increasing the residential electricity consumption quota

a) The electricity seller must refund the excess amount collected to the electricity buyer during the period of violation. The period of violation is calculated from the billing period immediately following the notification and meeting the conditions for increasing the number of households using shared meters or notifying and meeting the conditions for increasing the residential electricity consumption quota until the date the electricity seller implements the adjustment increase;

b) Penalty for breach of contractual obligations as agreed upon by both parties in the electricity purchase and sale contract."

14. Add Clause 6 to Article 30 as follows:

"6. Failure to notify the electricity seller when reducing the number of households using shared meters or reducing the residential electricity consumption quota."

a) The electricity buyer must pay the electricity seller the amount of the difference during the period of violation. The period of violation is calculated from the billing period in which the electricity buyer reduces the number of households using shared meters or reduces the usage quota for residential electricity without notifying the electricity seller until the point at which the electricity seller implements the adjustment. If the electricity buyer cannot present documentation to prove the time when the number of households using shared meters or the usage quota for residential electricity was reduced, the period of violation will be calculated from the most recent inspection date of the number of households using shared meters or the usage quota for residential electricity by the electricity seller until the point at which the electricity seller implements the reduction adjustment but not exceeding 12 months;

b) Penalty for breach of contractual obligations as agreed upon by both parties in the electricity purchase and sale contract."

15. Amend Point b Clause 2 Article 32 as follows:

        Amend the phrase “The method for determining the volume of electricity consumption for other methods of electricity theft or where the method prescribed in Point a of this Clause cannot be applied” as follows: “The method for determining the volume of electricity consumption for other methods of electricity theft or where the method prescribed in Point a of this Clause cannot be applied or where the calculation result of the volume of electricity consumption according to the method prescribed in Point a of this Clause does not match the actual electricity consumption”.

16. Amend Article 33 as follows:

“Article 33. Documents and evidence of violations

1. Documents and evidence of violations related to power activities, power facility safety, and power grid operations include:

1. Notification of inspection in cases where inspections are carried out according to plans;
2. Inspection records, administrative violation records (if any);
3. Temporary detention records for evidence and means of violation in cases of detecting electricity theft and other evidence and means of violation (if any);
4. Photographs, video recordings, electronic data recording and describing the acts of violation (if any);

d) Calculation of compensation and fines for acts of violation (if any);

5. Other relevant documents, materials, and physical evidence.

2. Documents and evidence of violations related to electricity usage include:

1. Notification of inspection in cases where inspections are carried out according to plans;
2. Electricity usage inspection records, administrative violation records (if any);
3. Temporary detention records for evidence and means of violation in cases of detecting electricity theft and other evidence and means of violation (if any);
4. Inspection records of electricity metering equipment and calibration records of electricity metering equipment in cases where inspection records of electricity metering equipment are established;

d) Diagrams of electricity theft in cases of detecting acts of electricity theft; photographs, video recordings, electronic data recording and describing the acts of electricity usage violation (if any);

5. Calculation of compensation and fines for violations of regulations on electricity usage (if any);

7. Removed electricity metering equipment (if any);
8. Other relevant documents, materials, and physical evidence”.

17. Amend Article 34 as follows:

"Article 34. Management of inspection documents

1. The agency or unit managing Power Inspector has the responsibility to issue inspection records, establish, and manage the following registers: Register for tracking receipt and statistics of inspection records; Register for managing violation case files related to power activities, electricity usage, power facility safety, and power grid operations.

2. For violation case files established by Power Inspectors of power units and transferred to authorized authorities for penalties, the managing unit of Power Inspectors is responsible for retaining copies of the violation case files".

18. Amend Article 35 as follows:

“Article 35. Model minutes and model decision

Attached to this Circular is Appendix 3 on the model minutes and model decision for use during the process of inspecting and imposing administrative penalties in the field of electricity. Models not specified in this Circular shall be applied in accordance with Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing some articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures to implement the Law on Handling Administrative Violations.

19. Amend Article 36 as follows:

"Article 36. Responsibilities of the Electricity Regulatory Authority, Department of Industry and Trade

1. The Electricity Regulatory Authority shall be responsible for:

a) Organize guidance, inspection, and supervision of the implementation of regulations on the work of inspecting electricity activities, electricity usage, and the protection of safety of electricity works and networks by the Department of Industry and Trade, specialized departments under the People's Committee of districts, towns, cities under provinces, and power units;

b) Inspect and supervise the issuance and revocation of Power Inspection Officer cards by the Department of Industry and Trade.

