Circular No. 43/2013/TT-BCT stipulates the contents, procedures, and processes for drafting, reviewing, approving, and amending the National and Provincial Power Development Plan.

CIRCULAR

Specifies the contents, procedures, and processes for drafting, reviewing, approving, and amending power development plans.

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Based on the Electricity Law No. 28/2004/QH11 dated December 3, 2004; the Law Amending and Supplementing Certain Provisions of the Electricity Law No. 24/2012/QH13 dated November 20, 2012;

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;

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 General of the National Energy Agency;

The Minister of Industry and Trade issues the Circular specifying the contents, procedures, and processes for drafting, reviewing, approving, and amending Power Development Plans.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1. Contents, procedures, and processes for drafting, reviewing, and approving National Power Development Plans and Provincial Power Development Plans.

2. Contents, procedures, and processes for drafting, reviewing, and approving amendments to National Power Development Plans and Provincial Power Development Plans.

3. Responsibilities for managing and supervising the implementation of power development plans at various levels.

Article 2. Applicability

This Circular applies to the following entities:

1. State agencies with authority are responsible for organizing the drafting, reviewing, approving, and managing the implementation of power development plans at various levels.

2. Consulting units for drafting power development plans at various levels.

3. Investors of power generation projects, transmission, and distribution systems.

4. Power generation units, transmission system units, and distribution system units.

Article 3. Explanation of Terms

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

1. Power development plan is a specialized electricity planning, including two levels as follows:

a) National Power Development Plan;

b) Provincial Power Development Plan (hereinafter referred to as Provincial Power Development Plan), comprising two components: Planning the development of the 110kV power system and Detailed planning for the development of medium and low voltage distribution networks following 110kV substations.

2. Planning cycle is the period during which the plan is redrafted.

3. Planning phase is the time interval between two planning cycles within the scope of the planning project.

4. Consulting unit for planning is a specialized consulting unit with a permit for electricity operation issued for the field of power development planning consultancy.

5. Large power source refers to power plants with installed capacity over 50MW.

6. Medium and small power sources refers to power plants with installed capacity up to 50MW.

Article 4. General principles in Power Development Plans

1. Agencies responsible for organizing the drafting of power development plans at various levels:

a) The Ministry of Industry and Trade is responsible for organizing the drafting of the National Power Development Plan;

b) Provincial People's Committees are responsible for organizing the drafting of Provincial Power Development Plans.

2. Planning cycle and planning phase

a) Power development plans are drafted every ten years for a ten-year planning phase and provide guidance for the next ten years;

b) Power development plans are updated and amended every five years or earlier to promptly meet the changing requirements of economic and social development.

3. Scope of the National Power Development Plan Project: includes planning large power sources and transmission systems from 220kV voltage level for the planning phase, determining the list of large power source projects and transmission grids from 220kV voltage level to be implemented during the planning phase.

4. Scope of the Provincial Power Development Plan Project: includes planning for medium and small power sources, 220kV substation power supply sources for the province, planning the 110kV grid, medium voltage grid, and estimating the total investment volume of the low voltage grid for the planning phase. The Provincial Power Development Plan comprises two components:

a) Component of Planning the Development of the 110kV Power System: includes planning 220kV substation power supply sources for the province, planning the 110kV grid, medium and small power sources, total lengths of medium voltage lines, number/total capacity (KVA) of distribution substations;

b) Component of Detailed Planning for the Development of Medium and Low Voltage Grids Following 110kV Substations: includes detailed planning of medium voltage grids following 110kV substations for counties, districts, and towns under the province, determining the list of medium voltage lines, list of medium voltage substations to be constructed during the planning phase, estimating the total length of medium voltage lines, capacity of distribution substations, and low voltage lines that need to be constructed during the planning phase.

5. Power development plans must be drafted for approval in the last year of the planning phase before it. Updated and amended plans according to the five-year cycle must be drafted for approval in the fifth year of the previous planning phase.

6. Power development plans must ensure sufficient power demand during the planning phase.

7. The National Power Development Plan must clearly define objectives, directions, solutions, policies, and the list of large power source projects and transmission systems from 220kV voltage level to be developed during the planning phase.

8. The Provincial Power Development Plan must clearly define objectives, directions, solutions, policies, and the list of medium and small power source projects, 220kV substation power supply sources for the province, 110kV power systems, and distribution networks within the provincial territory to be developed during the planning phase.

9. Transmission grids in Provincial Power Development Plans must be consistent with the National Power Development Plan.

10. The volume of medium and low voltage grids in the Detailed Planning Component for the Development of Medium and Low Voltage Grids Following 110kV Substations must be consistent with the Planning Component for the Development of the 110kV Power System.

11. Consulting units for planning with a permit for electricity operation in the field of power development planning consultancy for a certain level are permitted to lead the drafting of power development plans for the corresponding level.

12. Authorities responsible for approving power development plans at a certain level are responsible for deciding on amendments and supplements to the same-level plans.

13. Authority to approve Provincial Power Development Plans:

a) The Minister of Industry and Trade is responsible for approving the Planning Component for the Development of the 110kV Power System;

b) The Minister of Industry and Trade delegates the Chairman of the Provincial People's Committee to approve and amend and supplement the Detailed Planning Component for the Development of Medium and Low Voltage Grids Following 110kV Substations.

14. National power development planning and provincial power development planning must be established based on economic and social development plans, must be consistent with primary energy source planning for power generation including new energy sources, renewable energy, specialized power sector planning, and other related industry planning.

