Decree No. 45/2001/ND-CP on Electricity Activities and Electricity Usage.

DECREE OF THE GOVERNMENT

Regarding electricity activities and electricity usage

 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

At the proposal of the Minister of Industry,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Electricity is a special commodity. The State uniformly manages electricity activities and electricity usage throughout the country through laws, policies, planning, and development plans for the electricity sector. Electricity production and business operations are regulated industries.

Article 2. This Decree stipulates electricity activities and electricity usage, applicable to all organizations and individuals within Vietnam and foreign entities operating in the Socialist Republic of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 3.

1. Organizations and individuals engaging in electricity activities in the following fields must have an electricity operation permit:

a) Consulting on planning, designing power projects;

b) Producing, transmitting, distributing, trading, and supplying electricity.

2. The competent authority issuing electricity operation permits is specified as follows:

a) The Ministry of Industry issues electricity operation permits to:

Organizations providing consulting services for planning, design, supervision, and other forms of consulting for power projects.

State-owned enterprises and foreign-invested enterprises engaged in producing, transmitting, distributing, trading, and supplying electricity;

Power generation enterprises with installed capacity of 10 MW or more and enterprises managing transmission grid operations at voltages of 110 kV or higher;

Enterprises engaged in importing and exporting electricity.

b) Provincial People's Committees and Municipal People's Committees under the Central Government issue electricity operation permits to organizations and individuals not covered by point a above, who engage in electricity activities in the fields specified in Clause 1 of this Article.

3. Organizations and individuals investing in building power generation facilities for self-use, without selling electricity to other organizations or individuals, or power generation facilities with installed capacity lower than the level set by the Ministry of Industry, do not need to obtain an electricity operation permit.

4. The Ministry of Industry shall guide the conditions, procedures, and formalities for issuing electricity operation permits.

Article 4. Electricity activities and electricity usage on the territory of Vietnam must comply with the provisions of this Decree and other relevant laws, while also adhering to economic, technical, environmental standards, procedures, and norms issued by competent state authorities.

Article 5.

1. Electricity usage must be in accordance with the purpose stated in the contract. Cases requiring electricity for protective purposes must be approved by the competent state authority. The Ministry of Industry shall specify the use of electricity in such cases.

2. It is strictly prohibited to use electricity in a manner that endangers people and animals, state and public property, or adversely affects the ecological environment.

Article 6. Based on their importance to the nation and society, organizations and individuals using electricity are prioritized for load adjustment and restriction when there is a shortage of electricity. Provincial People's Committees and Municipal People's Committees under the Central Government determine the priority order for organizations and individuals using electricity in their respective areas and notify the provincial or municipal power management units to implement it.

Article 7. In this Decree, the following terms are understood as follows:

1. "Electricity activities" refer to activities aimed at creating, maintaining, and delivering electrical energy to organizations and individuals for commercial and other purposes as prescribed by the Government., including: activities related to planning, consulting on design, investment construction, production, transmission, system dispatching, distribution, trading, and supply of electricity, including import and export of electric power.

2. "Electricity usage" refers to the process of utilizing electricity for specific purposes.

3. "The electricity industry" consists of organizations and individuals from all economic sectors engaged in electricity activities on the territory of Vietnam.

4. "National power system" is a collection of technical infrastructure interrelated for the production, transmission, distribution, control, and supply of electricity, managed by the Vietnam Electricity Corporation.

5. "Power project" is a combination of construction works and architectural structures, equipment for generating, transmitting, and distributing electric power. A power project includes power plants, generators, substations, power lines, and accompanying equipment.

6. "Electricity production" involves managing and operating power plants and substations to produce electricity according to prescribed standards.

7. "Commercial electricity production" refers to the production of electricity by power plants after the trial operation period, officially supplying electricity to buyers.

8. "Electricity transmission" involves managing and operating power projects to deliver electrical energy from the place of electricity production to the distribution network.

9. "National transmission network" is the transmission network managed by the Vietnam Electricity Corporation.

10. "Transmission network outside the national power system" is the transmission network invested in and managed by other economic organizations, capable of independent operation or connection to the national transmission network.

11. "Electricity distribution" involves managing and operating power projects to transfer electrical energy from the transmission network to organizations and individuals using electricity.

12. "Electricity supply" is the process of meeting electricity demands under certain conditions for organizations and individuals requesting electricity usage.

13. "Independent power source and grid" refers to facilities for producing, transmitting, distributing, and supplying electricity to specific areas, managed and operated independently, potentially connected or disconnected from the national power system.

 

Chapter II

PLANNING AND INVESTMENT FOR ELECTRICITY DEVELOPMENT

Section 1

ELECTRICITY DEVELOPMENT PLANNING

Article 8.

1. The Ministry of Industry organizes the development of national electricity development plans for each ten-year period, with guidance for the subsequent ten years, submitting them to the Prime Minister for approval and managing the implementation of approved plans.

In cases where changes are needed that differ from the approved national electricity development plan, the Ministry of Industry submits these to the Prime Minister for consideration and decision.

2. The Ministry of Industry specifies the contents, procedures, and formalities for developing the national electricity development plan.

Article 9. BASED ON THE ECONOMIC AND SOCIAL DEVELOPMENT PLAN, THE NEED TO ENSURE NATIONAL DEFENSE AND SECURITY IN THE LOCAL AREA, AND THE NATIONAL ELECTRIC POWER DEVELOPMENT PLAN APPROVED BY THE PRIME MINISTER, THE PROVINCE AND CITY PEOPLE'S COMMITTEES UNDER THE DIRECT CONTROL OF THE CENTRAL GOVERNMENT SHALL ORGANIZE THE DEVELOPMENT OF THE LOCAL ELECTRIC POWER DEVELOPMENT PLAN FOR REVIEW IN ACCORDANCE WITH ARTICLE 10 OF THIS DECREE.

Article 10.

1. THE MINISTER OF INDUSTRY IS RESPONSIBLE FOR LEADING AND COOPERATING WITH RELEVANT MINISTRIES AND SECTORS TO ORGANIZE THE REVIEW OF THE NATIONAL ELECTRIC POWER DEVELOPMENT PLAN, THE ELECTRIC POWER DEVELOPMENT PLAN OF HA NOI CITY AND HO CHI MINH CITY, AND SUBMIT TO THE PRIME MINISTER FOR APPROVAL.

IF NECESSARY, THE PRIME MINISTER SHALL DECIDE TO ESTABLISH A STATE REVIEW BOARD TO ASSIST IN CONSIDERING AND APPROVING THE NATIONAL ELECTRIC POWER DEVELOPMENT PLAN.