2. The Department of Industry and Trade shall be responsible for organizing inspections and supervision of the implementation of regulations on the work of inspecting electricity activities, electricity usage, and the protection of safety of electricity works and networks by specialized departments under the People's Committee of districts, towns, cities under provinces, and power units within the province."

20. Amend Article 37 as follows:

“Article 37. Reporting System

1. Before February 15 each year, power units within the provincial territory shall be responsible for reporting to the Department of Industry and Trade on the work of inspecting electricity usage, protecting the safety of electricity works and networks by Power Inspection Officers of their power units.

2. Before March 1 each year, the Department of Industry and Trade shall be responsible for reporting to the Electricity Regulatory Authority on the organization, training, examination, issuance of Certificates of Examination Requirements, and the work of issuing and revoking Power Inspection Officer cards; the work of inspecting, handling violations of electricity activities, electricity usage, protecting the safety of electricity works and networks; the work of resolving disputes over electricity purchase and sale contracts.

3. Before March 1 each year, the Vietnam Electricity Corporation shall be responsible for reporting to the Electricity Regulatory Authority on the work of inspecting electricity usage, protecting the safety of electricity works and networks by Power Inspection Officers of the Vietnam Electricity Corporation, National Power Transmission Corporation, and other Electricity Corporations.

21. Amend the name of Chapter III, Chapter V, and some Articles as follows:

1. Amend the name of Chapter III as follows: "Chapter III. Inspection of Electricity Activities, Electricity Usage, and Protection of Safety of Electricity Works and Networks";
2. Amend the name of Chapter V as follows: "Chapter V. Management of Case Files and Contraband, Means of Violation of Electricity Activities, Electricity Usage, and Protection of Safety of Electricity Works and Networks";
3. Amend the name of Article 16 as follows: "Article 16. Principles of Inspection";
4. Amend the name of Article 17 as follows: "Article 17. Inspection Procedures".

22. Amend the wording at Point a Clause 2 Article 30, Article 31, Point a and Point b Clause 2 Article 32, Point b and Point c Clause 3 Article 32 as follows: Replace "12 months" with "365 days".

Article 2. Repeal certain contents of Circular No. 27/2013/TT-BCT, Circular No. 06/2015/TT-BCT dated April 23, 2015 issued by the Minister of Industry and Trade to amend and supplement some circulars of the Ministry of Industry and Trade on administrative procedures in the chemical, electricity, and commodity trading exchange sectors (hereinafter referred to as Circular No. 06/2015/TT-BCT), and Circular No. 04/2016/TT-BCT dated June 6, 2016 issued by the Minister of Industry and Trade to amend and supplement some circulars of the Minister of Industry and Trade on administrative procedures in the e-commerce, chemical, alcohol production and business, trademark licensing, commodity trading exchange, energy, food safety, and electricity sectors (hereinafter referred to as Circular No. 04/2016/TT-BCT) as follows:

1. Repeal Point d Clause 1 Article 12 of Circular No. 27/2013/TT-BCT.
2. Repeal Appendix 3 on forms used in inspection and administrative penalty activities in the electricity sector issued together with Circular No. 27/2013/TT-BCT.
3. Repeal Article 6 of Circular No. 06/2015/TT-BCT.
4. Repeal Article 10 of Circular No. 04/2016/TT-BCT.

Article 3. Effectiveness

1. This Circular takes effect from November 20, 2018.

2. During the implementation of this Circular, if there are any issues, relevant units shall have the responsibility to report to the Electricity Regulatory Authority for research, proposal, and reporting to the Ministry of Industry and Trade to amend and supplement this Circular appropriately./.

 

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:Appendix 3

SOME FORMS IN ADMINISTRATIVE VIOLATION HANDLING

IN THE ELECTRICITY SECTOR
(Issued together with Circular No. 31/2018/TT-BCT dated October 5, 2018)

issued by the Minister of Industry and Trade)

 

Model Decision No. 01

(This model is used to impose administrative penalties in the electricity sector according to the procedure with inspection records and administrative violation penalty files as stipulated in Article 57 of the Law on Handling Administrative Violations)

 

Pursuant to …;

Administrative Offences Sanctions in the electricity sector

Pursuant to Article 57, Article 68 of the Law on Handling Administrative Violations;

Pursuant to Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government on administrative penalties in the electricity, dam safety, and energy efficiency sectors;

Pursuant to Administrative Violation Record No. …/BB-VPHC dated …/…/…;

Pursuant to Direct Interview Session Record No. …/BB-GTTT dated …/…/…; - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).;

Pursuant to Violation Case Verification Record No. …/BB-XM dated …/…/…; - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).;

Pursuant to Decision on Delegation of Administrative Violation Imposition Authority No. …/QĐ-GQXP dated …/…/…; - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).,

I: …

Position^([3]):.......................................................................................................