15. Only power projects included in the approved planning project list are permitted to connect to the national power system.

16. Power source and grid investment projects that have not been supplemented or adjusted in the power development planning are not allowed to commence investment.

Chapter II

CONTENTS, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR THE ESTABLISHMENT, REVIEW, AND APPROVAL OF POWER DEVELOPMENT PLANNING

Section 1

CONTENTS, PROCEDURES, AND PROCEDURAL REQUIREMENTS FOR THE ESTABLISHMENT, REVIEW, AND APPROVAL OF NATIONAL POWER DEVELOPMENT PLANNING

Article 5. Contents of the National Power Development Planning

The National Power Development Planning includes the following main contents:

1. Current status of the national power system and assessment of the implementation results of the previous phase's national power development planning.

2. Current status and forecast of economic and social development during the planning period.

3. Input parameters for planning and criteria for the planning period.

4. Forecast of electricity demand by province, region, and nationwide for the planning period.

5. Assessment of primary energy sources, exploitation capacity, import-export capacity of energy; assessment of electricity exchange capacity between regions; forecast of fuel prices for power production.

6. Program for developing large-scale power sources.

7. Program for developing transmission systems from 220kV voltage level and above.

8. Program for interconnecting power grids with neighboring countries.

9. Orientation and criteria for developing distribution networks (110kV, medium and low voltage).

10. Orientation and criteria for rural electrification development.

11. Orientation for developing new and renewable energy.

12. Organizational management model for the power sector.

13. Summary of investment volume and projected capital requirements for the planning period.

14. Economic and social effectiveness evaluation of the national power development program.

15. Environmental protection mechanisms and sustainable development mechanisms in national power development.

16. Land use requirements for power facilities.

17. Implementation mechanisms for planning, including organizational implementation mechanisms, financial mechanisms, and electricity pricing mechanisms.

18. Conclusions and recommendations.

(The detailed content of the National Power Development Planning Proposal is stipulated in Appendix I attached to this Circular).

Article 6. Procedures and formalities for establishing and approving the outline and budget for the National Power Development Planning

1. At least twelve (12) months before the end of the previous planning cycle, the General Department of Energy shall organize the establishment and submit to the Minister of Industry and Trade for approval of the outline and budget for the next phase's planning.

2. Based on the approved outline and budget, the Planning Department shall take the lead in coordinating with the Finance Department to register state budget funds for the establishment of the National Power Development Planning.

3. Costs for establishing, reviewing, and publishing the National Power Development Planning shall be determined according to the norms and unit prices prescribed by the Ministry of Finance and the Ministry of Industry and Trade.

Article 7. Procedures and formalities for establishing the National Power Development Master Plan

1. Based on the approved capital plan for establishing the National Power Development Master Plan, the General Department of Energy shall organize the selection of consulting units to prepare the master plan, which will be submitted for approval by the Minister of Industry and Trade.

2. The consulting unit shall carry out the preparation of the National Power Development Master Plan according to the approved planning outline and the assigned deadline. The detailed content of the National Power Development Master Plan Proposal is stipulated in Article 5 of this Circular.

3. During the planning process, the consulting unit preparing the master plan shall have the responsibility to seek written opinions from provincial People's Committees regarding the location planning of power plants and 500kV substations expected to develop within their jurisdiction during the planning period. Within thirty (30) working days from receiving the written request from the consulting unit, the provincial People's Committee must provide a written response. After this period, if the provincial People's Committee does not provide a written response, it shall be considered that the provincial People's Committee agrees with the proposed location planning of power plants and 500kV substations expected to develop within their jurisdiction during the planning period.

4. Upon completion of the draft proposal for the master plan, the consulting unit preparing the master plan shall be responsible for sending the draft proposal to Vietnam Electricity Corporation (EVN), Vietnam Oil and Gas Corporation (PVN), Vietnam Coal-Mineral Industries Group (VINACOMIN), regional electricity corporations (PCs), and National Power Transmission Corporation (NPT) to obtain official comments and finalize the proposal before submitting it to the General Department of Energy for review, and then reporting to the Minister of Industry and Trade for consideration and submission to the Prime Minister for approval.

Article 8. Procedures and formalities for reviewing and approving the National Power Development Master Plan

1. Within five (05) working days from receiving the dossier, the General Department of Energy must issue a written request for supplementation if the planning dossier is incomplete or invalid.

2. After receiving a complete and valid dossier, the General Department of Energy shall submit to the Minister of Industry and Trade for a decision to establish the National Power Development Master Plan Review Board.

The National Power Development Master Plan Review Board shall be chaired by a Deputy Minister of Industry and Trade, with the General Department of Energy Director serving as vice-chairman; members include representatives from relevant units under the Ministry of Industry and Trade, related ministries and sectors, the Vietnam Electricity Corporation, Vietnam Oil and Gas Corporation, Vietnam Coal-Mineral Industries Group, National Power Transmission Corporation, and independent experts (if necessary).

The National Power Development Master Plan Review Board may hire consultants to assist in reviewing the planning proposal. The cost of hiring consultants and independent experts shall be funded from the approved planning review budget.

3. The review period shall not exceed ninety (90) working days from the date of establishment of the National Power Development Master Plan Review Board.

4. During the review of the planning proposal, the General Department of Energy shall be responsible for soliciting written comments from related ministries and sectors to compile and prepare the review report.

