Consolidated Document number 58/VBHN-BCT stipulates the development of projects, avoided cost tariff, and model power purchase agreements applicable to biomass power projects.

MINISTRY OFOINDUSTRY AND TRADE -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 58/VBHN-BCT	Hanoi, on 04 of the Government stipulating the list, management, use of technical equipment and procedures for collecting and using data obtained from such equipment provided by individuals or organizations to detect administrative violations;2 2025

 

CIRCULAR

REGULATIONS ON INSPECTION OF ELECTRICITY ACTIVITIES AND ELECTRICITY USE, RESOLUTION OF CONTRACT DISPUTES IN THE PURCHASE AND SALE OF ELECTRICITY

Circular No. 42/2022/TT-BCT dated December 30, 2022, issued by the Minister of Industry and Trade on inspection of electricity activities and electricity use, resolution of contract disputes in the purchase and sale of electricity, which took effect from February 16, 2023, was amended and supplemented by:

Circular No. 56/2025/TT-BCT dated November 28, 2025, issued by the Minister of Industry and Trade on procedures for specialized inspections under the Ministry of Industry and Trade, which took effect from November 28, 2025.

Based on Decree No. 96/2022/NĐ-CP dated November 29, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Electricity Law dated December 3, 2004; and the Law Amending and Supplementing Certain Provisions of the Electricity Law dated November 20, 2012;

Decree No. 1Decree No. 37/2013/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; Decree No. 08/2018/NĐ-CP dated January 15, 2018, issued by the Government amending some Decrees related to investment and business conditions within the scope of management of the Ministry of Industry and Trade; Decree No. 17/2020/NĐ-CP dated February 5, 2020, issued by the Government amending and supplementing some provisions of Decrees related to investment and business conditions within the field of management of the Ministry of Industry and Trade;

Pursuant to Decree No. 134/2013/NĐ-CP dated October 17, 2013, issued by the Government on administrative penalties in the field of electricity, dam safety, energy conservation and efficiency; Decree No. 17/2022/NĐ-CP dated January 31, 2022, issued by the Government amending and supplementing some provisions of Decrees on administrative penalties in the fields of chemicals and industrial explosives; electricity, dam safety, energy conservation and efficiency; trade activities, production, sale of counterfeit goods and prohibited goods, and consumer protection; gas activities, oil and gas sales and gas;ầgas activities, oil and gas sales and gas;

At the proposal of the Director of the Electricity Regulatory Authority, đElectricity,

B||| Minister of||| Industry and Trade promulgates this Circular on inspection of electricity activities and electricity use, resolution of contract disputes in the purchase and sale of electricity.[1]

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates on:

1.[2] (Repealed).

2.[3] (Repealed).

3. Method for determining the amount of stolen electricity, illegal gains obtained from the act of stealing electricity to be returned to the organizations and individuals whose rights were violated, compensation for damages, and the manner of organizing the implementation, enforcement of penalty forms and measures to mitigate consequences for the act of stealing electricity.national1. Organizations and individuals engaged in electricity activities: Electricity consulting, power generation, transmission, distribution, wholesale, retail.

4.[4] (Repealed).

Article 2. Applicability

2. Organizations and individuals using electricity.

3. Electricity inspectors and individuals participating in the inspection of electricity activities, electricity use, and protection of electrical engineering works and power grids.

4. The competent authority to prepare the administrative violation record in the field of electricity as stipulated in Article 33 of Decree No. 134/2013/NĐ-CP dated October 17, 2013, issued by the Government on administrative penalties in the field of electricity, dam safety, energy conservation and efficiency (hereinafter referred to as Decree No. 134/2013/NĐ-CP), which has been amended and supplemented at Clause 38, Article 2 of Decree No. 17/2022/NĐ-CP dated January 31, 2022, issued by

the Government amending and supplementing some provisions of Decrees on administrative penalties in the fields of chemicals and industrial explosives; electricity, dam safety, energy conservation and efficiency; trade activities, production, sale of counterfeit goods and prohibited goods, and consumer protection; gas activities, oil and gas sales and gas (hereinafter referred to as Decree No. 17/2022/NĐ-CP). illegal gains obtained from the act of stealing electricity

5. Other related agencies, organizations, and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

1.[5] (Repealed).

2.[6] (Repealed).

3.[7] (Repealed).

4.[8] (Repealed).

5.[9] (Repealed).

