Decision No. 52/2001/QD-BCN On the issuance of regulations on the procedures and formalities for ceasing power supply

DECISION OF THE MINISTER OF INDUSTRY

Regarding the issuance of Regulations on Procedures and Formalities for Ceasing Power Supply

THE MINISTER OF INDUSTRY

Based on Decree No. 74/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Industry;

Based on Decree No. 45/2001/NĐ-CP dated August 2, 2001 of the Government on electricity activities and power usage;

At the proposal of the Director of the Legal Department and the Director of the Technical Inspection and Safety Supervision Department,

DECISION:

Article 1 These Regulations on Procedures and Formalities for Ceasing Power Supply are hereby issued together with this Decision.

Article 2. This Decision shall take effect 15 days after the date of signature.

Article 3. The Head of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments under the Ministry, General Directors of Vietnam Electricity Corporation, Directors of Provincial Industrial Departments, Central City Industrial Departments, and Heads of relevant agencies shall be responsible for implementing this Decision./. REGULATIONS ON PROCEDURES AND FORMALITIES FOR CEASING POWER SUPPLY

(Issued together with Decision No. 52/2001/

QĐ-BCNdated November 12, 2001 of the Ministry) These regulations stipulate procedures and formalities for ceasing power supply pursuant to Decree No. 45/2001/NĐ-CP dated August 2, 2001 of the Government on electricity activities and power usage. Ministry of Science and Technology Industry)

Chapter I

GENERAL PROVISIONS

Article 1. In all cases of ceasing power supply, the seller of electricity must notify the buyer of electricity in advance except in the cases provided for in Article 8 of these Regulations.

Article 2. . The content of the notice of ceasing power supply includes:

Article 31. Location of ceasing power supply.

2. Reason for ceasing power supply.

3. Time of commencement of ceasing power supply.

4. Estimated time of resuming power supply.

. The notice of ceasing power supply shall be made by one of the following methods: written document, telegram, telex, telephone, fax, email, other forms of electronic information, or public media.

Article 4The forms of notification shall be agreed upon by both parties and recorded in the power purchase and sale contract.

The person notifying the cessation of power supply must be the contractual subject of the seller of electricity or a person authorized by them.

When ceasing power supply and resuming it, the procedures and formalities prescribed in current technical and safety regulations for electricity and in these Regulations must be strictly followed.

Article 5. In these Regulations, the following terms are understood as follows:

Article 6. 1. Organizations and individuals using large amounts of electricity

are organizations and individuals consuming at least 50,000 kWh/month, having a usage capacity of at least 80 kW or a transformer capacity of at least 100 kVA. 2. Important electricity users

are those determined based on their importance to the country and society. The People's Committee of provinces and centrally-administered cities shall determine the level of importance of organizations and individuals using electricity within their jurisdiction and inform the provincial or city electricity management units. 3. Total cessation of power supply

means ceasing power supply to all points of use specified in the signed contract. 4. Partial cessation of power supply

means ceasing power supply to one or some points of use specified in the signed contract. 5. Force majeure event

means an event occurring objectively that the seller of electricity cannot control, foresee, or avoid despite applying all necessary measures within its capability. Force majeure events include: storms, typhoons, whirlwinds, floods, lightning, drought, earthquakes, wars, sabotage... SITUATIONS REQUIRING THE CEASING OF POWER SUPPLY

Chapter II

Ceasing power supply according to plan.

Article 7. 1. Ceasing power supply according to the plan of the seller of electricity in the following cases:

a) The seller of electricity has the need to repair, maintain, overhaul, or construct electrical works;

b) Adjusting and limiting peak load due to insufficient power;

c) Other needs according to the plan.

2. Ceasing power supply according to the request of related agencies involves ceasing power supply according to requests regarding construction, transportation, and the environment.

3. Ceasing power supply according to the request of the buyer of electricity.

4. Emergency cessation of power supply.

Article 8Ceasing power supply partially or entirely in the following situations is considered an emergency cessation of power supply due to an incident or emergency:

1. An incident occurs in the power system.

posing a risk of causing serious incidents or severe safety hazards to people, equipment, and the power system.

2. Equip 3. Due to insufficient capacity threatening the safety of the power system.

4. Caused by third-party violations of the power grid corridor that the seller of electricity cannot control.

5. Force majeure events.

6. Ceasing power supply due to violations of power usage.

Article 9The seller of electricity has the right to cease power supply partially or entirely when the buyer of electricity violates any of the following circumstances:

1. Using equipment not meeting the prescribed electrical safety standards, posing a serious risk of causing incidents to the power grid, endangering the safety of people and equipment.

2. Violating Clause 5, Clause 6 of Article 39 of Decree No. 45/2001/NĐ-CP on electricity payment.

3. Obstructing the inspection by the seller of electricity in the implementation of the power purchase and sale contract.