2. THE MINISTER OF INDUSTRY SHALL ORGANIZE THE REVIEW AND APPROVE THE ELECTRIC POWER DEVELOPMENT PLANS OF PROVINCES AND CITIES UNDER THE DIRECT CONTROL OF THE CENTRAL GOVERNMENT EXCEPT THOSE MENTIONED IN CLAUSE 1 OF THIS ARTICLE.

3. THE MINISTRY OF INDUSTRY SHALL REGULATE THE CONTENT OF THE PROJECT, THE PROCEDURE FOR REVIEW AND APPROVAL, AND THE MANAGEMENT OF THE IMPLEMENTATION OF THE LOCAL ELECTRIC POWER DEVELOPMENT PLAN.

Section 2

INVESTMENT IN ELECTRIC POWER DEVELOPMENT

Article 11. THE DEVELOPMENT OF ELECTRICITY PROJECTS MUST COMPLY WITH THE NATIONAL ELECTRIC POWER DEVELOPMENT PLAN AND THE PROVINCIAL/EQUIVALENT CITY ELECTRIC POWER DEVELOPMENT PLAN APPROVED BY AUTHORIZED GOVERNMENT AUTHORITIES, WHILE ALSO ADHERING TO LAWS ON INVESTMENT AND CONSTRUCTION MANAGEMENT.

Article 12. APART FROM THE VIETNAM ELECTRICITY CORPORATION, DOMESTIC AND FOREIGN ORGANIZATIONS AND INDIVIDUALS INVESTING IN ELECTRICITY GENERATION AND OPERATING ELECTRICITY PROJECTS MUST MEET THE FOLLOWING REQUIREMENTS:

1. IN CASE OF CONNECTION TO THE NATIONAL ELECTRICITY SYSTEM:

a) HAVE AN INVESTMENT LICENSE OR INVESTMENT DECISION, AN ELECTRICITY BUSINESS LICENSE, AND OTHER LICENSES AS REQUIRED BY LAW;

b) HAVE AGREEMENTS WITH THE VIETNAM ELECTRICITY CORPORATION REGARDING THE POINT OF CONNECTION AND THE PURCHASE AND SALE CONTRACT OF ELECTRICITY;

c) COMPLY WITH THE PRICES OF SOLD ELECTRICITY AS PROVIDED IN CLAUSES 2 AND 3 OF ARTICLE 38 OF THIS DECREE;

d) THE OPERATING REGIME AND HOURS OF THE POWER PLANT IN A YEAR MUST BE CONSISTENT WITH THE OPERATING REGIME OF THE NATIONAL ELECTRICITY SYSTEM;

đ) COMPLY WITH THE OPERATING PROCEDURES AND STANDARDS OF THE NATIONAL ELECTRICITY SYSTEM.

2. IN CASE OF INDEPENDENT OPERATION OUTSIDE THE NATIONAL ELECTRICITY SYSTEM:

a) HAVE AN INVESTMENT LICENSE OR INVESTMENT DECISION, AN ELECTRICITY BUSINESS LICENSE, AND OTHER LICENSES AS REQUIRED BY LAW;

b) COMPLY WITH THE PRICES OF SOLD ELECTRICITY AS PROVIDED IN CLAUSES 2 AND 3 OF ARTICLE 38 OF THIS DECREE.

3. THE MINISTRY OF INDUSTRY SHALL ANNOUNCE THE LIST OF ELECTRICITY PROJECTS TO BE BUILT IN THE NATIONAL ELECTRIC POWER DEVELOPMENT PLAN SO THAT DOMESTIC AND FOREIGN INVESTORS CAN PARTICIPATE IN INVESTMENT AND CONSTRUCTION ACCORDING TO THE FORMS PROVIDED BY LAW.

4. ELECTRICITY PROJECTS INVESTED IN ACCORDANCE WITH THE FORMS SUCH AS BOT, BTO, BT AND OTHER INVESTMENT FORMS SHALL ENJOY BENEFITS ACCORDING TO THE LAWS.

Article 13. THE SELLER OF ELECTRICITY HAS THE RESPONSIBILITY TO INVEST IN BUILDING AND MANAGING AND OPERATING HIGH-VOLTAGE AND MEDIUM-VOLTAGE TRANSMISSION LINES TO THE PERIMETER OF THE INDUSTRIAL ZONE AND THE PROJECT OF THE BUYER, EXCEPT WHERE THERE ARE OTHER AGREEMENTS. THE IMPLEMENTATION OF LOW-VOLTAGE NETWORK MANAGEMENT AND OPERATION SHALL BE IN ACCORDANCE WITH ARTICLES 27 AND 51 OF THIS DECREE.

 

CHAPTER III

PRODUCTION, TRANSMISSION AND CONTROL OF THE ELECTRICITY SYSTEM

Section 1

ELECTRICITY PRODUCTION

Article 14.

1. THE POWER PLANT SHALL BE PUT INTO PRODUCTION AND BUSINESS WHEN SATISFYING THE FOLLOWING CONDITIONS:

a) CONSTRUCTED ACCORDING TO THE APPROVED DESIGN;

b) INSPECTED AND ACCEPTED ACCORDING TO THE LAWS;

c) HAVE AN ELECTRICITY BUSINESS LICENSE AND OTHER LICENSES AS REQUIRED BY LAW.

2. IN CASE OF CONNECTION TO THE NATIONAL ELECTRICITY SYSTEM, IT MUST BE IMPLEMENTED IN ACCORDANCE WITH THE PROVISIONS OF CLAUSE 1 OF ARTICLE 12 OF THIS DECREE.

Article 15. THE BOUNDARY OF MANAGEMENT OF THE POWER PLANT IN THE NATIONAL ELECTRICITY SYSTEM IS DETERMINED FROM THE POINT OF CONNECTION WITH THE NATIONAL ELECTRICITY SYSTEM BACK TO THE POWER PLANT.

FOR INDEPENDENT POWER PLANTS WITH TRANSMISSION, DISTRIBUTION AND SALES ACTIVITIES TO THE BUYER, THE MANAGEMENT BOUNDARY IS DETERMINED TO THE LOCATION OF THE METERING EQUIPMENT USED TO SELL ELECTRICITY TO THE BUYER.

Article 16. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN ELECTRICITY PRODUCTION HAVE THE RIGHT TO:

1. OPERATE ACCORDING TO THE CONTENTS SPECIFIED IN THE INVESTMENT LICENSE OR INVESTMENT DECISION, THE ELECTRICITY BUSINESS LICENSE AND OTHER LICENSES AS REQUIRED BY LAW.