The consulting unit preparing the master plan shall be responsible for preparing the strategic environmental assessment report, which shall be submitted to the Ministry of Natural Resources and Environment for approval before the Ministry of Industry and Trade submits the planning proposal to the Prime Minister for approval.

5. After receiving official written comments from related ministries, sectors, and localities on the planning proposal and based on the opinions of the Review Board and independent experts, the General Department of Energy shall be responsible for requesting the consulting unit to make amendments, additions, and final adjustments to the planning proposal.

6. Within fifteen (15) working days from when the planning proposal has been supplemented and finalized, the General Department of Energy shall be responsible for drafting the submission for approval through the Review Board members and compiling the report to the Minister of Industry and Trade for submission to the Prime Minister for approval.

7. The dossier submitted for approval by the Prime Minister includes:

a) The submission from the Ministry of Industry and Trade requesting approval of the master plan;

b) Draft decision on plan approval;

c) Five (05) sets of the completed planning proposal;

d) Fifteen (15) copies of the summary report of the planning proposal;

đ) Written agreements from provincial People's Committees regarding the location planning of power plants and 500kV substations expected to develop within their jurisdiction;

e) Comments from related ministries and sectors.

Section 2

CONTENTS, PROCEDURES AND FORMALITIES FOR ESTABLISHING, REVIEWING AND APPROVING THE PROVINCE POWER DEVELOPMENT MASTER PLAN

Article 9. Contents of the Provincial Electricity Development Plan

1. The component of the 110kV system development planning includes the following main contents:

a) Current status of provincial electricity development and evaluation of the results of implementing the previous provincial electricity development plan;

b) Current status and forecast of economic and social development of the province during the planning period;

c) Input parameters for planning and criteria for the planning period;

d) Forecast of electricity demand by district, county, town, and city directly under the province during the planning period;

đ) Planning for the development of medium and small power sources on the provincial territory, and 220kV substation power supply sources for the province;

e) Interconnection of the power grid with neighboring provinces;

g) Balance of electricity supply and demand in the province annually during the planning period;

h) Program for developing the 110kV power grid;

i) Total volume of medium voltage transmission lines and substations required to be invested and constructed during the planning period;

k) Planning for power supply to remote areas and islands not connected to the grid;

l) Environmental protection mechanisms and sustainable development in provincial electricity development;

m) Summary of land requirements for power projects;

n) Summary of investment volume and projected capital investment needs for the planning period;

o) Economic and social effectiveness assessment of the provincial electricity development plan;

p) Implementation mechanisms of the plan, including organizational implementation mechanisms and financial mechanisms;

q) Conclusions and recommendations.

(Detailed contents of the component of the 110kV system development planning are specified in Appendix II issued together with this Circular).

2. The detailed component of the medium and low voltage distribution network development planning after 110kV substations includes the following main contents:

a) Current status of the medium voltage power grid within the power supply area of the planned 110kV substation;

b) Calculation of power capacity and energy demand, annual power balance of the 110kV substation planning area during the planning period;

c) Detailed layout of the medium voltage power grid and distribution substations after the 110kV substations;

d) List of medium voltage transmission lines and distribution substations required to be invested and constructed during the planning period;

đ) Total volume of medium voltage power grid and estimated total volume of low voltage power grid required to be invested and constructed during the planning period;

e) Summary of land requirements for power projects;

g) Total capital investment demand for each level of medium and low voltage;

h) Environmental protection mechanisms and sustainable development in the development of medium and low voltage power grids;

i) Economic and social effectiveness assessment of the power development plan;

k) Implementation mechanisms of the plan;

l) Conclusions and recommendations.

Article 10. Procedures and formalities for drafting and approving the outline and budget estimate for the Provincial Electricity Development Plan

1. At least twelve (12) months before the end of the previous planning cycle, the Department of Industry and Trade shall organize the drafting and submit to the Chairman of the People's Committee of the province for approval of the outline and budget estimate for the Provincial Electricity Development Plan for the next period.

2. Based on the approved outline and budget estimate, relevant units under the People's Committee of the province shall be responsible for registering state budget funds for the drafting of the Provincial Electricity Development Plan.

3. Costs for drafting, reviewing, and announcing the Provincial Electricity Development Plan shall be determined according to the norms and unit prices prescribed by the Ministry of Finance and the Ministry of Industry and Trade.

3. The costs for preparing, reviewing, and announcing the provincial power development plan shall be determined in accordance with the norms and unit prices prescribed by the Ministry of Finance and the Ministry of Industry and Trade.

Article 11. Procedures and formalities for establishing the Power Development Plan for the province

1. For the Component of Planning the Development of the 110kV Power System:

a) Based on the approved capital plan for establishing the Component of Planning the Development of the 110kV Power System, the Department of Industry and Trade shall organize the selection of consulting units to prepare the planning component and submit it for approval by the Chairman of the Provincial People's Committee;

b) The consulting unit shall carry out the Component of Planning the Development of the 110kV Power System according to the approved planning outline and the assigned deadline. The contents of the Component of Planning the Development of the 110kV Power System are stipulated in Clause 1, Article 9 of this Circular;

c) During the planning process, the planning consulting unit shall be responsible for soliciting written opinions from the Provincial Electricity Company to complete the draft content of the planning component before submitting it to the Department of Industry and Trade;

d) The consulting unit shall be responsible for obtaining the unified written opinion of the Provincial People's Committee and proposing the locations for planning power supply projects for the province, including medium and small power sources, 220kV substations supplying power to the province, and 110kV substations planned for development during the planning period;

