Decree No. 61/2025/NĐ-CP provides detailed regulations on certain provisions of the Electricity Law regarding electricity operation licenses.

DECREE

Detailed regulations on some provisions of the Electricity Law regarding electricity business licenses concerning electricity business licenses

Pursuant to the Government Organization Law on February 18, 2025;

Pursuant to the Electricity Law dated November 30, 2024;

At the proposal of the Minister of Industry and Trade;

The Government issues this Decree to provide detailed regulations on some provisions of the Electricity Law regarding electricity business licenses.

PART I
GENERAL PROVISIONS

Article 1: Scope of Regulation

This Decree provides detailed regulations on some provisions of the Electricity Law, including:

1. Clause 4 of Article 31 on conditions for issuing electricity business licenses in certain fields.

2. Clause 5 of Article 32 on documents, procedures, and formalities for issuing electricity business licenses.

3. Clause 4 of Article 33 on exempted capacity from electricity business licenses.

4. Clause 2 of Article 35 on the validity period of electricity business licenses according to each field of operation and in each case of issuing electricity business licenses.

5. Clause 3 of Article 36 on revoking electricity business licenses and documents, procedures, and formalities for revoking electricity business licenses.

6. Clause 2 of Article 37 on the authority to issue electricity business licenses in the fields of power generation, power distribution, wholesale electricity sales, and retail electricity sales at provincial People's Committees.

7. Clause 5 of Article 37 on the authority to issue, amend, supplement, reissue, extend, and revoke electricity business licenses based on capacity scale, voltage level, and scope of electricity business activities.

Article 2: Applicability

1. State management agencies shall implement the issuance, amendment, supplementation, reissuance, extension, and revocation of electricity business licenses.

2. Organizations participating in electricity business activities within the territory of Vietnam.

3. Other agencies, organizations, and individuals related to electricity business activities.

Chapter II
CONDITIONS FOR ISSUING ELECTRICITY BUSINESS LICENSES

Article 3: Conditions for issuing electricity business licenses in the power generation sector

An organization shall be issued an electricity business license in the power generation sector if it meets the following conditions:

1. The organization is legally established in accordance with the law, including enterprises of all economic sectors established and operating under the Enterprise Law; cooperatives established and operating under the Cooperative Law; other organizations established in accordance with relevant laws.

2. It has at least one technical manager with at least five years of work experience in the power generation sector and holds a bachelor’s degree or higher in one of the following majors: electrical engineering, electrical technology, electronics, automation, or another engineering and technological major.

3. It has at least four direct participants in operational work who have been trained and tested to meet the requirements for operating power plants as stipulated in national power system dispatching and operation regulations; they have been trained and examined to meet the requirements of electrical safety regulations and meet the following professional conditions:

a) Hold a bachelor’s degree or higher in an engineering major for power generation projects with a capacity of over 30 MW;           

b) Hold an associate degree or higher in an engineering major for power generation projects with a capacity of between 10 MW and 30 MW; 

c) Hold a diploma or equivalent in an engineering major for power generation projects with a capacity of less than 10 MW;

4. It has project components and power generation facilities that comply with the power development plan, the power grid development scheme in the provincial plan, and the implementation plans for the power development plan and provincial plan, which include contents on the power grid development scheme and decisions on adjustments (if any), except in cases provided for in point a and point b of Clause 5 of Article 10 of the Electricity Law.

5. It has a project approved by a competent state agency for investment orientation or approval of investment orientation in accordance with the Investment Law, except for projects that do not require approval of investment orientation.

6. It has a decision approving the environmental impact assessment report for projects required to conduct an environmental impact assessment; for projects not required to conduct an environmental impact assessment, it has an environmental permit or environmental registration.

7. The project has been assigned land or leased land, or allocated sea areas by a competent state agency to implement the project.

8. For hydropower plants: it has a reservoir operation procedure; an emergency response plan; a dam and reservoir protection plan approved in accordance with the Electricity Law.

9. Project components and power generation facilities have been accepted by a competent authority in accordance with fire prevention and firefighting regulations under the Fire Prevention, Firefighting, and Rescue Law.