2. REQUEST THE IMPLEMENTATION OF THE TERMS AGREED IN THE CONTRACT WITH TRANSMISSION COMPANIES AND OTHER RELATED PARTIES.

3. ENJOY OTHER RIGHTS AS PROVIDED BY LAW.

Article 17. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN ELECTRICITY PRODUCTION HAVE THE OBLIGATION TO:

1. IMPLEMENT THE CONTENTS STATED IN THE INVESTMENT LICENSE OR INVESTMENT DECISION, THE ELECTRICITY BUSINESS LICENSE AND OTHER LICENSES AS REQUIRED BY LAW.

2. FULLY IMPLEMENT THE AGREEMENTS IN THE CONTRACT SIGNED WITH THE BUYER, THE CONTRACT WITH THE TRANSMISSION UNIT, AND THE PROVISIONS OF THE NATIONAL GRID CONTROL CENTER.

3. ENSURE THE STABLE, SAFE AND QUALITY OF ELECTRICITY PRODUCTION.

4. ENSURE ENVIRONMENTAL PROTECTION STANDARDS AS PROVIDED BY LAW.

5. SUBMIT TO THE INSPECTION AND SUPERVISION OF GOVERNMENT AUTHORITIES AS PROVIDED BY LAW.

6. Fulfill other obligations as prescribed by law.

Section 2

ELECTRICITY TRANSMISSION

Article 18. THE TRANSMISSION NETWORK IS CALCULATED FROM THE DISCONNECTOR OR CIRCUIT BREAKER AT THE OUTPUT OF THE POWER PLANT TO THE CONNECTION POINT AFTER THE DISCONNECTOR OR CIRCUIT BREAKER OF THE TRANSMISSION NETWORK CONNECTED TO THE DISTRIBUTION NETWORK.

THE BOUNDARY BETWEEN THE NATIONAL TRANSMISSION NETWORK AND THE TRANSMISSION NETWORK OUTSIDE THE NATIONAL ELECTRICITY SYSTEM IS THE PROPERTY BOUNDARY OF EACH PARTY.

Article 19.

1. AN INDEPENDENT NETWORK IS PERMITTED TO BE PUT INTO OPERATION WHEN SATISFYING THE FOLLOWING CONDITIONS:

a) CONSTRUCTED ACCORDING TO THE APPROVED DESIGN;

b) INSPECTED AND ACCEPTED ACCORDING TO THE LAWS;

c) HAVE AN ELECTRICITY BUSINESS LICENSE AND OTHER LICENSES AS REQUIRED BY LAW.

2. IN CASE OF CONNECTION TO THE NATIONAL ELECTRICITY SYSTEM, AGREEMENTS ON THE CONNECTION POINT AND THE SIGNING OF THE PURCHASE AND SALE CONTRACT OF ELECTRICITY WITH THE VIETNAM ELECTRICITY CORPORATION ARE REQUIRED.

Article 20.

1. THE OWNERS OF THE TRANSMISSION NETWORK MAY ENTER INTO CONTRACTS WITH OTHER ENTITIES WITH AN ELECTRICITY BUSINESS LICENSE TO MANAGE AND OPERATE THE NETWORK.

2. ORGANIZATIONS AND INDIVIDUALS ENGAGED IN ELECTRICITY BUSINESS MAY ENTER INTO CONTRACTS TO RENT THE TRANSMISSION NETWORK TO USE THE TRANSMISSION SERVICES.

Article 21. RIGHTS AND OBLIGATIONS OF THE ENTITY ENGAGED IN TRANSMISSION OF ELECTRICITY:

1. THE TRANSMISSION ENTITY HAS THE RIGHT TO:

a) INSPECT, ISSUE REPORTS, ADVISE ON ACTIONS OR TEMPORARILY SUSPEND IN CASES OF EMERGENCY AND REPORT TO AUTHORITIES FOR HANDLING VIOLATIONS OF LAWS ON THE SAFETY OF HIGH-VOLTAGE POWER NETWORKS.

b) Recommend to the National Power System Dispatch Center regarding the time and measures for resolving power system incidents;

c) Request the electricity purchaser to provide information on the required amount of electricity to be purchased.

2. Transmission organizations have the obligation:

a) To operate the transmission grid in accordance with technical procedures and safety regulations, ensuring the quality of electrical energy as prescribed;

b) In case of an incident, promptly resolve it and timely inform the contractual counterparties of the cause and resolution time;

c) Fulfill all obligations recorded in the contract with electricity producers, distributors, and other related parties;

d) To fulfill other obligations prescribed by law.

Article 22. In addition to the rights and obligations stipulated in Article 21 of this Decree, entities and individuals with power grids connected to the national power system also have the following rights and obligations:

1. Comply with the unified dispatch management of the National Power System Dispatch Center.

2. Organize the management and operation of the power grid in accordance with technical procedures and safety regulations.

3. Refuse to execute orders from the National Power System Dispatch Center if they perceive serious safety risks to people and equipment, but must bear legal responsibility for their decision.

4. Lodge complaints with the National Power System Dispatch Center and relevant transmission partners regarding the stability and quality of the transmission grid's electrical energy.

Section 3

NATIONAL POWER SYSTEM DISPATCH

Article 23. The National Power System Dispatch is an organization under Vietnam Electricity Corporation called the National Power System Dispatch Center, comprising central dispatch and regional dispatch.

Vietnam Electricity Corporation shall develop the National Power System Dispatch Procedures for submission to the Minister of Industry for review and approval.

Article 24. Rights and Obligations of the National Power System Dispatch Center:

1. The National Power System Dispatch Center has the right to immediately disconnect faulty elements from the system when they pose a serious risk to the safety of people, equipment, and the power system, then report to competent authorities and notify relevant organizations and individuals according to the National Power System Dispatch Procedures.

2. The National Power System Dispatch Center has the obligation:

a) To develop optimal operational methods and system incident handling plans for submission to Vietnam Electricity Corporation for approval and implementation;

b) To manage the national power system to ensure the quality of electrical energy and reliability of power supply;

c) In cases of insufficient power sources, establish load reduction plans, report to Vietnam Electricity Corporation for review and approval, in accordance with the priority order specified in Article 6 of this Decree;, d) Fulfill all obligations recorded in the National Power System Dispatch Procedures in relation to production, transmission, distribution units, and other related parties, while adhering to contracts signed by Vietnam Electricity Corporation or authorized units with electricity buyers and sellers;

Organizations and individuals with power projects connected to the national power system must comply with the unified dispatch management of the National Power System Dispatch Center and implement electricity purchase and sale contracts with permitted electricity distribution organizations and individuals accurately.