đ) Within fifteen (15) working days from the date of receipt of the written request from the consulting unit for agreement on the location, the Provincial People's Committee must provide a written response. After this period, if the Provincial People's Committee does not provide a written response, it will be considered that the Provincial People's Committee agrees with the proposed locations for planning power supply projects for the province during the planning period as suggested by the consulting unit;

e) After the consulting unit submits the completed draft content of the Component of Planning the Development of the 110kV Power System, the Department of Industry and Trade shall be responsible for organizing the solicitation of written opinions from the District People's Committees and relevant departments;

g) After receiving the written comments from the District People's Committees and relevant departments, the Department of Industry and Trade shall direct the planning consulting unit to incorporate and explain the comments, and perfect the dossier to report to the Provincial People's Committee for approval by the Provincial People's Council or the Standing Committee of the Provincial People's Council before submitting to the Energy General Department for review and submission to the Minister of Industry and Trade for approval;

2. For the Component of Detailed Planning for the Development of Medium and Low Voltage Distribution Networks after 110kV Substations:

a) Based on the approved capital plan for establishing the Component of Detailed Planning for the Development of Medium and Low Voltage Distribution Networks after 110kV Substations, the Department of Industry and Trade shall organize the selection of consulting units to prepare the planning component and submit it for approval by the Chairman of the Provincial People's Committee;

b) The consulting unit shall carry out the Component of Detailed Planning for the Development of Medium and Low Voltage Distribution Networks after 110kV Substations according to the approved planning outline and the assigned deadline. The contents of the Component of Detailed Planning for the Development of Medium and Low Voltage Distribution Networks after 110kV Substations are stipulated in Clause 2, Article 9 of this Circular;

c) During the planning process, the planning consulting unit shall be responsible for soliciting opinions from the Provincial Electricity Company and the District People's Committees related to the final draft content of the planning component to complete the planning content before submitting it to the Department of Industry and Trade for review.

Article 12. Procedures and formalities for reviewing and approving the provincial power development planning

1. For the component of the 110kV power system development planning;

a) After the Provincial People's Council or its Standing Committee approves the content of the planning component, the Provincial People's Committee shall complete the dossier and submit it to the General Department of Energy for review to be submitted to the Minister of Industry and Trade for approval;

b) Within five (05) working days from the date of receipt of the dossier, the General Department of Energy must issue a document requesting additional information for incomplete or non-compliant planning dossiers;

c) The dossier for review and approval includes:

- The request for approval of the planning dossier by the Provincial People's Committee;

- Five (05) sets of the completed planning component report;

- Ten (10) sets of the summarized planning component report;

- The document approving the content of the planning component by the Provincial People's Council (or its Standing Committee);

- The document providing comments on the planning component by the provincial power company, district/municipal people's committees, and relevant departments;

- The document of the Provincial People's Committee agreeing on the proposed locations for power supply projects planned for development during the planning period;

d) The Director of the General Department of Energy decides on the establishment of the Review Team for the 110kV Power System Development Planning. The Review Team for the 110kV Power System Development Planning at the provincial level is headed by the leader of the General Department of Energy, with members from related units under the Ministry of Industry and Trade, the Electricity Corporation of Vietnam, and the National Transmission Corporation;

đ) Within forty-five (45) working days from the date of receiving all valid dossiers, the General Department of Energy is responsible for organizing the review and submitting the 110kV Power System Development Planning component to the Minister of Industry and Trade for approval. The General Department of Energy may hire consultants to prepare the review report on the planning dossier. The cost of hiring consultants for the review and independent experts is taken from the approved planning review budget;

e) During the review process of the planning dossier, the General Department of Energy is responsible for soliciting written comments from the Electricity Corporation of Vietnam and the National Transmission Corporation regarding the provincial 110kV Power System Development Planning;

g) Within fifteen (15) working days from the date of receiving the request for comments from the General Department of Energy and the planning dossier, the Electricity Corporation of Vietnam and the National Transmission Corporation are responsible for providing written comments to the General Department of Energy. The comment document includes the following main contents:

- Evaluation of the current state of power development in the locality, results of implementing the provincial power development planning in the previous phase;

- Evaluation of the load forecast results for the planning phase; recommendations;

- Evaluation of the selection of power development options for the planning phase; recommendations;

- Feasibility of the planning component;

- Recommendations on the list of power projects, investment schedules, policies to implement the planning;

h) Based on the consultant's review opinion, the review team's opinion, independent expert opinions, and comments from the Electricity Corporation of Vietnam and the National Transmission Corporation, the General Department of Energy is responsible for compiling and submitting to the Minister of Industry and Trade for approval. In cases where the planning component does not meet the required quality standards, the General Department of Energy must provide written comments to the Provincial People's Committee to supplement and complete the planning component content.

Based on the General Department of Energy's comments, the Department of Industry and Trade requests the consulting unit to complete the planning component report, to be reviewed by the Provincial People's Committee and submitted to the General Department of Energy;

i) Within fifteen (15) working days from the date the planning component report has been completed, the General Department of Energy completes the dossier and submits it to the Minister of Industry and Trade for approval.