10. Project components and power generation facilities are constructed and installed according to the approved design, meeting the conditions for putting the project components and facilities into operation and use. 11. For self-produced and self-consumed rooftop solar power systems selling excess power to the national grid or participating in direct power purchase and sale mechanisms through separate grid connections, they must be registered and certified by a competent authority and meet the following conditions:

a) Projects with installed capacity from 1 MW to less than 10 MW must comply with the provisions of Clauses 1, 4, 5, 6, 9, and Clause 10 of this Article;

b) Projects with installed capacity of 10 MW or more must comply with the provisions of Clauses 1 to 7, Clause 9, and Clause 10 of this Article.

b) Projects with installed capacity of 10 MW or more must comply with the provisions from Clause 1 to Clause 7, Clause 9, and Clause 10 of this Article.

Article 4. Conditions for Issuing a License to Operate Electricity in the Transmission Sector

An organization shall be granted a license to operate electricity in the transmission sector if it meets the following conditions:

1. The organization is legally established in accordance with the law, including enterprises of all economic sectors established and operating under the Enterprise Law; cooperatives established and operating under the Cooperative Law; other organizations established in accordance with relevant laws.

2. Having at least one technical manager with at least five years of work experience in the transmission sector and holding a bachelor's degree or higher in one of the following fields: electrical engineering, electrical engineering technology, electronics, automation, or other engineering and engineering technology fields.

3. Having at least four individuals directly involved in operational work who have been trained and tested to meet the requirements for operating the transmission grid according to national dispatching and power system operation regulations; they have also been trained and examined to meet the requirements under the regulations on electrical safety and meet the following professional conditions:

a) Holding a bachelor's degree or higher in an engineering field for transmission grids with voltage levels of 500 kV or higher;

b) Holding an associate degree or higher in an engineering field for transmission grids with a voltage level of 220 kV.

4. Having transmission line projects and transmission facilities that comply with the power development plan, implementation plans for the power development plan, and any adjustment decisions (if applicable).

5. It has a project approved by a competent state agency for investment orientation or approval of investment orientation in accordance with the Investment Law, except for projects that do not require approval of investment orientation.

6. It has a decision approving the environmental impact assessment report for projects required to conduct an environmental impact assessment; for projects not required to conduct an environmental impact assessment, it has an environmental permit or environmental registration.

7. The project has been assigned land or leased land, or allocated sea areas by a competent state agency to implement the project.

8. Having transmission line projects and transmission facilities that have been approved by the competent authority regarding fire prevention and firefighting acceptance results in accordance with the Fire Prevention, Firefighting, and Rescue Law.

9. Having transmission line projects and transmission facilities constructed and installed according to the approved design, meeting the conditions for putting the project components and facilities into operation and use.

Article 5. Conditions for Issuing a License to Operate Electricity in the Distribution Sector

An organization shall be granted a license to operate electricity in the distribution sector if it meets the following conditions:

1. The organization is legally established in accordance with the law, including enterprises of all economic sectors established and operating under the Enterprise Law; cooperatives established and operating under the Cooperative Law; other organizations established in accordance with relevant laws.

2. Having at least one technical manager with at least three years of work experience in the distribution sector and holding a bachelor's degree or higher in one of the following fields: electrical engineering, electrical engineering technology, electronics, automation, or other engineering and engineering technology fields.

3. Having at least four individuals directly involved in operational work who meet the following conditions:

a) Holding a secondary vocational school degree or equivalent in an engineering field;

b) Having been trained and tested to meet the requirements for operating the distribution grid according to national dispatching and power system operation regulations and having been trained and examined to meet the requirements under the regulations on electrical safety.

4. Having distribution network projects and distribution facilities that comply with the provincial power supply network development plan, implementation plans for the provincial development plan, including contents on the power supply network development plan, and any adjustment decisions (if applicable), except in cases stipulated in point c, Clause 5, Article 10 of the Electricity Law.