DECISION:

Article 1. Imposing administrative penalty on <Mr./Mrs./Organization> named as follows:

<1. Full name>: …Gender: …

Date of birth: …/…/…Citizenship: …

Occupation: …

Current Residence: ...

Personal identification number/ID card/passport: …; date of issue: …/…/…; place of issue: …

<1. Name of violating organization>: ............................................................................

Main office address: …

Food Safety Permit Number: …Date of Issue/Issuing Authority: …(for establishments required to obtain a Food Safety Permit under regulations)

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of issue: …/…/…; place of issue: …

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.^([4]): …Gender: …

Position^([5]): ..................................................................................................

2. Has committed the following administrative violation^([6]): ..............................................

3. The provisions at^([7]): ............................................................................................

4. Aggravating circumstances - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

.........................................................................................................................

5. Mitigating circumstances - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

.........................................................................................................................

6. Subject to the following administrative penalties and measures to mitigate consequences:

a) Principal form of penalty^([8]):………………………………………………..

Specifically^([9]):..........................................................................................................

b) Additional form of penalty - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).^([10]):......................................................

c) Measures to mitigate consequences - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).^([11]):............................................

Time limit for implementing measures to mitigate consequences^([12]) …days, starting from the date of receipt of this Decision.

All costs incurred in organizing the implementation of measures to mitigate consequences shall be borne by the individual/organization named in this Article.

The individual/organization named in this Article must repay the amount of funds: …

(In words:…)

for^([13]): …….............................................................................................................
which is the agency that has implemented measures to mitigate consequences as prescribed in Clause 5, Article 85 of the Law on Handling Administrative Violations.

Article 2. This Decision takes effect from …/…/…

Article 3. This Decision is:

1. Given to Mr./Mrs.^([14]) …the violator/representative of the violating organization named in Article 1 of this Decision for compliance.

Mr./Mrs./Organization named in Article 1 must strictly comply with this administrative penalty decision. If beyond the deadline, Mr./Mrs./Organization⁽¹⁵⁾…does not voluntarily comply, it will be enforced compulsorily in accordance with the law.

Mr./Mrs./Organization^([15]) .......................................................................................
must pay the fine at^([16])...........................................................................................
or deposit the fine into account number^([17]): …of^([18]) ......................................
within …days, starting from the date of receipt of this Administrative Violation Penalty Decision.

Mr./Mrs./Organization⁽¹⁵⁾…has the right to appeal or initiate administrative litigation against this Decision in accordance with the law.

2. Sent to⁽¹⁸⁾ …to collect fines.

3. Sent to^([19]) …to organize enforcement./.

Model Decision No. 02

(This form is used to apply measures to remedy consequences in cases where there is no administrative violation penalty decision as prescribed in Article 65 of the Law on Handling Administrative Violations or where the administrative penalty decision is not enforced due to the death, disappearance of the person subject to punishment, or the dissolution or bankruptcy of the organization subject to punishment as prescribed in Article 75 of the Law on Handling Administrative Violations)

 

Pursuant to …;

Apply Measures to Remedy Consequences in the electricity sector

Pursuant to Clause 2 of Article 28, Article 65, Article 75, and Article 85 of the Law on Handling Administrative Violations;

Pursuant to the Administrative Violation Record No.: …/BB-VPHC dated …/.../…;

Pursuant to the Decision on Granting Power to Impose Administrative Penalties No. …/QĐ-GQXP dated …/…/… (if applicable),

To thoroughly remedy the consequences caused by the administrative violation,

I: …

Position⁽[22]⁾: ......................................................................................................

DECISION:

Article 1. Apply measures to remedy consequences caused by the administrative violation against <Mr./Mrs./Organization> named as follows:

<1. Full name>: …Gender: …

Date of birth: …/…/…Citizenship: …

Occupation: …

Current place of residence:…

Personal identification number/ID card/passport:…; date of issue:…/…/…;
place of issue: …

<1. Name of violating organization>:..............................................................................

Main Office Address:...

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of issue: …/…/…; place of issue: …

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.⁽[23]⁾: …Gender: …

Position⁽[24]⁾: ..................................................................................................

2. Must implement measures to remedy consequences for having committed an administrative violation as prescribed at:

a) Point…Clause…Article…Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government regarding administrative penalties in the field of electricity, safety of hydropower dams, and energy conservation and efficiency;

b) Point…Clause…Article…Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government regarding administrative penalties in the field of electricity, safety of hydropower dams, and energy conservation and efficiency.