2. For the detailed planning component of medium and low voltage distribution networks after 110kV substations;

a) During the review process, the Department of Industry and Trade is responsible for soliciting written comments from relevant departments and sending a document requesting comments from the General Department of Energy on the planning suitability before completing the planning proposal, to be submitted to the Chairman of the Provincial People's Committee for approval;

b) The Department of Industry and Trade may hire consultants to prepare the review report on the planning dossier. The cost of hiring consultants for the review is taken from the approved planning review budget;

c) Within fifteen (15) working days from the date of receiving the request from the Department of Industry and Trade and the completed detailed planning component report for medium and low voltage distribution networks after 110kV substations, the General Department of Energy must provide written comments on the planning suitability to the Department of Industry and Trade to supplement and complete the planning component report, to be submitted to the Chairman of the Provincial People's Committee for approval.

Chapter III

CONTENTS, PROCEDURES AND FORMALITIES FOR REVIEWING AND APPROVING THE AMENDMENTS TO THE PROVINCIAL POWER DEVELOPMENT PLANNING

Section 1

CONTENTS, PROCEDURES AND FORMALITIES FOR REVIEWING AND APPROVING THE AMENDMENTS TO THE NATIONAL POWER DEVELOPMENT PLANNING

Article 13. Competence to Adjust National Power Development Plan

1. Based on the proposal for adjustment and supplementation of the power development plan submitted by the investors of power generation projects and transmission networks, the Energy General Department shall be responsible for reviewing the report to submit to the Minister of Industry and Trade for consideration and submission to the Prime Minister for approval.

2. During the review process, the Energy General Department shall be responsible for soliciting written opinions from Vietnam Electricity Corporation, Electricity Corporation of Regions, State Grid Corporation of Vietnam, relevant Ministries and sectors, and related units.

Article 14. Contents of the Proposal for Adjusting the National Power Development Plan According to a Five-Year Cycle

The proposal for adjusting the national power development plan according to a five-year cycle includes the following main contents:

1. Current status of the national power system and evaluation of the implementation of the national power development plan over the past five years.

2. Updating forecasts of economic and social development during the planning period.

3. Updating forecasts of electricity demand by province, region, and nationwide for each planning stage.

4. Updating input parameters for planning, assessing primary energy sources, and fuel prices for power production.

5. Updating and supplementing the program for developing power generation.

6. Updating and supplementing the program for developing transmission networks at voltage levels of 220kV and above.

7. Summarizing investment volumes and capital requirements for the remaining years of the planning period.

8. Evaluating the economic efficiency of the national power development program.

9. Updating and supplementing mechanisms for implementing the plan.

10. Conclusions and recommendations.

Article 15. Contents of the Proposal for Adjusting the National Power Development Plan Not According to a Five-Year Cycle

The proposal for adjusting the national power development plan not according to a five-year cycle includes the following main contents:

1. Legal basis and necessity for adjusting and supplementing the plan.

2. Scale, progress, and key parameters of the project requiring adjustment and supplementation of the plan.

3. Evaluation of the impact of adjusting and supplementing the project on the regional power grid when the project appears.

4. Synchronized solutions regarding power sources and regional power grids that need adjustment to ensure power supply.

5. Economic and social effectiveness assessment of the supplementary and adjusted project.

6. Conclusions and recommendations.

Article 16. Procedures and Formalities for Establishing and Approving the Outline and Budget Estimate for Adjusting the National Power Development Plan According to a Five-Year Cycle

1. At least twelve (12) months before the end of the first five (5) years of the planning cycle, the Energy General Department shall organize the establishment and submission to the Minister of Industry and Trade for approval of the outline and budget estimate for adjusting the national power development plan for the remaining years.

2. Based on the approved outline and budget estimate, the Planning Department shall coordinate with the Finance Department to register state budget funds for adjusting the national power development plan.

3. Costs for establishing, reviewing, and announcing the adjustment of the national power development plan according to a five-year cycle shall be determined based on standards and unit prices prescribed by the Ministry of Finance and the Ministry of Industry and Trade.

Article 17. Procedures and Formalities for Establishing the Adjustment of the National Power Development Plan According to a Five-Year Cycle

1. Based on the approved capital plan for adjusting the national power development plan, the Energy General Department shall organize the selection of consulting units to establish the adjustment of the plan for approval by the Ministry of Industry and Trade.

2. The consulting unit shall carry out the establishment of the proposal for adjusting the national power development plan according to the approved planning outline and the assigned deadline. Detailed contents of the proposal for adjusting the national power development plan according to a five-year cycle are stipulated in Article 14 of this Circular.

3. During the establishment of the proposal for adjusting the plan, the consulting unit shall be responsible for soliciting written consensus opinions from the People's Committee of the province regarding the planned locations of power plants and 500kV substations expected to develop within the provincial territory. Within thirty (30) working days from receiving the consulting unit's request for consensus opinion on the planned location, the People's Committee of the province must provide a written response. After this period, if the People's Committee of the province does not provide a written response, it shall be deemed that the People's Committee of the province agrees with the planned locations of power plants and 500kV substations expected to develop within the provincial territory during the planning period as proposed by the consulting unit.

4. After completing the draft proposal for adjusting the plan, the consulting unit shall be responsible for submitting the draft proposal for adjusting the plan to Vietnam Electricity Corporation, PetroVietnam, Vinacomin, Petrochemicals Corporation, and North Power Transmission Corporation for their formal opinions and to perfect the proposal before submitting to the Energy General Department for review, reporting to the Minister of Industry and Trade for consideration and submission to the Prime Minister for approval.

