Circular No. 43/2014/TT-BCT on the contents, procedures, and processes for drafting, reviewing, and approving the planning of power center construction sites

 CIRCULAR

Prescribes the contents, procedures, and formalities for preparing, reviewing, and approving

The planning of locations for constructing power centers

___________________

 THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Electricity Law No. 28/2004/QH11 dated December 3, 2004;

Pursuant to Law No. 24/2012/QH13 dated November 20, 2012 amending and supplementing certain articles of the Electricity Law;

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 Energy Administration,

The Minister of Industry and Trade promulgates this Circular prescribing the contents, procedures, and formalities for preparing, reviewing, and approving the planning of locations for constructing power centers.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular prescribes the contents, procedures, and formalities for preparing, reviewing, approving:

1. Planning of locations for constructing power centers (hereinafter referred to as Power Center Planning) with two or more thermal power plants using coal, oil, or gas as fuel.

2. Adjustments to the planning of locations for constructing power centers.

Article 2. Applicability

This Circular applies to organizations and individuals involved in preparing, reviewing, and approving:

1. Planning of locations for constructing power centers.

2. Adjustments to the planning of locations for constructing power centers.

Chapter II
CONTENTS, PROCEDURES, AND FORMALITIES FOR PREPARING, REVIEWING, APPROVING, AND ADJUSTING THE PLANNING OF LOCATIONS FOR CONSTRUCTING POWER CENTERS

Article 3. Contents of the Power Center Planning dossier

The Power Center Planning includes the following main contents:

1. Legal documents for preparing the Power Center Planning, including:

a) Legal basis for preparing the planning: Documents assigning tasks for preparing the Power Center Planning from competent authorities and decisions approving other related plans.

b) Written opinions of relevant ministries and agencies on the Power Center Planning and the opinions of the People's Committee of the province where the location for constructing the power center is planned.

2. Current status and development planning of the economy and society in the affected area:

a) Population size, demographic characteristics, and socio-economic conditions.

b) Current status and development planning of infrastructure.

c) Current status and development planning of industry.

3. Current status and development planning of the power system in the region, including:

a) Electrical load.

b) Power sources.

c) Power grid.

4. Report on surveying natural conditions in the affected area impacting the Power Center Planning (attached to the survey report: topography, geology, meteorology, hydrology of the research area).

5. Selection of construction sites for power centers:

a) Propose at least two site options for planning the power center. Specify the specific place name, capacity scale, land area occupied, natural conditions, impact on residents, compatibility with local planning.

b) Analyze and evaluate each site regarding: natural conditions; compatibility with national power development planning, sectoral planning, local socio-economic development planning; suitability for fuel transportation and supply, environment, fresh water supply, cooling water supply and discharge, connection to the system; exploitation and supply of building materials; ensuring economic and technical feasibility for developing projects within the power center.

c) Selected site option, key parameters.

6. Overall layout planning and major technical solutions:

a) Various overall layout planning options for the power center, comparisons, selected option. Clearly state the land use areas for each project component (including long-term land use area, temporary land use area for construction, surface water use area).

b) Number of units, capacity, technology orientation, unit configuration.

c) Calculation of fuel requirements for the power center. Analysis and selection of fuel supply sources, types, and transportation methods.

d) Calculation of fresh water supply requirements, analysis and selection of supply methods.

đ) Calculation of cooling water supply requirements, discharge water disposal methods. Calculation of heat dispersion from cooling water discharge (if necessary), attached with a report on cooling water supply methods.

e) Environmental protection measures during construction and operation phases. Green space planning. Calculation of ash and gypsum quantities; exploitation and utilization direction of ash and gypsum; landfill volume and storage time.

g) Connection to the power system and major electrical solutions: connection voltage level, number of outgoing lines and distribution substation layout plan (attached with a report on connecting to the national power system).

h) Internal traffic systems within the power center and external connections (road, waterway, port), report on port construction planning (if the power center has a dedicated port).

i) Preliminary construction solutions: foundation treatment, ground leveling height, foundation solutions, structural design of project components.

k) Operation and maintenance management: estimated number of staff for operation and maintenance in the power center, planning of the operation and maintenance construction area.

l) Common facilities: necessity, layout options, solutions to minimize mutual impacts during investment and construction, and during operation.

7. Report on land clearance, compensation, and resettlement plans.

8. Estimated phased investment schedule, operation progress of units and plants.

9. Preliminary total investment estimate, socio-economic effectiveness, proposed investment forms for plants.

10. Conclusions and recommendations.

11. Main drawings, including:

a) Geographic location map of the planned power center area shown on a topographic map of the area at a scale of 1/10,000 or 1/25,000 (printed in color).

b) Master plan drawings, layout drawings of project components (shown on a topographic map at a scale of 1/10,000 or 1/25,000, printed in color on A0 paper and clearly marked with the drawing scale) showing the following contents: layout, numbering, and marking for each component of each project; coordinates, boundaries, land area occupied by major project components, common facilities of each plant in the power center; green space layout, landscape.

c) Drawings of schematic diagrams of various systems, including: fuel supply, fresh water supply, cooling water supply, power system connection diagram, flue gas treatment (dust removal, SOx, NOx), wastewater treatment, ash and gypsum handling and transportation.

d) Diagrams and layout drawings of traffic, power, and water supply connections to the power center, preliminary solutions for above-ground crossings and underground facility crossings.