đ) To fulfill other obligations prescribed by law.

Article 25. Electricity Purchase and Sale Contracts

 

Chapter IV

Electricity purchase and sale contracts must be executed in accordance with a contract. An electricity purchase and sale contract is a document detailing the rights, obligations, and relationships between the seller and buyer of electricity. There are two types of electricity purchase and sale contracts:

Section 1

a) Civil contract, applicable for electricity purchases for household purposes, implemented in accordance with the Civil Code. The model contract is defined by the Ministry of Industry;

Article 26.

b) Economic contract, applicable for electricity purchases for production, business, and other purposes, implemented in accordance with the Ordinance on Economic Contracts.

2. The parties signing the contract are responsible for fully implementing the provisions of the contract. In practical situations, if the electricity supply does not meet the buyer's needs, the seller must inform the buyer of the system's supply capacity before signing or adjusting the contract. If no agreement can be reached, the parties may request the provincial or centrally-administered city industry department to resolve the issue.

1. Conditions for signing a civil contract for electricity purchase and sale:

a) The electricity buyer must submit a purchase request form along with a valid copy of one of the following documents: permanent residence registration or temporary residence certificate, property ownership certificate, or lease contract;

Article 27.

b) The electricity buyer must have the legal capacity for civil acts as prescribed by law; for those with limited or no capacity for civil acts, authorization must be carried out in accordance with the Civil Code;

c) The household power grid must meet technical standards as prescribed by law;

d) The metering system must be installed according to design, tested to national standards, and sealed and affixed with tamper-proof seals as prescribed;

đ) The electricity buyer must pay for the installation costs of branch lines from the seller's grid to the buyer's premises or managed assets.

2. When all conditions stipulated in Clause 1 of this Article are fully met, the parties must sign the contract within seven days, and the seller must energize the connection.

Upon receiving the purchase request from the buyer, if the seller cannot sell electricity due to lack of conditions, the seller must respond in writing to the buyer within five days.

1. Conditions for signing an economic contract for electricity purchase and sale:

a) Both the buyer and seller must be legal entities or individuals registered for business operations in accordance with the law;

Article 28.

b) The electricity buyer, who is an organization or individual using electricity, must submit a request specifying the purpose of electricity use and a list of electrical equipment capacities. For organizations or individuals using electricity with a capacity of 80 kW or more, or transformers with a capacity of 100 KVA or more, they must register load profiles and technical characteristics of production lines;

c) The power project must be constructed and accepted according to standards and designs approved by competent authorities.

b) The electricity purchaser, being an organization or individual using electricity, must have a written request specifying the purpose of electricity usage and a list detailing the power capacity of the electrical equipment used. For organizations or individuals using electricity with a consumption capacity of 80 kW or higher, or having a transformer capacity of 100 KVA or more, must register load profiles and the technical characteristics of the production line;

c) Electrical works must be constructed and accepted in accordance with standards and designs approved by competent authorities;

d) The measurement system must be installed according to design specifications and sealed with lead seals, inspected, and certified to meet standards by state management agencies for standardization and measurement quality or authorized organizations.

2. The power supply time shall be agreed upon by both parties in the contract.

Article 29. An electricity buyer with an independent power generation source may sell electricity to the national power grid when there is demand from the national power grid. The selling price of electricity to the national power grid shall be agreed upon by both parties. In case the two parties cannot reach an agreement, each party has the right to request the competent state authority to resolve the issue.

Article 30. Exporting and importing electricity shall be carried out in accordance with agreements signed or participated in by the Government of Vietnam with the governments of relevant countries.

Section 2

QUALITY STANDARDS FOR ELECTRIC ENERGY

Article 31. The seller must ensure that the electric energy provided to the buyer meets the following requirements:

1. Regarding voltage:

Under normal conditions, the voltage is allowed to fluctuate within ±5% of the rated voltage and is measured at the secondary side of the transformer supplying power to the buyer or at another location agreed upon in the contract when the buyer achieves a power factor (cosj) of 0.85 and complies with the agreed load curve in the contract.

In cases where the power grid is not stable, the voltage can fluctuate between +5% and -10%.

2. Regarding frequency: under normal conditions, the system frequency is allowed to fluctuate within ±0.2Hz from the rated frequency of 50Hz. In cases where the power grid is not stable, a frequency deviation of up to ±0.5Hz is permitted.

3. If the buyer requires higher quality electric energy than specified in Clauses 1 and 2 of this Article, the parties must agree on this in the contract.

Article 32.

1. Under conditions where the power grid ensures the quality of electric energy as prescribed, electricity buyers for production, business, and service purposes with a consumption capacity of 80kW or more or a transformer capacity of 100kVA or more must ensure a power factor (cosj) of at least 0.85 at the meter installation point.

2. In cases where cosj is less than 0.85, the electricity buyer must take the following measures:

a) Install reactive power compensation equipment to increase the power factor to at least 0.85;

b) Purchase additional reactive power from the seller's power system.

3. In cases where the electricity buyer has the ability to inject reactive power into the grid, the two parties may agree on the purchase and sale of such power in the contract. The Ministry of Industry and the State Price Board shall guide the purchase and sale of reactive power as stipulated in Clause 2 and Clause 3 of this Article.

Section 3

MEASUREMENT OF ELECTRIC ENERGY

Article 33.

1. Measurement of electric energy shall be conducted using measuring devices (meters, current transformers, voltage transformers) that have been calibrated by authorized calibration organizations and sealed.

2. Only organizations with authority or authorized according to regulations of the General Bureau of Standardization, Metrology, and Quality Control may conduct calibration of electric energy measuring devices.

Article 34. In cases where the electricity buyer uses electricity for multiple purposes with different rates, each rate object must have its own meter. In cases where separate meters cannot be installed, a shared meter must be used, and the two parties must agree on the method of calculating the proportion of electricity consumption according to each rate in the contract.

Article 35.

1. The seller is responsible for investing in calibrated measuring devices to sell electricity to the buyer and bears responsibility for the conformity and accuracy of these devices, except in cases where the two parties have agreed otherwise.

Organizations and individuals using electricity for production, business, and services with three-phase electrical equipment and a consumption capacity of 80kW or more or a transformer capacity of 100kVA or more must install active meters and reactive meters.