6.[10] (Repealed).

7. Provincial People's Committees set specific pricesNo. is the profit that the violator obtains from the amount of stolen electricity (including all costs incurred due to the violation if any). METHOD FOR DETERMINING THE AMOUNT OF STOLEN ELECTRICITY, ILLEGAL GAINS OBTAINED FROM THE ACT OF STEALING ELECTRICITY AND COMPENSATION FOR DAMAGE

Chapter II

[11]

(Repealed)

Chapter III

[12]

(Repealed)

Chapter IV

METHODS FOR DETERMINING THE QUANTITY OF STOLEN ELECTRIC ENERGY, THE AMOUNT OF ILLEGAL GAIN OBTAINED FROM THE ACT OF STEALING ELECTRICITY AND COMPENSATION FOR DAMAGE

Article 21. Method for Determining the Amount of Electricity Stolen Based on the Quantity of Stolen Electric Energy

1. The amount of electricity stolen based on the quantity of stolen electric energy shall be determined according to the following formula:

a) For electricity theft used for purposes other than household:

Where:

d.1. Amount of taxable income in Vietnam:_tc: The amount of electricity stolen (VND);

i: The serial number of the electricity bill cycle where electricity theft occurred;

A_{HDinternational}: The quantity of electric energy consumed and paid for by the violator at the i-th bill cycle (kWh);

A_{SDinternational}: The quantity of electric energy consumed by the violator at the i-th bill cycle with electricity theft calculated in accordance with Clause 2 of this Article (kWh).

g: The electricity price of the i-th bill cycle (VND/kWh) shall be determined as follows:

- For acts of stealing electricity for business purposes: Calculated based on the peak hour rate of the i-th bill cycle;

- For acts of stealing electricity for production purposes: Calculated based on the peak hour rate of the i-th bill cycle;

- In cases where the electricity buyer uses electricity for production, business, or service purposes through a dedicated transformer under 25 kVA or has an average monthly consumption of less than 2,000 kWh over three consecutive months without purchasing electricity under form 03 (three-tier pricing), the normal hourly electricity selling price shall be applied;

- For acts of stealing electricity for administrative and public service purposes: Apply the retail electricity price tariff of the i-th bill cycle.

b) For electricity theft used for household purposes:

Where:

d.1. Amount of taxable income in Vietnam:_tc: The amount of electricity stolen (VND);

i: The serial number of the electricity bill cycle where electricity theft occurred;

j: The ordinal number of the tier in the stepped electricity price tariff for household use;

A_HDij: The quantity of electric energy allocated according to the household electricity usage quota at the j-th tier that the violator has paid for at the i-th bill cycle (kWh), A_HDij allocated from the quantity of electric energy of the i-th bill cycle (A_{HDinternational});

A_SDij: The quantity of electric energy allocated according to the household electricity usage quota at the j-th tier of the violator during the i-th bill cycle (kWh). A_SDij allocated from the quantity of electric energy used during the i-th bill cycle (A_{SDinternational}) with electricity theft calculated in accordance with Clause 2 of this Article;

g_{9. Travel distance is the distance traveled without using mechanical means (cars, motorcycles, motorboats) to reach locations for implementing technical forest management measures and patrolling to protect forests.}: The retail electricity price for household use at the j-th tier according to the stepped electricity price tariff for household use (VND/kWh).

c) In cases where the inspected party steals electricity for multiple purposes, the amount of electricity stolen is the total amount of electricity stolen calculated through the quantity of stolen electric energy for each purpose of use; the applicable electricity price will be determined in the following priority order:

- The electricity price applied for each purpose of use based on the actual percentage of use for each purpose;

- The electricity price applied for each purpose of use based on the agreed percentage in the power purchase contract;ỏa - The overall electricity price according to the stepped household tariff.