3. The consequences caused by the administrative violation that need to be remedied are⁽[25]⁾:

a) …

b) …

4. Reason for not issuing an administrative penalty decision⁽[26]⁾: ……................................................

5. Measures to remedy consequences that must be implemented include⁽[27]⁾:

a) …

b) …

6. All costs incurred in organizing the enforcement of measures to remedy consequences shall be borne by the individual/organization named in this Article.

Mr./Mrs./Organization named in this Article must reimburse the amount of funds: …

(In words: ...)
for ⁽[28]⁾: .....................................................................................................................
which is the agency that has implemented measures to mitigate consequences as prescribed in Clause 5, Article 85 of the Law on Handling Administrative Violations.

Article 2. This Decision takes effect from …/…/…

Article 3. This Decision is:

1. Given to Mr./Mrs.⁽[29]⁾ …the violator/representative of the violating organization named in Article 1 of this Decision for compliance.

Mr./Mrs./Organization named in Article 1 of this Decision who has been subject to measures to remedy consequences due to administrative violations must comply with this Decision. If beyond the time limit specified in Article 1 of this Decision, Mr./Mrs./Organization⁽[30]⁾ …does not voluntarily comply, it will be enforced compulsorily in accordance with the law.

Mr./Mrs./Organization⁽¹¹⁾ …has the right to appeal or initiate administrative litigation against this Decision in accordance with the law.

2. Sent to⁽[31]⁾…to organize enforcement./.

Model Decision No. 03

(This form is used to temporarily detain objects and means of administrative violations in the field of electricity according to administrative procedures prescribed in Article 125 of the Law on Handling Administrative Violations)

Pursuant to …;

Seizure of Contraband Items and Means of Transportation Involved in Administrative Violations in the electricity sector

Pursuant to Article 125 of the Law on Handling Administrative Violations;

Pursuant to Decision on Delegation of Administrative Violation Imposition Authority No. …/QĐ-GQXP dated …/…/…; - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).,

I: …

Position⁽[34]⁾: ......................................................................................................

DECISION:

Article 1. Temporarily detain objects and means of administrative violations of <Mr./Mrs./Organization> named as follows:

<1. Full name>: …Gender: …

Date of birth: …/…/…Citizenship: …

Occupation: …

Current place of residence:…

Personal identification number/ID card/passport:…; date of issue:…/…/…;
place of issue: …

<1. Name of violating organization>:..............................................................................

Main Office Address:...

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of issue: …/…/…; place of issue: …

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.⁽[35]⁾: …Gender: …

Position⁽[36]⁾: ..................................................................................................

2. The temporary detention of objects and means of administrative violations will be recorded in a record attached to this Decision.

3. The sealing of objects and means of administrative violations being temporarily detained according to administrative procedures will be recorded in a record attached to this Decision (if applicable).

4. Reason for temporary detention⁽[37]⁾: .........................................................................................

5. Duration of temporary detention: ... days, from …day …/…/…to day …/…/…

6. Place of temporary detention⁽[38]⁾:.....................................................................................

Article 2. This Decision takes effect from the date of signature.

Article 3. This Decision is:

1. Given to Mr./Mrs.⁽[39]⁾ …the violator/representative of the violating organization named in Article 1 of this Decision for compliance.

Mr./Mrs./Organization⁽[40]⁾ …has the right to appeal or initiate administrative litigation against this Decision in accordance with the law.

2. Sent to⁽[41]⁾…to organize enforcement./.

Model Decision No. 04

(This form is used to confiscate objects of administrative violations in cases where there is no administrative violation penalty decision as prescribed in Clause 2 of Article 65 of the Law on Handling Administrative Violations)

Pursuant to …;

Confiscate Objects of Administrative Violations in the electricity sector

Pursuant to Clause 2 of Article 65 of the Law on Handling Administrative Violations;

Pursuant to the Administrative Violation Record No.: …/BB-VPHC dated …/…/…;

Pursuant to the Record of Investigation of Circumstances of the Administrative Violation Case No. …/BB-XM dated …/…/… (if applicable);

Pursuant to Decision on Delegation of Administrative Violation Imposition Authority No. …/QĐ-GQXP dated …/…/…; - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).,

I: …

Position⁽[45]⁾: .....................................................................................................

DECISION:

Article 1. Confiscate objects of administrative violations as recorded in the record attached to this Decision.

1. Reason for not issuing an administrative penalty decision⁽[46]⁾: ........................................................

2. The above-mentioned objects of administrative violations will be transferred to⁽[47]⁾: ..................

…for handling in accordance with the law.

