Decision No. 39/2005/QD-BCN On the issuance of regulations on conditions, procedures, and formalities for stopping and reducing electricity supply levels

 

Pursuant to …;

Regarding the issuance of regulations on conditions, procedures, and formalities for stopping and reducing electricity supply levels

________________________

 

THE MINISTER OF INDUSTRY

Pursuant to the Electricity Law dated December 3, 2004;

Pursuant to Decree No. 105/2005/NĐ-CP dated August 17, 2005 of the Government detailing and guiding the implementation of certain provisions of the Electricity Law;

Pursuant to Decree No. 55/2003/NĐ-CP dated May 28, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry;

At the proposal of the Head of the Legal Department, the Director of the Industrial Safety Technology Agency, and the Director of the Electricity Regulation Agency,

DECISION:

Article 1. This Decision promulgates regulations on conditions, procedures, and formalities for stopping and reducing electricity supply levels.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 52/2001/QĐ-BCN dated November 12, 2001 of the Minister of Industry regarding the issuance of regulations on procedures and formalities for stopping electricity supply.

Article 3. The Heads of the Ministry's Office, the Inspectorate, the Department Heads, the Agency Directors under the Ministry, the General Directors of Vietnam Electricity Corporation, the Directors of Provincial Industry Departments under centrally governed cities, and the Heads of relevant agencies and units shall be responsible for implementing this Decision.

REGULATIONS

On conditions, procedures, and formalities for stopping and reducing electricity supply levels

(Issued together with Decision No. 39/2005/QĐ-BCN dated December 23, 2005 of the Minister of Industry)

PART I
GENERAL PROVISIONS

Article 1. Scope and Applicability

These regulations stipulate the procedures and formalities for stopping and reducing electricity supply levels and shall apply to power units and electricity consumers during power operations.

Article 2. Interpretation of Terms

In these regulations, the following terms are understood as follows:

Stopping or reducing electricity supply due to force majeure events means stopping or reducing electricity supply in cases where the event occurs objectively, beyond the control, anticipation, and avoidance of the power seller despite the application of all necessary measures within their capacity.

Reducing electricity supply level refers to reducing the supplied power capacity or production compared to the agreed power capacity or production in the electricity purchase and sale contract due to insufficient power sources, accidents, or overload.

Important electricity consumer is a consumer determined by the People's Committee of provinces or centrally governed cities based on political, social, security, and defense importance who is not subject to power rationing when there is a shortage of electricity.

Article 3. Notification of stopping or reducing electricity supply levels

1. In all cases of stopping or reducing electricity supply levels, the power seller must notify the power buyer, except in cases provided for in Article 5 of these regulations.

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

a) Location of stopping or reducing electricity supply.

b) Reason for stopping or reducing electricity supply.

c) Time of starting to stop or reduce electricity supply.

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

The notification of stopping or reducing electricity supply levels shall be carried out through mass media in one of the forms: written text, telegram, telephone, fax, email, as agreed upon and recorded in the electricity purchase and sale contract.

The person signing the notification of stopping or reducing electricity supply levels from the power unit is the representative or authorized person according to the law.

Chapter II
CASES OF STOPPING AND REDUCING ELECTRICITY SUPPLY LEVELS

Article 4. Non-emergency stopping or reducing electricity supply levels

The power seller may stop or reduce electricity supply levels non-emergently in the following cases:

1. Stopping or reducing electricity supply levels according to the power seller's plan for maintenance, repair, major overhaul, construction of electrical works, load adjustment due to power shortages, and other needs according to the plan.

2. Stopping electricity supply at the request of related organizations or individuals for safety reasons during construction work.

3. Stopping or reducing electricity supply levels at the request of the power buyer.

Article 5. Emergency cessation or reduction of electricity supply

The electricity seller shall cease or reduce the level of electricity supply in emergency situations in the following cases:

1. Due to accidents occurring in the power system.

2. There is a risk of causing accidents, serious safety hazards to people, equipment, and the power system.

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

4. Due to third parties violating the power grid corridor causing accidents that the electricity seller cannot control.

5. Due to force majeure events.

Article 6. Cessation of electricity supply due to organizations or individuals violating laws on electricity activities and electricity usage

When organizations or individuals violate provisions of the Electricity Law regarding electricity activities and electricity usage, the electricity seller may cease electricity supply in the following cases:

1. Violating Clause 1, Clause 4, Clause 5, Clause 6, Clause 7, and Clause 8 of Article 7 of the Electricity Law.

2. Customers failing to comply with the provisions at Point a and Point b of Clause 2 of Article 46, and Points b and c of Clause 2 of Article 47 of the Electricity Law.

3. At the request of competent state agencies for administrative penalties in the field of electricity.

Chapter III
PROCEDURE FOR CESSATION OR REDUCTION OF ELECTRICITY SUPPLY

Article 7. Procedure for non-emergency cessation or reduction of electricity supply

1. In the case of non-emergency cessation or reduction of electricity supply, the electricity seller must notify the electricity buyer at least five days before the cessation or reduction of electricity supply, through the following methods:

a) Sending a written notice or other notification method agreed upon by both parties in the contract to customers using electricity averaging over 100,000 kWh/month and important electricity users;

b) Announcing on mass media for the remaining organizations and individuals using electricity.

2. After notifying the cessation or reduction of electricity supply, the electricity seller shall proceed with the cessation or reduction of electricity supply according to the contents of the notification.