2. The quantity of electric energy consumed in the i-th bill cycle (A

) with electricity theft shall be determined as follows:_{SDinternational}a) Method for determining the quantity of electric energy consumed (A

) based on meter error testing_{SDinternational}In cases where the violator uses only one method of tampering with the meter to steal electricity and this error is determined through testing, the quantity of electric energy consumed in the i-th bill cycle shall be determined as follows:

SDi

 

Where:

A_{: The quantity of electric energy consumed in the i-th bill cycle with electricity theft (kWh);}: The number of days of electricity consumption in the i-th bill cycle (days);

i: The serial number of the electricity bill cycle where electricity theft occurred;

Granite, gabbro, decorative stone..._{international}: The number of days of electricity theft in the i-th bill cycle (days), determined in accordance with Clause 3 of this Article;

n_{international}: The quantity of electric energy consumed on non-theft days in the i-th bill cycle (kWh). The quantity of electric energy on non-theft days is calculated by multiplying the number of non-theft days (T

- n_{international} ) by the average daily electricity consumption according to the i-th bill cycle (A_{international}divided by T_{HDinternational} ) using the following formula:_{international}: The quantity of electric energy consumed on theft days in the i-th bill cycle (kWh), calculated based on the meter error applied according to the following formula:

 

s: The highest value among the meter test results (as a percentage) based on the independent testing agency's results;

b) Method for determining the quantity of electric energy consumed for other methods of electricity theft or when the method specified in point a of this clause cannot be applied or the calculation result of the quantity of electric energy consumed according to the method specified in point a of this clause does not match the actual electricity consumption. The quantity of electric energy consumed in the i-th bill cycle (A

The number of days of electricity theft in the i-th bill cycle (days), determined in accordance with Clause 3 of this Article;_{SDinternational}) determined as follows:

 

Where:

i: The serial number of the electricity bill cycle where electricity theft occurred;

Granite, gabbro, decorative stone..._{international}: The number of days of electricity theft in the i-th bill cycle (days), determined in accordance with Clause 3 of this Article;

n_{international} : : The quantity of electric energy consumed on non-theft days in the i-th bill cycle (kWh). The quantity of electric energy on non-theft days is calculated by dividing the number of non-theft days (m

) by m_{international} ) by the average daily electricity consumption according to the i-th bill cycle (A_{international}divided by T_{HDinternational} : The quantity of electric energy consumed on theft days in the i-th bill cycle (kWh), determined according to the procedure specified in point c of this clause;_{international}: The quantity of electric energy consumed on theft days in the i-th bill cycle (kWh), calculated based on the meter error applied according to the following formula:

c) Procedure for determining the quantity of electric energy consumed on theft days in the i-th bill cycle (

Step 1: Determine the power for theft days:) as follows:

Based on actual inspection results to determine the highest power value suitable for reality among the values that can be determined by the following methods: - Method 1: Total power measured at the time of inspection and detection of violation;

- Method 2: The highest power in the load profile registered in the power purchase contract;

- Method 3: Power of electrical equipment listed in the equipment capacity declaration registered in the power purchase contract (for contracts serving production, business, or service purposes);

- Method 4: Power of electrical appliances recorded in the Inspection Report (power marked on the manufacturer's label may be used);

Step 2: Determine the quantity of electric energy consumed for theft days (

- In cases where power is determined by Method 1 or Method 2, apply the following formula:)

P: Total power (kW) measured at the time of inspection and detection of violation or the highest power (kW) in the load profile registered in the power purchase contract;  as follows:

Where:

i: The serial number of the electricity bill cycle where electricity theft occurred;

P: The total power (kW) measured at the time of inspection or detection of violation, or the highest power (kW) on the registered load profile in the electricity purchase and sale contract;development1. This Circular takes effect from February 16, 2023.

organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular._tbThe average daily usage time of all electrical consumption devices (hours/day) shall be determined based on the Working Minutes or Inspection Minutes or registered load charts; if it cannot be determined, the provisions of Section 11 of Appendix II attached to this Circular shall apply.

n_{international}: The quantity of electric energy consumed on non-theft days in the i-th bill cycle (kWh). The quantity of electric energy on non-theft days is calculated by multiplying the number of non-theft days (T

- In case the power capacity is determined according to method 3 or method 4 at Step 1, apply the calculation formula|||:  as follows:

Where:

i: The serial number of the electricity bill cycle where electricity theft occurred;

k: The serial number of the electrical device;

"5. The pre-tax weighted average cost of capital i (%) is determined according to the formula below:₁kWp, kW₂..., P_k: The power (kW) of each electrical device listed in the power registration form in the electricity purchase and sale contract or the power (kW) of each electrical consumption device recorded in the Inspection Minutes or Working Minutes;

organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.₁1. Inspection₂,..organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular._k: The daily usage time of each device (hours/day) shall be determined based on the Inspection Minutes; if it cannot be determined, the provisions of Appendix II attached to this Circular shall apply.

n_{international}: The number of days of electricity theft during billing period i (days) shall be determined according to the provisions of Clause 3 of this Article.