3. Documents attached⁽[48]⁾:.....................................................................................

Article 2. This Decision takes effect from the date of signature.

Article 3. This Decision is sent to⁽[49]⁾ …to organize enforcement./.

Model Decision No. 05

(This form is used to return objects and means of administrative violations that have been temporarily detained to the owner, manager, or lawful user in cases where they have been seized through administrative procedures as prescribed in Article 126 of the Law on Handling Administrative Violations)

Pursuant to …;

Return Objects and Means of Administrative Violations

that have been temporarily detained in the electricity sector

Pursuant to Article 126 of the Law on Handling Administrative Violations;

Pursuant to the Decision on Temporary Detention of Objects and Means of Administrative Violations No. …/QĐ-TGTVPT dated …/…/…of⁽[52]⁾ ...........................................................;

Pursuant to the Decision on Extension of the Period of Temporary Detention of Objects and Means of Administrative Violations No. …/QĐ-KDTGTVPT dated …/…/... of⁽[53]⁾ ..................... - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).;

Pursuant to Decision on Delegation of Administrative Violation Imposition Authority No. …/QĐ-GQXP dated …/…/…; - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).,

I: …

Position⁽[54]⁾: ......................................................................................................

DECISION:

Article 1. Return objects and means of administrative violations that have been temporarily detained to <Mr./Mrs./Organization> named as follows:

<1. Full name>: …Gender: …

Date of birth: …/…/ …Nationality: …

Occupation: …

Current place of residence:…

Personal identification number/ID card/passport:…; date of issue:…/…/…;
place of issue: …

<1. Name of organization>: ...........................................................................................

Main Office Address:...

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of issue:…/…/…; place of issue: …

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.⁽[55]⁾: …Gender: …

Position⁽[56]⁾: ...................................................................................................

2. The return of objects and means of administrative violations that have been temporarily detained will be recorded in a record attached to this Decision.

3. The unsealing of objects and means of administrative violations that have been temporarily detained according to administrative procedures will be recorded in a record attached to this Decision (if applicable).

4. Reason for returning: The objects and means currently being temporarily detained belong to the lawful ownership/management/use of …<ownership/management/rights of use>> of …⁽[57]⁾ which were illegally appropriated or used without permission to commit administrative violations.

Article 2. This Decision takes effect from the date of signature.

Article 3. This Decision is:

1. Given to Mr./Mrs.⁽[58]⁾ …is the individual/representative of the organization named in Article 1 of this Decision to execute.

Mr./Mrs./Organization⁽⁸⁾ …has the right to appeal or initiate administrative litigation against this Decision in accordance with the law.

2. Sent to⁽[59]⁾…to organize enforcement./.

Model Decision No. 06

(This form is used to enforce the cessation of power supply in the field of electricity against individuals/organizations that violate regulations and refuse to voluntarily comply with administrative penalty decisions or decisions applying measures to remedy consequences as prescribed)

 

Pursuant to …;

Enforce Cessation of Power Supply in the Field of Electricity

Pursuant to Articles 86 and 87 of the Law on Handling Administrative Violations;

Pursuant to Article 43 of Decree No. 134/2013/NĐ-CP dated October 17, 2013 of the Government regarding administrative penalties in the field of electricity, safety of hydropower dams, and energy conservation and efficiency;

Pursuant to the Decision on Granting Power to Enforce Administrative Penalty Decisions No. …/QĐ-GQCC dated …/…/… - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).;

To ensure compliance with the Decision <administrative penalty decision/measures to remedy consequences in the field of electricity>No. …/QĐ-^([62]) <XPVPHC/KPHQ>dated …/…/…ofEnforce cessation of power supply to implement the Decision^([63]) No. …/QĐ-^([64])................................,

I: …

Position^([65]): .........................................................................................................

DECISION:

Article 1. administrative penalty decision/measures to remedy consequences due to administrative violations <administrative penalty decision/measures to remedy consequences in the field of electricity>No. …/QĐ-⁽³⁾ 2. Reason for enforcement: Refusal to voluntarily comply with the Decisiondated …/…/…ofEnforce cessation of power supply to implement the Decision⁽⁴⁾ No. …/QĐ-⁽⁵⁾.......................<<administrative penalty decision/measures to remedy consequences in the field of electricity>>^([66]) for <Mr./Mrs./Organization> named as follows:

<1. Full name>: …Gender: …

Date of birth: …/…/…Citizenship: …

Occupation: …

Current place of residence:…

Personal identification number/ID card/passport: …; date of issue: …/…/…; place of issue: …

<1. Name of violating organization>:.................................................................................