Article 18. Procedure and formalities for adjusting the National Power Development Plan not according to the cycle

1. The project investors who have the need to supplement or adjust the National Power Development Plan shall organize the preparation of adjustment plan documents to submit to the General Department of Energy for examination, and report to the Minister of Industry and Trade for approval by the Prime Minister.

2. Within five (05) working days from the date of receipt of the documents, the General Department of Energy must issue a document requesting additional information if the adjustment plan documents are incomplete or invalid.

3. The adjustment plan documents include:

a) A document on the necessity of adjusting or supplementing the plan by the investor;

b) Five (05) copies of the adjustment plan proposal;

c) A unified document of the People's Committee of the province regarding the location of the proposed power facility to be supplemented or adjusted;

d) Documents proving the financial capacity and technical experience of the investor and other documents (if necessary).

4. Within ninety (90) working days from the date of receiving complete and valid documents, the General Department of Energy will conduct an examination of the adjustment plan proposal.

5. During the examination process, the General Department of Energy will seek written opinions from relevant Ministries, sectors (if necessary), and related Groups and Corporations. Within fifteen (15) working days from the date of receipt of the request for comments from the General Department of Energy, the Ministries, sectors, and units must provide written responses. After this period, if the Ministries, sectors, and units do not provide written responses, it will be considered that they agree with the investor's proposal to adjust the National Power Development Plan.

6. After receiving the official written opinions from the Ministries, sectors, and related Groups (PetroVietnam, Electricity of Vietnam, Vietnam Coal-Mineral Industries Group) and Corporations on the adjustment and supplementation plan proposal, the General Department of Energy has the responsibility to issue a document requesting the investor to modify, supplement, and complete the plan proposal.

7. Within fifteen (15) working days from the date when the planning proposal has been supplemented and completed, the General Department of Energy is responsible for drafting the report and submitting it to the Minister of Industry and Trade for consideration and submission to the Prime Minister for decision.

Article 19. Procedure and formalities for examining and approving adjustments to the National Power Development Plan every five years

The procedure and formalities for examining and approving adjustments to the National Power Development Plan every five years are applied as stipulated in Article 8 of this Circular.

Section 2

CONTENT, PROCEDURE AND FORMALITIES FOR EXAMINING AND APPROVING ADJUSTMENTS TO THE PROVINCE POWER DEVELOPMENT PLAN

Article 20. Authority to Adjust the Provincial Power Development Plan

1. For supplementing or adjusting the component of the 110kV power system development planning: Based on the document proposing to supplement or adjust the planning submitted by the investor of medium and small-scale power projects and the 110kV grid or the suggestion of large electricity customers, the People's Committee of the province shall consider and submit to the General Department of Energy for examination to report to the Minister of Industry and Trade for approval. During the examination process, the General Department of Energy is responsible for seeking written opinions from the Electricity Corporation of the region and the National Transmission Corporation.

2. For supplementing or adjusting the detailed planning component for developing the medium and low voltage grid after 110kV substations: Investors of medium voltage projects proposing adjustments are responsible for soliciting comments from the provincial electricity company and the People's Committee of the district concerned before submitting to the Department of Industry and Trade for examination and reporting to the Chairman of the People's Committee of the province for approval.

Article 21. Content of Adjusting the Provincial Power Development Plan for a Five-Year Cycle

1. The adjustment of the Component of the Five-Year Cycle Power System Development Planning includes the following main contents:

a) Current status of the provincial power system and evaluation of the implementation of the 110kV power system development planning over the past five years;

b) Updating forecasts on socio-economic development of the province during the planning period;

c) Updating forecasts on electricity demand by district, county, town, and city directly under the province during the planning period;

d) Balancing supply and demand of electricity in the province annually during the planning period;

đ) Designing the development scheme of the 110kV power grid, including proposals and selection of grid structures for the remaining years of the planning period;

e) Total length of transmission lines and distribution substations required to be invested and constructed for the remaining years of the planning period;

g) Summarizing investment volumes and capital requirements for the remaining years of the planning period;

h) Evaluating the economic efficiency of the proposed provincial power development plan;

i) Conclusions and recommendations.

2. The adjustment of the Component of Detailed Planning for Developing Medium and Low Voltage Grids After 110kV Substations for a Five-Year Cycle includes the following main contents:

a) Designing detailed medium voltage grid schemes after 110kV substations for counties, districts, towns, and cities directly under the province;

b) Updating the list of medium and low voltage transmission lines and substations required to be invested and constructed during the planning period;

c) Total length of low voltage grids required to be invested and constructed during the planning period;

d) Total investment capital for each level of medium and low voltage.

Article 22. Content of Adjusting the Provincial Power Development Plan Not Following a Five-Year Cycle

1. The adjustment of the Component of the 110kV Power System Planning Not Following a Five-Year Cycle includes the following main contents:

a) Legal basis and necessity for adjusting and supplementing the planning;

b) Scale, progress, and key parameters of projects that need to be adjusted and supplemented in the planning;

c) Evaluation of the impact of adjusting and supplementing projects on the provincial power grid when new projects appear;

d) Synchronized solutions regarding sources and power grids in the area to be adjusted to ensure power supply;

đ) Economic and social impact assessment of supplementary and adjusted projects;

e) Conclusions and recommendations.