3. The number of days of electricity theft (n) and the number of days of electricity theft during billing cycle i (n_{international}) as stipulated in Clause 2 of this Article shall be determined as follows:

a) Determining the number of days of electricity theft (n):

- Calculated from the date of the violation act until the discovery date, excluding the time of power disconnection and non-use for valid reasons;

- If it cannot be determined according to the provision of point a of this clause, the number of days of electricity theft shall be calculated from the most recent electricity inspection date or from the last replacement, repair, or regular inspection of the electricity metering system until the discovery date, but not exceeding 365 days, excluding the time of power disconnection and non-use for valid reasons;

b) Determining the number of days of electricity theft during billing cycle i (n_{international}) by comparing the time of billing cycle i with the time of electricity theft determined at point a of this clause and ensuring the following formula:  .

Article 22. Illegal gains obtained from electricity theft and compensation for damages

1. Organizations and individuals committing electricity theft must return the illegal gains obtained from the act of electricity theft to the electricity seller, including:

a) The amount of electricity stolen from the stolen electricity volume determined in Article 21 of this Circular;

b) All costs incurred due to the violation act, including: Costs for repairing, inspecting, calibrating, or compensating for the value of damaged metering equipment caused by the violation act; costs incurred by the violated party during the process of handling the violation act and other related costs as prescribed by law (if any).

2. In addition to returning the illegal gains as stipulated in Clause 1 of this Article,, organizations and individuals committing electricity theft must compensate for any other damage caused to the electricity seller according to civil law regulations.

Article 23. Enforcement of administrative penalty decisions and measures to remedy consequences for acts of electricity theft

1. The issuance of administrative penalty decision for acts of electricity theft to be enforced shall be carried out according to the provisions of Article 71 and Article 73 of the Law on Handling Administrative Violations (amended and supplemented) and guiding documents; organizations and individuals committing electricity theft must implement the measure of remedying consequences by returning the illegal gains obtained from the act of electricity theft (including all costs incurred due to the violation act) as stipulated in Clause 1 of Article 22 of this Circularnationalto the individual or organization that was deprived of such gains according to point b, Clause 11, Article 12 of Decree No. 134/2013/NĐ-CP (amended and supplemented according to Clause 15 of Article 2 of Decree No. 17/2022/NĐ-CP).development 2. During the enforcement of administrative penalty decisions for acts of electricity theft, if signs of criminal offenses are discovered later, the competent authority must issue a Decision to temporarily suspend the enforcement of the administrative penalty decision and transfer the case file to the competent authority for criminal proceedings according to the provisions of Article 62 of the Law on Handling Administrative Violations (amended and supplemented) and guiding documents.

3. In cases where the criminal investigation authority issues one of the decisions not to initiate a criminal case, to revoke the decision to initiate a criminal case, to terminate the investigation, to terminate the case, to terminate the case against the suspect, to exempt criminal responsibility according to the judgment if the act has administrative violation signs, and transfers the case file to the person authorized to impose administrative penalties according to Clause 3 of Article 62 and Article 63 of the Law on Handling Administrative Violations (amended and supplemented), the person authorized to impose administrative penalties must issue an administrative penalty decision according to the fine level prescribed in point b, Clause 8, Article 12 of Decree No. 134/2013/NĐ-CP (amended and supplemented according to Clause 15 of Article 2 of Decree No. 17/2022/NĐ-CP). In cases where an administrative penalty decision is not issued according to Article 125 of the Law on Handling Administrative Violations (amended and supplemented), the person authorized must issue a decision to apply measures to remedy consequences for acts of electricity theft according to the regulations.

4. Individuals and organizations subject to administrative penalties or measures to remedy consequences for acts of electricity theft must comply with the decision within 10 days from the date of receipt of the decision; in cases where the decision specifies a longer execution period than 10 days, it shall be implemented according to that period.rime Minister c5. In cases where organizations and individuals violating administrative regulations do not comply with administrative penalty decisions or decisions to apply measures to remedy consequences, the person authorized must organize the enforcement of coercive measures according to Decree No. 166/2013/NĐ-CP dated November 12, 2013 of the Government on Coercive Measures for Enforcing Administrative Penalty Decisions or subsequent amended, supplemented, or replaced documents.