Main Office Address:...

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of issue: …/…/…; place of issue: …

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.^([67]): …Gender: …

Position^([68]): .....................................................................................................

3. Location of enforcement : …, starting from the date of receipt of this Decision.^([69]) <XPVPHC/KPHQ>dated …/…/…ofEnforce cessation of power supply to implement the Decision^([70]) No. …/QĐ-^([71])..........................

5. Agencies and organizations to cooperate^([72]): ..................................................................

4. Implementation Period^([73])..., from the date of receipt of this Decision.

5. Agencies and organizations to coordinate^([74]):.........................................................................

Article 2. This Decision takes effect from …/…/…

Article 3. This Decision is:

1. Direct the individual/organization named in Article 1 of this Decision to enforce the compulsory execution measures imposed for administrative violation penalties.

The individual/organization named in Article 1 must implement this Decision and bear all costs related to organizing the compulsory enforcement measures to stop electricity supply.

Mr./Mrs./Organization^([75]) …has the right to appeal or initiate administrative litigation against this Decision in accordance with the law.

2. Sent to^([76])…to organize enforcement./.

Sample Record Number 01

(This model is used by the Electricity Inspector of the state management agency when conducting inspections on electricity operations, electricity usage, and protection of power facilities and grids; it is also used by the Electricity Inspector of transmission and distribution units when conducting inspections on the protection of power facilities and grids)

INSPECTION RECORD

At ... hours ..., on ..., month ..., year ..., at ...

I. COMPOSITION

1. Inspection Team:

1.1 ... Position ...

Electricity Inspector Card No.:...

1.2 ... Position ...

1.3 ... Position ...

.............................................................................................................................

2. Party Inspected:

<Full Name>: ... Gender: ...

Date of Birth:.../.../... Nationality: ...

Identity card or passport number:…

Current Residence: ...

Personal identification number/ID card/passport:…; date of issue:…/…/…;
Issuing Authority:...

Customer Code: ...

<Name of Organization>:...................................................................................................

Main office address: …

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of Issue:.../.../...; Issuing Authority: ...

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.⁽[77]⁾:... Gender: ...

 

Position⁽[78]⁾: ......................................................................................................

3. Witness: - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

3.1........................................................................................................................

3.2........................................................................................................................

II. CONTENT OF INSPECTION

.............................................................................................................................

.............................................................................................................................

III. ATTACHMENT TO THE INSPECTION RECORD - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

.............................................................................................................................

.............................................................................................................................

IV. CONCLUSION OF INSPECTION

.............................................................................................................................

.............................................................................................................................

During the inspection process, <representative of the inspected party/electricity user/witness>⁽[79]⁾ was always present at the site and witnessed the entire inspection process. The inspectors did not infringe upon or damage the property of the inspected party.

The record ends at ... hours ..., on ..., month ..., year ...

The record has been read aloud to those present, acknowledged as correct, and signed below by all parties.

This record is made in three copies; the inspected party retains one copy to follow the contents of the record, while the inspecting party retains two copies./.

Opinion of the inspected party: - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).  

……………………………………………………….…………………………

.…………………………………………………………………………………

….…………………………………………………………............……............

Sample Record Number 02

(This model is used by the Electricity Inspector of wholesale and retail electricity units when conducting electricity usage inspections)

 RECORD OF ELECTRICITY USAGE INSPECTION

At ... hours ..., on ..., month ..., year ..., at ...

I. COMPOSITION

1. Inspection Team:

1.1 ... Position:...

Electricity Inspector Card No.:...

1.2 ... Position: ...

1.3 ... Position:...

2. Party Inspected:

<Full Name>: ... Gender: ...

Date of Birth:.../.../... Nationality: ...

Identity card or passport number:…

Current Residence: ...

Personal identification number/ID card/passport:…; date of issue:…/…/…;
Issuing Authority:...

<Name of Organization>:...................................................................................................

Main office address: …

Business Registration Number:...

Investment registration certificate/business registration certificate or establishment permit/activity registration: …

Date of Issue:.../.../...; Issuing Authority: ...

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.^([80]):... Gender: ...

Position^([81]): ......................................................................................................

3. Witness: - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).^([82])

3.1..................................................................………………..…………………

3.2.........................................................................…………..………………….

II. CONTENT OF INSPECTION

1. The inspection team conducted an electricity usage inspection at: .........................

Customer Code ...

Address ...

Phone ...

2. Current metering system status:

Meter type: ... Production number......No...

Current:...Voltage:...TU...TI...

Multiplier factor ...