Meters and other measuring equipment, meter protection devices, and safety equipment attached are the property of the electricity seller; the costs of labor and materials for installation shall be borne by the electricity buyer.

The location of the meter shall be agreed upon by the buyer and seller and must meet safety, aesthetic, and convenience requirements for checking the meter readings of both parties. If the two parties cannot agree on the meter location, the seller may propose to the Provincial Department of Industry for consideration and decision.

Article 36.

1. When suspecting that the meter is running inaccurately, the electricity buyer has the right to request the seller to inspect it. The seller must inspect and repair the meter within no later than three days after receiving the buyer's request. The seller must bear the cost of inspection and repair of the meter.

2. If the buyer disagrees with the inspection and repair results of the seller, the buyer has the right to appeal to the Provincial Department of Industry and request that organization to designate an independent calibration body to re-inspect. Based on the inspection results:

a) If the meter runs accurately, the buyer must pay for the inspection costs;

b) If the meter runs inaccurately (too fast or too slow), the seller must repair it and pay for the inspection and repair costs of the meter.

3. While waiting for the inspection results, the electricity buyer must still pay the electricity bill on time based on the meter reading. After receiving the conclusion of the calibration organization, the settlement of the difference in electricity consumption will be carried out according to Article 40 of this Decree.

4. When replacing the meter, the buyer and seller must jointly sign a record confirming the meter reading.

Article 37.

1. The seller is responsible for:

a) Organizing initial calibration, regular and emergency calibration, and replacement of meters to ensure they operate within permissible error limits. When replacing a meter, the seller must inform the buyer;

b) For meters placed outside the buyer's asset management area that are lost or damaged without the buyer's fault, the seller must install a new meter and restore power to the buyer within seven days from the date of recording the loss or damage of the meter;

c) For organizations and individuals using electricity for residential purposes, the meter reading must be recorded once a month, allowing a shift in the meter reading time by up to one or two days before or after the scheduled date. If the meter reading day coincides with a public holiday or Tet, the reading will be taken one or two days before or after the holiday;

d) For organizations and individuals using electricity for non-residential purposes, the meter reading is regulated as follows:

Below 10,000 kWh/month, the meter reading must be taken once a month.

For monthly electricity consumption from 10,000 to 50,000 kWh, the meter index shall be recorded twice in one month.

For monthly electricity consumption over 50,000 kWh, the meter index shall be recorded three times in one month.

d) For organizations and individuals using less than 15 kWh/month, the recording of the meter index may be conducted once every three months. In cases where the electricity consumption over three months is less than 15 kWh, the correct index on the meter shall be recorded, and the seller may collect a fixed cost equivalent to the value of 15 kWh according to the current electricity tariff schedule.

e) Notify the buyer of the amount of electricity consumed in the month through a meter reading slip clearly stating the name of the person recording the meter index. Any change in the meter reading date must be reported to the buyer.

Ensure the accuracy of the recorded meter index.

h) In case of detecting the buyer's fraudulent behavior in electricity usage by damaging or tampering with the meter index, the seller has the right to prepare a record of such violation and recommend the relevant state management authority to handle it.

2. The buyer shall have the responsibility to:

a) Promptly notify the seller when discovering that the meter is missing, damaged, or suspected of running inaccurately.

b) Protect the meter within their property management scope (including seals and wiring diagrams). If the meter is lost or damaged, compensation or repair costs shall be borne by the buyer.

c) Not dismantle or move the meter without permission. When relocation is necessary, it must be agreed upon by the seller before proceeding. The cost of relocating the meter shall be borne by the buyer.

Section 4

ELECTRICITY PRICES AND PAYMENT FOR ELECTRICITY

Article 38.

1. The national electricity tariff schedule shall be established by the Ministry of Industry, submitted for approval by the Prime Minister after receiving the review opinions of the Government Price Board and related agencies.

2. Organizations and individuals purchasing electricity from the national power system for resale to others must comply strictly with the approved electricity tariff schedule by the Prime Minister.

3. The selling price of electricity for independent power entities shall be regulated as follows:

a) The selling price of electricity to Vietnam Power Corporation integrated into the national power system shall be agreed upon in the contract between both parties. In special cases where agreement cannot be reached, both parties shall propose to the competent state authority for resolution by the Prime Minister.

b) In cases of direct sale of electricity to organizations and individuals using electricity, the price shall be agreed upon in the contract between both parties. In special cases where agreement cannot be reached, both parties shall propose to the competent state authority for resolution.

Article 39.

1. The quantity of electricity for payment shall be determined based on the indices and technical parameters of the measuring devices. The method of determining the quantity of electricity for payment must be clearly stated in the contract.

2. The pricing level for paying electricity charges shall be implemented as stipulated in Article 38 of this Decree.

3. Electricity charges shall be paid in Vietnamese Dong. The payment methods and conditions shall be specified in the power purchase and sale contract. In cases where the electricity price is calculated in foreign currency, it shall be converted into Vietnamese Dong at the average exchange rate published by the inter-bank foreign exchange market on the first day of the month when the invoice is issued. Electricity transactions in export processing zones and open economic zones shall be conducted in the currency agreed upon by both parties in the contract.

4. Electricity charges payable according to meter readings shall be regulated as stipulated in Points c, d, and đ of Clause 1 of Article 37 of this Decree.

5. Upon receipt of a request for payment of electricity charges, if the buyer has not made payment, the seller shall send a payment notice to the buyer. Within seven days from the date of receipt of the payment notice from the seller, the buyer shall be responsible for making payment. If the buyer fails to make payment beyond this period, then:

a) For civil contracts: the seller may agree to allow the buyer to delay payment if there is a valid reason. If the buyer still fails to pay beyond the agreed extension period, the seller has the right to temporarily suspend electricity sales.

b) For commercial contracts: if the seller agrees to allow the buyer to delay payment, the buyer shall bear the interest rate of a three-month term commercial loan of the Vietnam Commercial Bank on the overdue amount starting from the tenth day. If the buyer still fails to pay beyond the agreed extension period, the seller has the right to temporarily suspend electricity sales. Vietnam if the buyer has not made payment, the seller has the right to temporarily suspend the sale of electricity.

6. For electricity used for water conservancy purposes, including irrigation and drainage for rice, vegetables, and intercropped industrial crops in rice and vegetable areas, the payment deadline shall be agreed upon by both parties but shall not exceed 120 days from the date of receipt of the payment notice.