2. The adjustment of the Component of Detailed Planning for Developing Medium and Low Voltage Grids After 110kV Substations Not Following a Five-Year Cycle includes the following main contents:

a) Legal basis and necessity for adjusting and supplementing the planning;

b) Scale, progress, and key parameters of projects that need to be adjusted and supplemented in the planning;

c) Evaluation of the impact of adjusting and supplementing projects on the power grid after 100kV substations when new projects appear;

d) Economic impact assessment of supplementary and adjusted projects;

đ) Conclusions and recommendations.

Article 23. Procedures and Formalities for Drafting and Approving the Outline and Budget Estimate for Adjusting the Provincial Power Development Plan for a Five-Year Cycle

1. For the adjustment of the Provincial Power Development Plan for a Five-Year Cycle: At least twelve (12) months before the end of the first five-year cycle, the Department of Industry and Trade shall organize the drafting and submission to the Chairman of the People's Committee of the Province for approval of the outline and budget estimate for adjusting the Provincial Power Development Plan.

2. Based on the approved outline and budget estimate, relevant units under the People's Committee of the Province shall be responsible for registering state budget funds for adjusting the Provincial Power Development Plan.

3. Costs for drafting, reviewing, and announcing the adjustment of the Provincial Power Development Plan for a Five-Year Cycle shall be determined according to standards and unit prices prescribed by the Ministry of Finance and the Ministry of Industry and Trade.

Article 24. Procedures for Amending and Supplementing the Provincial Power Development Plan according to a Five-Year Cycle

1. For amending the Component of the Power System Development Planning at 110kV:

a) On the basis of the approved capital plan for amending the Component of the Power System Development Planning at 110kV of the province, the Department of Industry and Trade shall organize the selection of consulting units to prepare the amendment of the planning component to be submitted for approval by the Chairman of the Provincial People's Committee;

b) The consulting unit shall carry out the preparation of the amendment of the Component of the Power System Development Planning at 110kV according to the approved outline and assigned deadlines. The contents of the amendment of the Component of the Power System Development Planning at 110kV over a five-year cycle are stipulated in Clause 1, Article 21 of this Circular;

c) During the process of preparing the amendment of the planning component, the consulting unit shall be responsible for soliciting comments from the provincial power company to complete the dossier before submitting it to the Department of Industry and Trade;

d) The consulting unit shall be responsible for obtaining the unified document of the Provincial People's Committee regarding the proposed locations for planning power supply projects for the province, including medium and small power sources, 220kV substations supplying power to the province, and 110kV substations planned for development during the planning period;

đ) Within thirty (30) working days from the date of receipt of the document from the consulting unit requesting agreement on the location, the Provincial People's Committee must issue a reply. After this deadline, if the Provincial People's Committee does not issue a reply, it will be considered that the Provincial People's Committee agrees with the proposed locations for planning power supply projects for the province during the planning period as proposed by the consulting unit;

e) After the consulting unit submits the completed draft amendment of the planning component, the Department of Industry and Trade shall organize the following intermediate steps:

- Solicit written comments from the District People's Committees and relevant provincial departments to complete the report before submitting it to the Provincial People's Committee;

- Direct the consulting unit to incorporate, explain, and perfect the dossier and report to the Provincial People's Committee for approval by the Provincial People's Council or the Standing Committee of the Provincial People's Council before sending it to the Energy General Department for review and submission to the Minister of Industry and Trade for approval;

2. For amending the Detailed Planning Component for Developing Medium and Low Voltage Grids after 110kV Substations:

a) Based on the approved capital plan for amending the Detailed Planning Component for Developing Medium and Low Voltage Grids after 110kV Substations, the Department of Industry and Trade shall organize the selection of consulting units to prepare the amendment of the planning component to be submitted for approval by the Chairman of the Provincial People's Committee;

b) The consulting unit shall carry out the preparation of the amendment of the Detailed Planning Component for Developing Medium and Low Voltage Grids after 110kV Substations according to the approved planning outline and assigned deadlines. The contents of the amendment of the Detailed Planning Component for Developing Medium and Low Voltage Grids after 110kV Substations are stipulated in Clause 2, Article 21 of this Circular;

c) During the planning process, the consulting unit preparing the amendment of the planning component shall be responsible for soliciting written comments from the provincial power company and district people's committees related to the final draft of the amendment of the planning component to complete the dossier before submitting it to the Department of Industry and Trade for review;

Article 25. Procedures and formalities for adjusting the Provincial Power Development Plan not according to the cycle

1. For amending the Component of the Power System Development Planning at 110kV:

a) Project sponsors or the Provincial People's Committee with the need to supplement or amend within the Component of the Power System Development Planning at 110kV shall organize the preparation of the amendment dossier according to the contents stipulated in Clause 1, Article 22 of this Circular;

b) During the process of preparing the amendment of the planning component, the project sponsor shall be responsible for soliciting comments from the provincial power company to complete the amendment of the planning component before submitting it to the Department of Industry and Trade for consideration and reporting to the Provincial People's Committee for issuance of a document to send to the Energy General Department for review and reporting to the Minister of Industry and Trade for approval;

c) Within five (05) working days from the date of receipt of the dossier, the Energy General Department must issue a document requesting additional information if the planning dossier is incomplete or non-compliant;

d) Adjustment planning files:

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

- Five copies of the adjusted planning report;

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

e) Within forty-five (45) working days from the date of receipt of the complete and compliant dossier, the Energy General Department shall conduct a review of the amendment dossier of the planning component before submitting it to the Minister of Industry and Trade for approval;

g) During the review process, the Energy General Department shall solicit written comments from the Electricity Transmission Corporation and the National Power Transmission Corporation (if necessary);

2. For amending the Detailed Planning Component for Developing Medium and Low Voltage Grids after 110kV Substations:

a) Project sponsors with the need to supplement or amend within the Detailed Planning Component for Developing Medium and Low Voltage Grids after 110kV Substations shall organize the preparation of the amendment dossier according to the contents stipulated in Clause 2, Article 22 of this Circular and submit it to the Department of Industry and Trade for review and approval by the Provincial People's Committee;

b) The amendment dossier includes:

- A proposal for amending and supplementing the planning submitted by the project sponsor;

- Five (05) sets of the Report on Amending the Planning Component;

- During the review process, the Department of Industry and Trade shall solicit written comments from the provincial power company and district people's committees (if necessary).