Meter reading at the time of inspection:...

3. Status at the time of inspection:

.............................................................................................................................

4. Attachment to the inspection record electricity usage (including wiring diagrams, violation diagrams, equipment power lists, etc.): - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).

.............................................................................................................................

III. CONCLUSION OF INSPECTION

.............................................................................................................................

During the inspection process, the electricity user or witness was always present at the site and witnessed the entire inspection process. The inspectors did not infringe upon or damage the property of the electricity user.

The record ends at ... hours ..., on ..., month ..., year ...

The record has been read aloud to those present, acknowledged as correct, and signed below by all parties.

This record is made in three copies; the inspected party retains one copy to follow the contents of the record, while the inspecting party retains two copies.

Opinion of the electricity user: (if applicable)

...........................................................................................................................

Sample Record Number 03

(This model is used to create administrative violation records as stipulated in Article 58 of the Law on Handling Administrative Violations and Article 23 of Circular No. 27/2013/TT-BCT)

 

ADMINISTRATIVE VIOLATION RECORD

In the field of electricity

Today, at ... hours ..., on ..., /.../..., at ^([84])....................................................

............................................................................................................................

Based on ... ^([85])

We include:

1. Full Name: ... Position: ... ^([86])

Agency: …

2. With the presence of ^([87]):

a) Full Name:... Occupation: ...

Current Address:...

b) Full Name:... Occupation: ...

Current Address:...

c) Full Name:... Position: ...

Agency:...

Conducting the creation of an administrative violation record against <Mr./Mrs./Organization> named as follows:

<1. Full name>: …Gender: …

Date of Birth:.../.../... Nationality: ...

Identity card or passport number:…

Current Residence: ...

Personal identification number/ID card/passport:…; date of issue:…/…/…;
Issuing Authority:...

<1. Name of violating organization>:..................................................................................

Main office address: …

Business Registration Number:...

Investment Registration Certificate/Enterprise Registration Number or Establishment Permit/Registration Number:

...........................................................................................................................

Date of Issue:.../.../...; Issuing Authority:...

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.^([88]): …Gender: …

Position^([89]): .....................................................................................................

2. There have been the following administrative violations^([90]): .....................................................

3. The provisions at^([91]).................................................................................................

4. Individual/Organization Suffered Harm^([92]):.......................................................................

5. Statement of the violator/representative of the violating organization:...

.....................................................................................................................................

6. Statement of the witness - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:...........................................

7. Statement of the individual/organization suffered harm - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:............................

8. We have requested the violator/representative of the violating organization to immediately cease the violation.

9. Measures to prevent and ensure the handling of administrative violations were applied, including ^([93]).............................................................................................................

10. We temporarily seized the items/equipment involved in the administrative violation^([94]) as detailed in the Temporary Seizure Record of Items/Equipment Involved in Administrative Violations in the Field of Electricity No.: .../BB-TGTVPT dated ..., /.../...

Apart from the items/equipment involved in the administrative violation and the documents mentioned above, we did not seize any other items; we did not infringe upon or damage the property of the violator/representative of the violating organization.

11. Within^([95])... working days from the date of issuance of this record, Mr./Ms.^([96]) ...the violator/representative of the violating organization has the right to submit <a direct explanation request/document explaining> to Mr./Ms. ^([97])...to exercise the right to explain.

This record was completed at ... hours ..., on ..., /.../..., consisting of ... pages, made in ... copies with identical content and value; it has been read aloud to the individuals named above, acknowledged as correct, and signed below; one copy is given to Mr./Ms.⁽¹⁴⁾ ...the violator/representative of the violating organization, one copy retained for file.

<In case the violator/representative of the violating organization does not sign the record>

Reason why Mr./Ms.⁽¹⁴⁾ ...the violator/representative of the violating organization did not sign the record^([98]):...........................................................................

 

Sample Record Number 04

(This model is used to create a temporary seizure record of items/equipment involved in administrative violations when discovering acts of electricity theft)

RECORD

Seizure of Contraband Items and Means of Transportation Involved in Administrative Violations in the electricity sector

Based on the Administrative Violation Record in the Field of Electricity No.: ......../BB-VPHC dated ..., /.../...by Mr./Ms. ^([100])...,

Enforcing the Decision on Temporary Seizure of Items/Equipment Involved in Administrative Violations in the Field of Electricity No.:.../QĐ-TGTVPT dated ..., /.../...of ^([101]).............. - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).,

Today, at ... hours ..., on ..., /.../..., at^([102]) ....................................................

We include:

1. Full name:^([103])...Position: ...

Agency: …

Full Name: ...Position: ...