5. Having distribution network projects that have been decided on investment orientation or approved for investment orientation by the competent state agency according to the investment law or included in the list of medium-voltage and low-voltage networks approved by the provincial People's Committee in accordance with point a, Clause 3, Article 13 of the Electricity Law, except for investment projects that do not require approval for investment orientation.

6. The project has been assigned land or leased land, or assigned sea areas by the competent state agency to implement the project.

7. Having distribution network projects and distribution facilities that have been approved by the competent authority regarding fire prevention and firefighting acceptance results in accordance with the Fire Prevention, Firefighting, and Rescue Law.

8. Having distribution network projects and distribution facilities constructed and installed according to the approved design, meeting the conditions for putting the project components and facilities into operation and use.

Article 6. Conditions for issuing a power business operation permit in the wholesale electricity sector

An organization shall be granted a power business operation permit in the wholesale electricity sector if it meets the following conditions:

1. The organization is legally established in accordance with the law, including enterprises of all economic sectors established and operating under the Enterprise Law; cooperatives established and operating under the Cooperative Law; other organizations established in accordance with relevant laws.

2. Having a wholesale electricity trading plan.

3. Having at least one person managing wholesale electricity trading with a bachelor's degree or higher in one of the fields of technology, electrical engineering, economics, finance, or another relevant field, and having at least five years of work experience in the electricity trading business.

Article 7. Conditions for issuing a power business operation permit in the retail electricity sector

An organization shall be granted a power business operation permit in the retail electricity sector if it meets the following conditions:

1. The organization is legally established in accordance with the law, including enterprises of all economic sectors established and operating under the Enterprise Law; cooperatives established and operating under the Cooperative Law; other organizations established in accordance with relevant laws.

2. Having a retail electricity trading plan.

3. Having at least one person managing retail electricity trading with a bachelor's degree or higher in one of the fields of technology, electrical engineering, economics, finance, or another relevant field, and having at least three years of work experience in the electricity trading business.

Chapter III
APPLICATION FOR NEW ISSUE, AMENDMENT, SUPPLEMENTATION, REISSUE, AND RENEWAL OF POWER BUSINESS OPERATION PERMITS

EXTENSION OF ELECTRICITY BUSINESS OPERATING LICENSE ISSUANCE

Article 8. Documents for application for new issuance of a power business operation permit in the power generation sector

1. A request for issuance of a power business operation permit according to Model 01 stipulated in the Appendix issued together with this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. List of technical management staff and direct operational staff according to Model 02 stipulated in the Appendix issued together with this Decree.

4. Technical manager’s documentation: Bachelor's degree or higher diploma; work history in the power generation field confirmed by the employer according to Model 03 stipulated in the Appendix issued together with this Decree;

5. Documentation of direct operational staff:

a) Graduation certificate; power plant operation certification; electrical safety card;

b) Labor contract with the power plant management and operation unit.

6. Approval document for power development planning, implementation plan for power development planning, and adjustment document for power development planning and implementation plan (if applicable) of the project applying for the permit.

7. Investment decision or investment registration certificate, approval document for investment proposal as prescribed.

8. Decision approving environmental impact assessment report for projects requiring environmental impact assessment; environmental permit or environmental registration for projects not requiring environmental impact assessment.

9. Project approval document, technical design approval decision or construction drawing approval decision for two-stage design cases; construction design review document for projects requiring post-design construction design review as prescribed.

10. Completion acceptance record for project components, construction works for commissioning and use.

11. Approval document for completion acceptance results of project components, construction works for project components, construction works inspected by competent state authorities.

12. Land allocation or lease document, water surface land or sea area lease document for project implementation by competent state authorities.

13. Fire prevention and firefighting acceptance approval document as prescribed.

14. For hydropower plants: hydropower reservoir operation procedures; emergency response plans; approved dam and reservoir protection plans as prescribed.

15. For rooftop solar self-generation, self-consumption, and surplus electricity sold to the national grid or participating in direct electricity purchase and sale mechanisms through a separate connection network, the following documents apply depending on the cases:

a) Items 1, 2, 6, 7, 8, 9, 10, 11, and item 13 of this Article for projects with installed capacity from 1 MW to less than 10 MW;

b) Items 1 to 13 of this Article for projects with installed capacity of 10 MW or more;

c) Registration certificate for rooftop solar development.