đ) Construction organization layout drawings for each project consistent with phased investment schedules.

The detailed contents of the dossier for the Planning of Power Center locations are set out in the Appendix attached to this Circular.

Article 4. Procedure and formalities for establishing the Planning of Power Centers

1. Based on the implementation situation of the National Electricity Development Plan, the demand for power generation development, the Energy General Department shall submit to the Ministry of Industry and Trade:

a) Report The Prime Minister requests approval to establish the Planning of Power Centers for Power Centers not included in the approved National Electricity Development Plan.

b) Decision to establish the Planning of Power Centers for Power Centers already named in the National Electricity Development Plan but without established Planning of Power Centers.

2. After the competent authority agrees with the proposal to establish the Planning of Power Centers, the Energy General Department shall implement the selection of specialized consulting units that meet the requirements of capacity and experience to establish the Planning of Power Centers according to regulations.

3. Within six months from the date the contract for the Consulting Unit to establish the Planning of Power Centers becomes effective, the Consulting Unit must complete the dossier for the Planning of Power Centers in accordance with Article 3 of this Circular and consistent with the content of the signed Consulting Contract to be submitted to the Energy General Department for review.

Article 5. Submission of the Planning of Power Centers Dossier

1. The selected Consulting Unit responsible for establishing the Planning of Power Centers shall be responsible for submitting the dossier for the Planning of Power Centers to the Energy General Department for review.

2. Contents and quantity of the dossier for the Planning of Power Centers to be reviewed include:

a) Request for approval of the Planning of Power Centers: summarizing the main contents of the planning, summarizing the main contents of the opinions of localities and relevant ministries and sectors, and recommendations.

b) Three (03) complete draft plans for the Planning of Power Centers in accordance with the Appendix attached to this Circular, accompanied by a summary report.

c) One (01) CD containing all the content of the Planning of Power Centers.

3. Method of submission: through postal service or directly to the headquarters of the Energy General Department - Ministry of Industry and Trade.

Article 6. Review and Approval of the Planning of Power Centers

1. Organizing the review:

a) The Energy General Department is responsible for organizing the review of the dossier for the Planning of Power Centers.

b) In cases where necessary, the Energy General Department may hire consultants to review the dossier for the Planning of Power Centers or invite experts to assist in the review.

2. Time limit for review:

a) Within five working days from the date of receipt of the dossier, the Energy General Department shall check the completeness and validity of the dossier. If the dossier is incomplete or invalid, the Energy General Department shall issue a document requesting the Consulting Unit to supplement and correct it.

b) Within seven working days from the date of receipt of the document issued by the Energy General Department requesting supplementation and correction of the dossier, the Consulting Unit shall be responsible for supplementing all missing or invalid dossiers.

c) Within thirty working days from the date of receipt of all valid dossiers, the Energy General Department must complete the review work to submit to the Minister of Industry and Trade for consideration and approval.

Article 7. Cases for Adjusting the Planning of Power Centers

The approved Planning of Power Centers will be reviewed and adjusted by the competent authority when one of the following factors appears:

1. Changes in the planning of primary fuel supply to power plants within the Power Center, changes in technical solutions or other necessary changes leading to adjustments:

a) The land area occupied by projects and the Power Center.

b) The overall layout and layout of the Power Center.

2. Adjustment of the equivalent capacity scale, either increasing or decreasing, relative to the smallest unit capacity in the Power Center.

3. Change in the construction location of the Power Center.

Article 8. Competence to Decide on Amending the Power Center Master Plan

1. The Minister of Industry and Trade shall report to the Prime Minister for approval to amend the Power Center Master Plan in cases stipulated in Clauses 2 and 3 of Article 7 of this Circular if such amendment changes the scale and location of the power center from the approved national electricity development master plan.

2. The Minister of Industry and Trade decides to amend the Power Center Master Plan in cases not provided for in Clause 1 of this Article.

Article 9. Contents of the File for Amending the Power Center Master Plan

The file for amending the Power Center Master Plan includes the following main contents:

1. Legal basis and necessity for amending the Power Center Master Plan.

2. Current status of implementing the Power Center Master Plan.

3. Content and plan for amending the Power Center Master Plan:

a) Contents amended compared to the approved Power Center Master Plan.

b) Comparison and selection of plans for amending the Power Center Master Plan.

c) Proposal for the Power Center Master Plan after amendment.

4. Assessment of the impact of the amended Power Center Master Plan on investment, construction, and operation activities of projects within the power center; on the area where the power center is located.