Agency: …

2. With the presence of^([104]):

a) Full Name:...Occupation: ...

Current Address:...

b) Full Name:...Position: ...

Agency:...

Creating a temporary seizure record of items/equipment involved in administrative violations <of/but>^([105]) ...............................................................................................

<1. Full name>: …Gender: …

Date of Birth:.../.../... Nationality: ...

Occupation: …

Current Residence: ...

Personal identification number/ID card/passport:…; date of issue:…/…/…;
place of issue: …

<1. Name of violating organization>:.................................................................................

Main office address: …

Food Safety Permit Number: …Date of Issue/Issuing Authority: …(for establishments required to obtain a Food Safety Permit under regulations)

Investment Registration Certificate/Enterprise Registration Number or Establishment Permit/Registration Number:

............................................................................................................................

Date of Issue:.../.../...; Issuing Authority:...

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.^([106]): …Gender: …

Position^([107]): .....................................................................................................

2. Items/Equipment Involved in Administrative Violations Seized Temporarily, Including:

Apart from the contraband items, vehicles/equipment involved in administrative violations and the documents mentioned above, we did not detain any other items.

3. Statement of the individual who committed the violation or representative of the violating organization:

............................................................................................................................

4. Statement of witness - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

.............................................................................................................................

5. Additional comments - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

.............................................................................................................................

This record was completed at...hours..., on.../.../..., consisting of...pages, made in...copies with identical content and value; it has been read aloud to the individuals named above, acknowledged as correct, and signed below by all; handed over to Mr. (Mrs.)^([108])...the violator/representative of the violating organization, one copy retained for file.

<In case the violator/representative of the violating organization does not sign the record>

Reason why Mr./Ms.⁽⁸⁾...the violator/representative of the violating organization did not sign the record^([109]):...........................................................................

.....................................................................................................................................

 

 

Model Record No. 05

(This model is used for implementing the confiscation of contraband items and vehicles/equipment involved in administrative violations as stipulated in Clause 2 Article 65, Clause 1 Article 81 and Clause 4 Article 126 of the Law on Handling Administrative Violations)

RECORD

AT… in the electricity sector

Implementation of the Decision <administrative penalty/confiscation of contraband items and vehicles/equipment involved in administrative violations/confiscation of contraband items involved in administrative violations>^([111]) <XPVPHC/KPHQ><XPVPHC/TTTVPT/TTTV>^([112]) No. …/QĐ-^([113])...............................................

Today, at...hours..., on.../.../..., at^([114]) ....................................................

We include:

1. Full name:…Position:…

Agency:...

Full name: …Position:…

Agency: …

2. With the presence of^([115]):

a) Full Name:...Occupation: ...

Current place of residence: …

b) Full Name:...Position: ...

Agency:...

Proceeding to confiscate <contraband items and vehicles/equipment involved in administrative violations/contraband items involved in administrative violations> ^([116]) <of/belonging to>^([117]).......................................................................

<1. Full name>: …Gender: …

Date of Birth:.../.../... Nationality: ...

Occupation: …

Current Residence: ...

Personal identification number/ID card/passport:…; date of issue:…/…/…;
Issuing Authority:...

<1. Name of violating organization>:..................................................................................

Main office address: …

Food Safety Permit Number: …Date of Issue/Issuing Authority: …(for establishments required to obtain a Food Safety Permit under regulations)

Investment Registration Certificate/Enterprise Registration Number or Establishment Permit/Registration Number:

............................................................................................................................

Date of issue: …/…/…; place of issue: …

The General Director is the legal representative of the Company, having rights and obligations as stipulated in this Charter.^([118]): …Gender: …

Position^([119]):.....................................................................................................

2. Contraband items and vehicles/equipment involved in administrative violations being confiscated, including:

3. Statement of the individual being penalized or representative of the organization being penalized:

.....................................................................................................................................

4. Statement of witness - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

.....................................................................................................................................

5. Additional comments - Column (7): Land area in land allocation decisions, lease decisions, or documents of the competent authority or actual land area managed and used (applicable to assets that are buildings and land).:

.....................................................................................................................................

Apart from those <contraband items and vehicles/equipment involved in administrative violations/contraband items involved in administrative violations>⁽⁷⁾ mentioned above, we did not confiscate any additional items.

This record consists of...pages, made in...copies with identical content and value; it has been read aloud to the individuals named above, acknowledged as correct, and signed below by all; handed over to Mr. (Mrs.)^([120])…is the individual being penalized or representative of the organization being penalized 01 copy, 01 copy for file./.

 

 

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