Article 40. In cases where the meter is missing, operating inaccurately, or stopped functioning, the quantity of electricity for payment shall be determined as follows:

1. If the meter runs faster than the prescribed standard:

a) In cases where the exact time of fast operation cannot be determined, the seller shall refund the excess electricity charges, calculated over four meter reading cycles, including the current cycle up to the next meter reading date.

b) In cases where the exact time of fast operation can be determined, the seller shall refund the actual excess electricity charges collected from the buyer.

2. If the meter runs slower than the prescribed standard:

a) In cases where the exact time of slow operation cannot be determined, the seller may collect additional electricity charges for the shortfall during a period not exceeding two meter reading cycles, including the current cycle up to the next meter reading date.

b) In cases where the specific time of slow operation can be determined and there is a valid reason, the buyer shall repay the outstanding electricity charges to the seller.

3. If the meter stops functioning or is missing while the buyer continues to use electricity, the quantity of electricity for payment during the temporary supply period without metering shall be the average daily electricity consumption of the three most recent meter reading cycles multiplied by the number of days of temporary supply.

4. In cases where the buyer has installed multi-rate meters, during the period when the multi-rate meters are damaged and no replacement is available, temporary single-rate meters shall be used, and electricity charges shall be calculated based on normal hourly rates.

Section 5

RIGHTS AND OBLIGATIONS OF THE SELLER

Article 41. The seller has the right to:

1. Refuse to sign the electricity sale contract when the buyer does not meet the conditions stipulated in Article 27 and Article 28 of this Decree.

2. Periodically and randomly check the performance of the terms in the electricity purchase and sale contract, prepare a record if the buyer breaches the contract.

3. Cut off power before notifying the buyer in case of serious risk of accidents, endangering people and equipment.

4. Detect and record administrative violations related to electricity activities and electricity usage by all organizations and individuals, and promptly report to the competent authority for examination and handling in accordance with the law.

5. Cease selling electricity partially or entirely when the buyer violates any of the following cases:

a) Using equipment that does not meet the prescribed safety standards, posing a serious risk to the power grid and threatening the safety of people and equipment.

b) The buyer violates the provisions of Clause 5 and Clause 6 of Article 39 of this Decree.

c) The buyer obstructs the seller's inspection in the implementation of the electricity purchase and sale contract.

d) Engaging in fraudulent behavior while using electricity.

đ) Using electricity that poses danger to people, animals, state property and citizens, adversely affecting the environment.

e) Intentionally tampering with the operation of the metering system.

g) Other cases as required by the competent state agency.

6. Selling electricity again can only be carried out after the buyer has fully implemented the decision on handling by the competent authority when violating any of the points specified in Clause 5 of this Article and has paid the fee for power disconnection and reconnection as prescribed by the Ministry of Industry.

7. The Ministry of Industry shall prescribe the procedures and formalities for ceasing power supply.

Article 42. The seller has the obligations:

1. To sell sufficient quantity (capacity, energy), ensuring stable quality (frequency, voltage) to the buyer in accordance with the provisions of Article 31 of this Decree and the agreements in the contract.

2. To notify in writing and publicly post at the transaction locations for electricity purchase and sale about relevant laws and regulations and the seller's rules that the buyer needs to know to jointly implement.

3. In case of planned power cut, notify the buyer at least five days before the scheduled power cut date through the following methods:

a) Sending a written notice to organizations and individuals using electricity for production and those with dedicated transformer stations.

b) Announcing on mass media for organizations and individuals using electricity for daily life.

4. Carry out the power cut at the notified time. If the buyer requests a change in the power cut time, the buyer must discuss with the seller at least 48 hours before the scheduled power cut time. The seller has the responsibility to consider and reasonably resolve the buyer's request.

If the power cut cannot be postponed, the seller may still carry out the planned power cut but must notify the buyer at least 24 hours before the previously announced power cut time.

If the seller agrees to change the time or postpone the power cut, they must notify the buyer at least 24 hours before the previously announced power cut time, except in cases of force majeure.

5. When the power grid experiences an accident causing power outage or emergency power cut to handle dangerous situations, promptly notify organizations and individuals using large amounts of electricity and important users about the expected time for power restoration.

6. Conduct fault handling within two hours from the time the buyer reports the power outage; if the above deadline cannot be met, promptly notify the buyer.

7. Compensate the buyer for losses caused by the seller according to the provisions and agreements in the contract, except in cases of force majeure.

8. Implement signing contracts and selling electricity as prescribed in Articles 27 and 28 of this Decree.

9. Agree with the owner when using the buyer's electrical facilities to supply electricity to other organizations and individuals.

10. Accept inspections and audits by the competent state agencies as prescribed by law.

11. Fulfill other obligations as prescribed by law.

Chapter 6

RIGHTS AND OBLIGATIONS OF THE ELECTRICITY BUYER

Article 43. The electricity buyer has the rights:

1. To choose the electricity seller.

2. To request the seller to sign the electricity sale contract when meeting the conditions stipulated in Article 27 and Article 28 of this Decree.

3. To request the seller to provide sufficient quantity, ensure quality and delivery time as stated in the contract.

4. To request the seller to immediately address power outages or potential risks of power outages that threaten safety and negatively impact the environment.

5. To request the seller to provide or introduce relevant legal documents related to electricity purchase and sale.

6. To request the seller to compensate for losses caused by the seller's fault as stipulated in Clause 7 of Article 42 of this Decree.

7. To cooperate with the seller to inspect the implementation of contract terms. If the seller fails to comply with the contract provisions, the buyer should request the seller to confirm in writing and take appropriate measures to address the issue.

Article 44.

1. The electricity buyer has the obligations:

a) To register electricity usage requirements with the seller, sign the contract, and fully comply with the provisions and agreements in the electricity purchase and sale contract.

b) To immediately reduce the current usage capacity to the limited capacity as notified by the seller when there are force majeure reasons affecting the power system.

c) To use electricity correctly, safely, and efficiently.

d) To immediately notify the seller if metering equipment is found to be damaged or suspected of inaccurate operation.

đ) To notify the seller in writing at least 15 days in advance if there is a need to change contract terms for discussion on contract modification.

g) To notify the seller in writing at least 15 days in advance if there is a need to terminate the electricity purchase and sale contract. Within five days from receiving the buyer's notification, both parties will proceed to terminate the contract according to the regulations.

h) To facilitate the seller's inspection of the implementation of the electricity purchase and sale contract, and to comply with the requirements and recommendations of the competent state agency as prescribed by law.

i) Compensate the seller for damages caused by their own fault in accordance with the provisions of the law and specific agreements in the electricity purchase contract;

k) Fulfill other obligations as prescribed by law.