4. Engaging in fraudulent behavior while using electricity.

5. Using electricity to endanger people, animals, state property, and the public, affecting the environment adversely.

Intentionally tampering with the operation of the metering system.

b) Take the lead and coordinate with the Exit and Entry Administration Department to issue various forms: "Application for Passport Issuance"; "Application for Passport Renewal, Supplement, and Amendment"; "Application for Travel Permit"; "Curriculum Vitae". 7. Other cases as required by competent state authorities.

PROCEDURES AND FORMALITIES FOR CEASING POWER SUPPLY

Chapter III

1. The seller of electricity must notify the buyer of electricity at least five days before the cessation of power supply by the following methods:

Article 10. 1. Ceasing power supply according to the plan of the seller of electricity in the following cases:

a) Sending a written document or another form of notification agreed upon by both parties in the contract

to organizations and individuals using large amounts of electricity and important electricity users;

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

2. After announcing the cessation of power supply, the seller of electricity shall proceed to cease power supply at the time announced.

3. If the buyer of electricity requests a change in the cessation time, they must discuss with the seller of electricity at least 48 hours before the cessation time.

The seller of electricity has the responsibility to consider and reasonably resolve the request of the buyer of electricity:

a) If the cessation of power supply cannot be postponed, the seller of electricity may still cease power supply according to the plan but must notify the buyer of electricity again at least 24 hours before the announced cessation time;

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

b) In case the seller agrees to change the time or postpone the power supply interruption, they must notify the buyer at least 24 hours before the previously announced power supply interruption time, except in cases of force majeure.

4. After completing the cessation of power supply, the seller must fully record the time, content, and procedures for the cessation of power supply in the work log or operation log.

5. The seller shall restore power supply according to the notified deadline; in case the restoration deadline changes (after the notified deadline), the seller must promptly notify the buyer.

Article 11. Emergency Cessation of Power Supply.

When one of the cases stipulated in Article 8 of this Regulation occurs, the seller has the right to cease power supply in advance and then carry out the following tasks:

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

2. Notify in writing or by another agreed notification method between both parties regarding the content specified in Clause 1 of this Article to organizations and individuals using large amounts of electricity and important electricity users.

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

4. Cooperate with related parties to urgently address the issue to restore power supply as quickly as possible.

Article 12. Cessation of Power Supply Due to Electricity Usage Violations.

When the buyer violates one of the provisions stipulated in Article 9 of this Regulation, the seller prepares a record (except Clause 2) and implements the cessation of power supply according to the following procedures:

1. For violations of Clause 1 and Clause 5 (not reaching the level requiring emergency cessation of power supply): The seller sends a notice of cessation of power supply to the buyer at least 24 hours before the cessation time. If the buyer does not comply with the requirements recorded in the record beyond the above period, the seller may cease power supply at the time indicated in the notice of cessation of power supply.

In case the buyer intentionally delays compliance with the requirements recorded in the record, after the cessation of power supply, the seller transfers all relevant files to the local state management agency for electricity for handling according to the law.

2. For violations concerning payment of electricity charges as stipulated in Clause 2: Within 7 days from receiving the payment notice from the seller, if:

a) The buyer has not paid the electricity charges and there is no agreement to postpone the payment date, the seller issues a notice of cessation of power supply to the buyer at least 24 hours in advance and implements the cessation of power supply.

b) The buyer requests an agreement and the seller agrees to postpone the payment date: If the buyer fails to pay the outstanding amount within the agreed postponed payment period, the seller issues a notice to the buyer at least 24 hours in advance and implements the cessation of power supply.

3. For violations stipulated in Clause 3, the seller transfers the relevant files to the local state management agency for electricity for handling according to the law, and simultaneously issues a notice of cessation of power supply to the buyer at least 24 hours before the cessation time.

4. For violations stipulated in Clause 4 and Clause 6, the seller handles the electricity usage violation according to the regulations and must notify the buyer at least 24 hours before the cessation time.

For unauthorized electricity theft in any form, the seller can issue a notice and immediately implement the cessation of power supply, then report to the local state management agency for electricity.

5. For other cessation of power supply cases as required by competent state agencies stipulated in Clause 7, after receiving the decision on cessation of power supply from the competent state agency, the seller issues a notice and implements the cessation of power supply in accordance with the content and time specified in the decision.

After implementing the cessation of power supply, the seller reports the results to the agency that issued the decision on cessation of power supply.

6. Restoration of power supply can only be carried out after the buyer has fully implemented the decision of the competent authority and paid all costs for switching operations as prescribed.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. If the seller violates this Regulation, they will be disciplined, administratively fined, or criminally prosecuted depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Article 14State management agencies under the Ministry of Industry and localities have the responsibility to disseminate, guide, and inspect the implementation of this Regulation.

Article 15. Organizations and individuals participating in electric power activities and using electricity must strictly comply with this Regulation. Any difficulties encountered during implementation should be promptly reported to the competent state management agency for resolution./.