5. Written opinions of the People's Committee of the province, relevant ministries, sectors, and units regarding the file for amending the Power Center Master Plan (if any).

6. Drawings, specialized reports, and related calculations concerning the content of amending the Power Center Master Plan.

7. Conclusions and recommendations.

Article 10. Procedures and Formalities for Establishing, Reviewing, and Approving Amendments to the Power Center Master Plan

1. Selection of Consultants for Amending the Power Center Master Plan

After obtaining the competent authority's agreement on the principle of amending the Power Center Master Plan, the National Energy Administration implements according to regulations or reports to the Minister of Industry and Trade to instruct the project investor of thermal power plants within the power center to select a consultant for amending the Power Center Master Plan.

2. Within six months from the date the consultancy contract for amending the Power Center Master Plan becomes effective, the consultant must complete the preparation and submit the file for amending the Power Center Master Plan for review by the National Energy Administration.

3. Contents and quantity of the file for amending the Power Center Master Plan to be reviewed and approved include:

a) Report on approving the Power Center Master Plan: summary of the main contents of the amended planning; opinions of relevant ministries, sectors, and units (if any); recommendations.

b) Three (03) sets of files for amending the Power Center Master Plan as prescribed in Article 9 of this Circular, accompanied by a summary report.

c) One (01) CD containing all the contents of the file for amending the Power Center Master Plan.

d) Method of submission: via postal service or directly to the headquarters of the National Energy Administration - Ministry of Industry and Trade.

4. Within five working days from the date of receipt of the file for amending the Power Center Master Plan, the National Energy Administration checks the completeness and validity of the file. In case the file is incomplete or invalid, the National Energy Administration issues a document requesting the consultant to supplement and correct the file.

5. Within seven working days from the date of receipt of the document from the National Energy Administration requesting supplementation and correction of the file, the consultant is responsible for supplementing all missing or invalid files.

6. Within thirty working days from the date of receiving all valid files, the National Energy Administration reviews and submits to the Minister of Industry and Trade for approval of the amendment to the Power Center Master Plan.

Article 11. Costs for drafting, reviewing, and approving the Power Center Master Plan

1. The costs for drafting, reviewing, and approving the Power Center Master Plan (including new drafting and adjustments) include the following expenses:

a) Expenses incurred during the process of selecting consultants to draft the Power Center Master Plan in accordance with current laws.

b) Fees for hiring consultants to draft a new plan or adjust the existing Power Center Master Plan.

c) Fees for hiring consultants to review or hiring experts to assist in reviewing the Power Center Master Plan (if applicable).

2. The costs for drafting, reviewing, and approving the Power Center Master Plan (including new drafting and adjustments) shall be determined based on applying cost standards or preparing cost estimates according to current regulations.

Article 12. Sources of funds for drafting, reviewing, and approving the Power Center Master Plan

1. The costs for drafting, reviewing, and approving the Power Center Master Plan (new drafting) as stipulated in Article 11 of this Circular shall be sourced from the following:

a) From the State budget allocated annually according to the plan of the Ministry of Industry and Trade.

b) Investors assigned by competent authorities to implement projects or consulting units drafting the Power Center Master Plan may advance the funds and will be reimbursed from state budget funds or included in the investment capital of the first project implemented within the Power Center Master Plan as decided by the Minister of Industry and Trade.

c) Utilizing financial support from domestic and foreign organizations for the work of drafting the Power Center Master Plan in accordance with relevant laws.

2. The source of funds for adjusting the Power Center Master Plan shall be decided by the Minister of Industry and Trade for each specific case.

Chapter III
IMPLEMENTATION

Article 13. Implementation and Management of the Power Center Master Plan

1. The General Department of Energy shall be responsible for:

a) Organizing supervision and inspection of the implementation of the Power Center Master Plan (new drafting and adjustments) that have been approved.

b) Serving as the focal point to assist the Ministry of Industry and Trade in guiding and directing the implementation of projects within the Power Center Master Plan.

c) Taking the lead and coordinating with provincial and municipal People's Committees where power centers are located to announce the Power Center Master Plan (new drafting and adjustments) that have been approved.

2. Project investors in power projects and infrastructure projects within the power center (if any) shall be responsible for:

a) Implementing investments and construction in accordance with assigned tasks and complying with the approved Power Center Master Plan.

b) Reporting to the Ministry of Industry and Trade on the progress of projects they are the main investors in within the Power Center Master Plan when requested.

Article 14. Effectiveness and Implementation

1. This Circular takes effect from January 5, 2015.

2. Decision No. 06/2007/QĐ-BCT dated October 17, 2007, issued by the Minister of Industry and Trade regarding the contents, procedures, and formalities for drafting, reviewing, and approving the location planning for power centers, shall cease to be effective from the date this Circular takes effect.

3. During the implementation of this Circular, if there are any issues or new matters arising, it is recommended that related organizations and individuals send their opinions to the General Department of Energy for study, guidance, or proposal to amend and supplement this Circular appropriately to the Ministry of Industry and Trade./.