2. In addition to the obligations stipulated in Clause 1 of this Article, the electricity buyer, who is an organization or individual using electricity, shall not sell electricity to another organization or individual using electricity without the consent of the electricity seller; except in special cases where urgent needs and emergencies must be addressed, but they must immediately inform the electricity seller.

 

Chapter V

SUPPLY OF ELECTRICITY TO INDUSTRIAL ZONES

Article 45.

1. The investment and management boundary of the power grid between the electricity seller and the electricity buyer for industrial zones, export processing zones, and high-tech zones (hereinafter referred to as industrial zones) is the land boundary of the industrial zone determined by the competent authority.

2. The point of connection to the power grid and the form of connection are agreed upon in writing by both parties.

Article 46.

1. Electricity for industrial zones may be supplied from the national power system or from independent power sources of other organizations and individuals after obtaining a written agreement from the Ministry of Industry.

2. During the process of preparing the feasibility report for the industrial zone, the developer of the industrial zone must agree with the electricity seller on the power supply plan for the industrial zone. After the Prime Minister's decision to establish the industrial zone, the developer responsible for constructing and operating the infrastructure of the industrial zone must sign a commitment with the electricity seller regarding the electricity demand during each period. The supply of electricity to the industrial zone can only be carried out after the business entity supplying electricity within the industrial zone signs a power purchase contract with the electricity seller.

3. The developer of the power project within the industrial zone has the right to sign a contract for the management, operation, and maintenance of the power system with a unit holding a power business license.

Article 47. Investment in building the power grid within the industrial zone must comply with the approved objectives of the investment and business infrastructure project by the Prime Minister and the power supply planning for the industrial zone approved by the provincial people's committee or the municipal people's committee under the central government.

Article 48. The sale of electricity from an independent power plant outside the industrial zone must be permitted by the licensing agency, after obtaining the agreement of the Ministry of Industry.

Article 49. Only enterprises holding a power business license are allowed to buy and sell electricity within the industrial zone. If purchasing electricity from the national power system for resale, the price of electricity purchase and sale shall be implemented according to Clause 2 of Article 38 of this Decree.

 

Chapter VI

SUPPLY OF ELECTRICITY TO RURAL AREAS, MOUNTAINOUS REGIONS, AND ISLANDS

Article 50. The development and management of rural power grids (hereinafter referred to as rural power grids) shall be carried out according to the following principles:

1. Rural power grids are infrastructure that are invested in based on the principle of "State and people, central and local governments working together," with diversified investment and management methods for electricity supply.

2. Developers investing in power grids in areas listed in Categories B and C as specified in Decree No. 51/1999/NĐ-CP dated July 8, 1999, issued by the Government detailing the implementation of the Law on Encouraging Domestic Investment (amended), are eligible to borrow preferential loans at lower interest rates than the state's credit investment development capital.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Industry, the Ministry of Planning and Investment to guide the implementation of this provision.

3. The ceiling price for selling electricity for household use in rural areas shall be set by the Prime Minister. The Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the provincial people's committee or the municipal people's committee under the central government shall specify the specific prices for each region.

4. Organizations managing rural electricity purchasing electricity from the national power system to sell directly to households in rural areas for household use shall be exempted or granted tax reductions in accordance with the law.

Article 51. The construction of new, renovation, and upgrading of rural power grids shall be carried out as follows:

1. Medium voltage transmission lines and low voltage sub-stations shall be invested in and managed by Vietnam Power Corporation, except when the Prime Minister specifies otherwise.

2. Low voltage trunk lines shall be funded through local resources mobilization.

3. Branches from the low voltage trunk lines to the electricity usage points shall be invested in by organizations or individuals using electricity.

4. The State shall provide financial support for the construction of low voltage trunk lines and branches leading to households in mountainous regions of Zones II and III, border communes, and families under policy provisions.

5. Mountainous, island, remote, and extremely difficult areas that cannot bring the national power grid or where it is economically unfeasible to do so, when constructing local power sources such as small hydropower plants, diesel power, solar power, and other forms of energy, the State shall provide financial support for construction and enjoy other benefits as prescribed by law.

 

Chapter VII

STATE MANAGEMENT OF ELECTRICITY ACTIVITIES AND USE

Article 52. The content of state management over electricity activities and use includes:

1. Issuing, directing, and organizing the implementation of legal normative documents on electricity activities and use.

2. Building, directing, and organizing the implementation of policies, planning, and long-term plans for the development of the electricity sector.

3. Reviewing and approving investment projects for power facilities according to the management hierarchy.

4. Issuing power business licenses.

5. Issuing and supervising the implementation of technical and economic standards, indicators, and norms in electricity activities and use.

6. Issuing electricity sales tariffs.

7. Inspecting, auditing, resolving complaints and reports, and handling violations in electricity activities and use.

8. International cooperation and management of import and export in the field of electricity activities.

9. Inspecting and auditing the safety of power facilities.

10. Training and professional development for electricity staff; educating the public on electricity use and protection of power facilities.

11. Rewarding and punishing in electricity activities and use.

Article 53.

1. The Government shall uniformly manage state affairs concerning electricity activities and use throughout the country.

2. The Ministry of Industry is the agency assisting the Government in performing state management functions over electricity activities and electricity usage, with the following tasks and powers:

a) Drafting, submitting to the Government and the Prime Minister for issuance, or issuing within its authority, normative legal documents on electricity activities and electricity usage;

b) Organizing the development, examination, submitting to the Prime Minister for approval, and managing the implementation of national electricity development plans, electricity development plans for Hanoi City and Ho Chi Minh City. Approving electricity plans for other provinces and centrally-run cities;

c) Issuing, adjusting, extending, and revoking licenses for electricity activities according to its authority;

d) Fulfilling the responsibilities of the Ministry in state management of the electricity sector in investment construction works according to the classification of the Government;

đ) Issuing and supervising the implementation of economic and technical standards, cost norms, and specialized construction unit prices;

e) Conducting specialized inspections, handling complaints and accusations, and dealing with violations in electricity activities and electricity usage according to its authority;

g) Cooperating with relevant Ministries and agencies in managing import and export, and international cooperation regarding electricity activities;

h) Organizing inspections and safety checks of electricity projects;

i) Cooperating with relevant Ministries and agencies in reviewing and resolving issues related to electricity pricing, investment, finance, labor wages, environmental protection, professional training, and other matters concerning electricity activities and usage;

k) Promoting education and guidance on implementing measures to conserve electrical energy.