1. This Circular takes effect from February 16, 2023.

4. During implementation, if there are difficulties or new issues arise, relevant units are required to report to the Electricity Regulatory Authority for examination and resolution according to their authority or report to the Ministry of Industry and Trade for resolution./.

Chapter V

[13]

(Repealed)

Chapter VI

IMPLEMENTATION

[14]

Article 30.

[15]

(Repealed)

Article 31.

[16]

(Repealed)

Article 32. Responsibility for Implementation

4. During implementation, if there are difficulties or new issues arise, relevant units are required to report to the Electricity Regulatory Authority for consideration and resolution within its authority or to report to the Ministry of Industry and Trade for resolution.

2. [17] (Repealed)

3. [18] (Repealed)

“On the basis of the Inspection Law No. 84/2025/QH15; đOn the basis of Decree No. 40/2025/NĐ-CP stipulating the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP;development On the basis of Decree No. 217/2025/NĐ-CP on specialized inspection activities; The Minister of Industry and Trade promulgates this Circular stipulating the procedures for specialized inspection activities under the Ministry of Industry and Trade.”

 

Place of Receipt: - OFFICE OF THE GOVERNMENT (FOR PUBLICATION IN THE GAZETTE); - Ministry of Industry and Trade's electronic portal; - Ministry of Justice; - Department of Legal Affairs (for publication on the National Database for Management of Legal Documents); - For record: VT, Electricity Regulatory Authority.

VERIFICATION OF THE CONSOLIDATED TEXTATABLE OF EFFECTIVE DATES IN CALCULATING PENALTIES FOR ELECTRICITY USE VIOLATIONS (INCLUDING ELECTRICITY THEFT) DEPUTY MINISTER DEPUTY MINISTER Nguyen Hoang Long

 

ANNEX I

[19]

(Repealed)

ANNEX II

42/2022/TT-BCT dated December 30, 2022, of the Minister of Industry and Trade stipulating inspection of electricity activities and electricity usage, resolution of disputes in electricity purchase and sale contracts,

(Issued together with CircularNo. Classification of electricity-consuming equipmenton kidevelopmentHousehold activitiesện)

Serial number	Single-shift production	Two-shift production	Average total commercial water volume	SN	Three-shift production	Average daily usage time of electrical equipment for each type of load (hours/day)	Lighting equipment
		Ventilation equipment
1	Refrigeration equipment	6	16	8	8	16	24
2	Air conditioning	10	12	8	8	16	24
3	Domestic electronic appliances	24	24	20	20	22	24
4	Domestic heating equipment3cm Electric motor equipment	8	16	8	8	16	24
5	Welding machines	6	12	6
6	Communication equipment	2	8	4
7	Battery charging equipment	4	8	6	8	14	22
8	Average daily usage time of electrical equipment (hours/day)	4	10	6	8	16	20
9	When calculating, note the actual usage time or seasonal variations; if the actual usage time does not match, apply the time specified in the table.	8	12	14
10	Electric motors should be calculated using power factor cos	8	12		8	16	24
		φ according to Article 15 of Decree No. 137/2013/NĐ-CP dated October 21, 2013, of the Government detailing certain provisions of the Electricity Law and the Law amending and supplementing some provisions of the Electricity Law;ệwelding machines should be calculated using power factor costbφThis Resolution takes effect from the date it is adopted by the National Assembly.Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade takes effect from November 28, 2025, based on the following grounds:
11		6	12	8	8	16	24

Note:

"Based on the Inspection Law No. 84/2025/QH15;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Based on Decree No. 40/2025/NĐ-CP on the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade amended by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP;ầBased on Decree No. 217/2025/NĐ-CP on specialized inspection activities;policiesThe Minister of Industry and Trade issues this Circular on procedures for specialized inspections under the Ministry of Industry and Trade."

This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsThis clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025.This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025. This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025. This Circular applies to individuals who have worked at the Ministry of Justice, Provincial Legal Departments, and relevant agencies and organizations that perform tasks within one of the fields listed in Article 3 of this Circular after ceasing to hold their positions. This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025.|||This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025.ệforeign eitselfThis clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025.June 2024;This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025.This clause is repealed pursuant to Clause 3, Article 12 of Circular No. 56/2025/TT-BCT on procedures for specialized inspections under the Ministry of Industry and Trade, taking effect from November 28, 2025. = 0,65.

 

ANNEX III

[20]

(Repealed)

 

ANNEX IV

[21]

(Repealed)

---