3. If the electricity buyer requests a change in the time of cessation or reduction of electricity supply, they must discuss with the electricity seller at least 48 hours before the cessation or reduction of electricity supply. The electricity seller has the responsibility to consider and reasonably resolve the request of the electricity buyer.

If the cessation or reduction of electricity supply cannot be postponed, the electricity seller can still cease or reduce electricity supply according to the plan but must notify the electricity buyer again at least 24 hours before the cessation or reduction of electricity supply already notified.

In the case of accepting changes in time or postponing the cessation or reduction of electricity supply, the electricity seller must notify the electricity buyer at least 24 hours before the cessation or reduction of electricity supply already notified, except in cases of force majeure.

4. After implementing the cessation or reduction of electricity supply, the electricity seller must record the time, content, and procedure of the cessation or reduction of electricity supply in the work logbook or operation logbook.

5. The electricity seller must restore electricity supply according to the notified deadline. If the restoration of electricity supply is delayed by more than one hour compared to the notified deadline, the electricity seller must notify by phone the customers using electricity averaging over 100,000 kWh/month and important electricity users about the time of restoration of electricity supply.

6. The cessation or restoration of electricity supply for the cases stipulated in Clause 2 and Clause 3 of Article 4 of this Regulation shall only be carried out after the party requesting the cessation of electricity supply has fully paid the electricity seller all related costs for the cessation and restoration of electricity supply.

Article 8. Emergency cessation or reduction of electricity supply

When one of the cases stipulated in Article 5 of this Regulation occurs, the electricity seller has the right to urgently cease or reduce the level of electricity supply, then carry out the following tasks:

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

2. Within twenty-four hours, notify the customer in the form agreed upon by both parties in the contract regarding the contents specified in Clause 1 of this Article.

3. Record fully the time, cause of the incident, and procedures for ceasing power supply in the work log or operation log.

4. Coordinate with relevant parties to promptly rectify the incident to resume power supply as quickly as possible.

Article 9. Procedures for ceasing power supply due to violations of laws and regulations on electricity activities and usage by organizations and individuals

When an organization or individual commits a violation of one of the provisions stipulated in Article 6 of this Regulation, the electricity seller shall prepare a record (except in cases of violation of point a, Clause 2, Article 46 of the Electricity Law that does not require urgent cessation of power supply) and implement the cessation of power supply according to the following procedures:

1. In case of violation of Clause 1, Clause 4, Clause 5, Clause 7, and Clause 8 of Article 6 of this Regulation:

a) Violation of Clause 1, Clause 4, Clause 5, Clause 7, and Clause 8 of Article 7 of the Electricity Law if it has not reached the level requiring urgent cessation of power supply, the electricity seller shall notify the customer of the cessation of power supply twenty-four hours before the cessation time. If the customer fails to comply with the requirements recorded in the record beyond the deadline, the electricity seller may cease power supply at the time stated in the cessation notification.

b) In case the customer deliberately delays compliance with the requirements recorded in the record, after ceasing power supply, the electricity seller shall transfer all records to the local state management agency responsible for electricity activities and usage for handling according to the law.

c) Violation of Clause 6 of Article 7 of the Electricity Law (acts of stealing electricity in any form), the electricity seller shall immediately cease power supply and subsequently report to the local state management agency responsible for electricity activities and usage.

2. In case of violation of payment regulations under Clause 6 of Article 23 of the Electricity Law:

a) The customer has not paid the electricity bill and there is no agreement to postpone payment, having been notified three times by the electricity seller, then twenty-four days from the first notification date, the electricity seller has the right to cease power supply.

b) If the customer requests an agreement and is approved by the electricity seller to postpone payment, and if the postponed payment deadline is exceeded without the buyer paying off all outstanding debts, the electricity seller has the right to cease power supply.

c) When implementing the cessation of power supply, the electricity seller must notify the buyer of the cessation time twenty-four hours in advance and is not liable for damages caused by the cessation of power supply.

3. In case the buyer violates the provisions of Clause 2 (excluding payment violations) and Clause 3 of Article 6 of this Regulation, the electricity seller shall notify the buyer of the cessation of power supply twenty-four hours before the cessation time; In case the violation indicates administrative violations, transfer the records to the local state management agency responsible for electricity for handling according to the law.

4. Resumption of power supply can only be carried out after the buyer has fully implemented the decision of the competent authority and has paid all costs related to the cessation and resumption of power supply to the electricity seller.

Chapter IV
IMPLEMENTATION

Article 10. Responsibilities of the Electricity Seller

1. When stopping, reducing the level of electricity supply, and resuming power supply, the electricity seller must comply with the procedures and formalities stipulated in the current electricity safety technical regulations, procedures, and this Regulation.

2. If the electricity seller violates this Regulation, they will be subject to disciplinary action, administrative penalties, or criminal liability pursued depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Article 11. Responsibilities for Guidance and Supervision of Implementation of this Regulation

State management agencies under the Ministry of Industry responsible for electricity activities and electricity usage, and local authorities have the responsibility to disseminate, guide, and supervise the implementation of this Regulation.

Article 12. Responsibility for Implementation

The electricity seller and related organizations and individuals have the responsibility to strictly implement this Regulation.

In case of difficulties during implementation, they shall promptly report to the Ministry of Industry for consideration and resolution./.