3. Ministries, agencies at the level of ministries, and government agencies within their respective duties and powers shall be responsible for coordinating with the Ministry of Industry in state management of electricity activities and electricity usage as prescribed by the Government.

4. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees at all levels shall perform state management functions over electricity activities and electricity usage within their localities as prescribed by the Government. The Department of Industry shall assist provincial People's Committees in performing state management functions over electricity activities and electricity usage in their localities.

Article 54. The Inspectorate of the Ministry of Industry shall carry out specialized inspection functions over electricity activities and electricity usage as prescribed by the Government.

 

Chapter VIII

REWARD AND VIOLATION HANDLING

Article 55. Organizations and individuals who have outstanding achievements in electricity activities and electricity usage, contributing positively to the development of the electricity industry in Vietnam, shall be rewarded according to the provisions of the law.

Article 56. The following acts shall be considered as violations of the law on electricity activities and electricity usage:

1. Engaging in electricity activities without a license from the competent authority and business registration certificate; engaging in electricity activities not in accordance with the contents and duration recorded in the electricity activity license and business registration certificate; continuing electricity activities after being suspended or deprived of the right to operate by the competent authority.

2. Issuing electricity activity licenses to organizations and individuals who do not meet the conditions, or refusing or delaying the issuance of electricity activity licenses to organizations and individuals who meet the conditions as stipulated by the Ministry of Industry.

3. Investing in electricity development not in compliance with the provisions of this Decree and other laws on planning and developing electricity.

4. Violating procedures and regulations in electricity production, transmission, and distribution; failing to comply with orders from power system dispatching authorities at various levels.

5. Acts violating the law on electricity activities and electricity usage by electricity sellers include:

a) Delaying the signing of electricity purchase and sale contracts when conditions for electricity purchase and sale are met; delaying the provision of electricity after the electricity purchase and sale contract has been signed;

b) Failing to ensure the quality, quantity, and stability of electricity supply according to the signed contract, except in cases of force majeure;

c) Cutting off electricity supply without adhering to the announced schedule, except as provided for in Clause 3, Article 41 of this Decree;

d) Failing to notify the buyer about power grid failures as required and delaying repairs when such failures occur, except in cases of force majeure;

đ) Delaying the energization of facilities that have met operational conditions without justifiable reasons;

e) Recording incorrect electricity meter readings, calculating bills incorrectly, selling electricity at incorrect prices;

g) Using measuring devices that do not meet specified standards;

h) Using the buyer's electricity facilities to supply electricity to other organizations and individuals without authorization;

i) Disconnecting customers who are not subject to power rationing during shortages, except as provided for in Clause 3, Article 41 of this Decree;

k) Obstructing authorized agencies from inspecting electricity sales;

l) Failing to provide information to electricity buyers as required under Clause 2 and Clause 3, Article 42 of this Decree;

m) Refusing or delaying compensation to buyers according to the decision of authorized agencies for damages caused by their own fault;

n) Other acts violating the law on electricity activities and electricity usage.

6. Acts violating the law on electricity activities and electricity usage by electricity buyers include:

a) Delaying the signing of electricity purchase and sale contracts when conditions for electricity purchase and sale are met, and delaying the execution of contracts already signed in cases of bulk electricity purchases for resale to other organizations and individuals;

b) Using electricity for purposes other than those stated in the contract;

c) Failing to reduce capacity as requested by the seller due to force majeure incidents;

d) Exceeding registered capacity in the load profile chart in the purchase and sale contract during peak hours.

đ) Using additional electricity sources from the seller outside those specified in the contract, except when the buyer is an organization or individual purchasing electricity in bulk for resale to others;

e) Supplying electricity to other organizations and individuals using electricity through their own electricity facilities without the seller's consent;

g) Disconnecting, repairing, moving equipment and power grid facilities belonging to the seller;

h) Failing to terminate contracts when electricity usage ceases;

i) Damaging the seller's electrical equipment and facilities;

k) Delaying payment as stipulated in Clause 5 and Clause 6, Article 39 of this Decree without justifiable reasons;

l) Causing damage to the seller's power system;

m) Violating regulations on power grid safety zones;

n) Using electricity in ways that endanger people and animals, causing damage to state and public property, and adversely affecting the environment;

o) Fraudulently using electricity in any form;

p) Obstructing authorized agencies from inspecting electricity usage.

q) Delaying or failing to compensate the electricity seller according to the decision of the competent authority for damages caused by their own fault;

r) Other acts violating laws on electricity activities and electricity usage.

Article 57.

1. Organizations and individuals violating the provisions of Article 56 of this Decree and other provisions of laws on electricity activities and electricity usage shall be handled as follows:

a) Organizations and individuals committing administrative violations in electricity activities and electricity usage shall be subject to administrative penalties under the Government's Decree stipulating administrative penalties in the field of electricity;

b) Organizations and individuals breaching contracts shall be dealt with according to the provisions of the law on contracts;

c) Individuals violating electricity activities and electricity usage who have all elements constituting a crime shall be held criminally responsible, and if damage is caused, they must compensate according to the law;

2. The authority to impose fines, the level of fines, and the management and use of fine revenues for breaches of contract and administrative violations in the field of electricity activities and electricity usage shall be carried out in accordance with the law;

The Ministry of Industry shall take the lead and coordinate with the Ministry of Finance to guide the management and use of fine revenues;

Article 58.

1. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels have the right to impose fines on administrative violations in the field of electricity activities and electricity usage within their jurisdiction;

2. Specialized electricity inspection agencies and other competent authorities have the right to impose fines on administrative violations in electricity activities and electricity usage according to the law;

Article 59.

1. Organizations and individuals subject to administrative penalties or contract breaches have the right to appeal against the administrative penalty decision or contract breach decision to the competent state agency or file a lawsuit before the competent court according to the law;

2. During the appeal period or lawsuit, organizations and individuals must still comply with the administrative penalty decision or contract breach decision according to the law. When there is a decision resolving the appeal from the competent authority or when there is a court judgment, it shall be implemented according to those decisions;

 

Chapter IX

IMPLEMENTING PROVISIONS

Article 60. This Decree takes effect fifteen days after its signing date. Other provisions contrary to this Decree are abolished;

Decision No. 80/HĐBT dated July 19, 1983 of the Council of Ministers promulgating the Regulations on Supply and Electricity Usage ceases to be effective.

Article 61. Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees under the Central Government are responsible for implementing this Decree./.