Article 26. Procedure and process for reviewing and approving adjustments to provincial power development planning according to a five-year cycle

1. For the Component of System Development Planning at 110kV: The procedure and process for reviewing and approving adjustments to the Component of System Development Planning at 110kV according to a five-year cycle shall be applied as prescribed in Clause 1, Article 12 of this Circular.

2. For the Detailed Component of Medium and Low Voltage Grid Development Planning following 110kV Substations: The procedure and process for reviewing and approving adjustments to the Detailed Component of Medium and Low Voltage Grid Development Planning following 110kV Substations according to a five-year cycle shall be applied as prescribed in Clause 2, Article 12 of this Circular.

Chapter IV

MANAGEMENT OF IMPLEMENTATION OF POWER DEVELOPMENT PLANNING

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

1. The Energy General Department shall be responsible for:

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

b) Provide written comments on the suitability of national power development planning for power projects;

c) Organize monitoring and inspection of the implementation of national power development planning;

d) Annually summarize and evaluate the results of implementation, the impact and influence of implementing national power development planning to report to the Minister of Industry and Trade for consideration and reporting to the Prime Minister;

đ) Serve as the focal point to assist the Minister of Industry and Trade in directing the implementation of power projects according to approved national power development planning;

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

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

b) Direct the Department of Industry and Trade to provide written comments on the suitability of provincial power development planning for power projects;

c) Direct the Department of Industry and Trade to organize monitoring and inspection of the implementation of provincial power development planning at the local level;

d) Annually summarize and evaluate the results, the impact and influence of implementing provincial power development planning at the local level to report to the Ministry of Industry and Trade;

đ) Direct the implementation of power projects according to approved provincial power development planning;

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

a) Report to the competent authority managing planning and request written comments on the suitability with power development planning before implementing the project;

b) Implement investment construction of power facilities according to the approved power development planning;

c) Annually report to the competent state authority managing the implementation of power development planning on the situation of implementing the project;

4. Funding for management and implementation of annual power development planning as stipulated in Point c and Point d, Clause 1 and Point c and d, Clause 2 of this Article shall be allocated from the state budget and implemented in accordance with regulations of the Ministry of Finance and the Ministry of Industry and Trade.

Article 28. Publication of Power Development Planning

1. After the Power Development Planning Proposal has been approved by the competent authority, the agency organizing the planning shall direct the consulting unit to complete the proposal along with the soft file to send to the Energy General Department under the Ministry of Industry and Trade and the People's Committee of the province.

2. Power development planning at various levels approved by the competent state authority shall be publicly announced.

3. The Ministry of Industry and Trade is responsible for announcing the national power development planning.

4. The People's Committee of the province and centrally governed city is responsible for announcing the provincial power development planning.

Article 29. Reporting System

1. The Department of Industry and Trade, Vietnam Electricity Corporation, investors of large-scale power projects and transmission networks have the responsibility to compile and report to the Ministry of Industry and Trade on the implementation of approved power development planning before December 20 each year.

2. Provincial Electricity Company, investors of medium and small-scale power projects, other power project investors have the responsibility to report to the Department of Industry and Trade on the implementation of provincial power development planning before December 10 each year for compilation and reporting to the People's Committee of the province.

Chapter V

IMPLEMENTATION

Article 30. Other types of power development planning

Power system development planning from 110kV and above for special economic zones is encouraged to apply:

1. The contents of the Power Development Planning Proposal as stipulated in Clause 5 of this Circular;

2. The procedures and formalities for preparing and approving the outline and budget for Power Development Planning as stipulated in Clause 6 of this Circular;

3. The procedures and formalities for preparing Power Development Planning as stipulated in Clause 7 of this Circular;

4. The procedures and formalities for reviewing Power Development Planning as stipulated in Clause 8 of this Circular before submitting to the Minister of Industry and Trade for approval.

Article 31. Compliance with power development planning and handling of violations

1. Organizations and individuals involved in the electricity sector have the responsibility to comply with the Power Development Planning approved by competent authorities.

2. Any organization or individual who violates the provisions of this Circular, fails to implement according to the approved power development plans at various levels will be subject to administrative penalties, criminal prosecution if necessary, and must compensate for losses in accordance with the law, depending on the nature and severity of the violation.

Article 32. Implementation Organization

The Director of the Energy General Department, Heads of units under the Ministry, and related organizations and individuals within their respective duties and authority are responsible for implementing this Circular.

Article 33. Effective Date

This Circular takes effect from February 15, 2014, and replaces Decision No. 42/2005/QĐ-BCN dated December 30, 2005, issued by the Minister of Industry regarding the contents, procedures, and formalities for preparing and reviewing power development planning./.