16. In case of transferring a power plant invested under the public-private partnership model using the build-operate-transfer (BOT) contract: documents regarding the handover and receipt of project assets; commitment letter from the organization applying for reissue of the power business operation permit that the contents of the power business operation permit specified in items 2, 3, and item 4 of Article 34 of the Electricity Law remain unchanged compared to the previously issued permit and the documents specified in items 1, 2, 3, 4, and item 5 of this Article.

Article 9. Documents for applying for a new power business operation permit in the transmission sector

1. A request for issuance of a power business operation permit according to Model 01 stipulated in the Appendix issued together with this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. List of technical management staff and direct operational staff according to Model 02 stipulated in the Appendix issued together with this Decree.

4. Technical manager's documents: University degree certificate or higher; work experience statement in the transmission sector, confirmed by the employer according to Model 03 stipulated in the Appendix issued together with this Decree;

5. Documents of personnel directly involved in operational work

a) Graduation certificate; electrical substation operation certification appropriate to voltage level; electrical safety card;

b) Labor contract with the management and operation unit of the transmission grid.

6. Approval document for power development planning, implementation plan for power development planning, and adjustment document for power development planning and implementation plan (if applicable) of the project applying for the permit.

7. Investment decision or investment registration certificate, approval document for investment proposal as prescribed.

8. Decision approving environmental impact assessment report for projects requiring environmental impact assessment; environmental permit or environmental registration for projects not requiring environmental impact assessment.

9. Approval document for the investment project, technical design approval decision, or construction drawing approval decision for two-stage design projects; construction design review document implemented after basic design for projects required to be reviewed according to regulations; layout drawings of transmission facilities.

10. Completion acceptance record for project components, construction works for commissioning and use.

11. Approval document for completion acceptance results of project components, construction works for project components, construction works inspected by competent state authorities.

12. Land allocation or lease document, water surface land or sea area lease document for project implementation by competent state authorities.

13. Fire prevention and firefighting acceptance approval document as prescribed.

14. In cases of purchase, merger, or asset transfer, there must be an asset transfer record. For assets belonging to multiple investors, there must be an agreement or authorization document from the owners to a single management and operation entity.

Article 10. Documents for applying for a new power business operation permit in the distribution sector

1. A request for issuance of a power business operation permit according to Model 01 stipulated in the Appendix issued together with this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. List of technical management staff and direct operational staff according to Model 02 stipulated in the Appendix issued together with this Decree.

4. Technical manager's documents: University degree certificate or higher; work experience statement in the distribution or transmission sector, confirmed by the employer according to Model 03 stipulated in the Appendix issued together with this Decree;

5. Documentation of direct operational staff:

a) Graduation certificate; electrical substation operation certification appropriate to voltage level; electrical safety card;

b) Labor contract with the management and operation unit of the distribution grid.

6. Approval document for the development plan of the power supply network within the provincial planning and implementation plan of the provincial planning including the development plan of the power supply network and any adjustment decisions (if any) of the proposed licensed project.

7. Investment registration certificate or investment orientation approval document according to regulations or medium and low voltage power grid list approved by the provincial People's Committee according to point a, Clause 3, Article 13 of the Electricity Law.

8. Approval document for the investment project, technical design approval decision, or construction drawing approval decision for two-stage design projects; construction design review document implemented after basic design for projects required to be reviewed according to regulations; layout drawings of distribution facilities.

9. Completion acceptance record for project components and completion of construction works for commissioning and use.

10. Acceptance result approval document for project components and construction works inspected by competent state authorities for acceptance work.

11. Land grant or lease document, land with water surface, sea area for project implementation by competent state authorities (if any) or route agreement for the distribution grid.

12. Grid connection agreement with the national power system according to regulations.

13. Fire prevention and firefighting acceptance approval document as prescribed.

14. In cases of purchase, merger, or asset transfer, there must be an asset transfer record. For assets belonging to multiple investors, there must be an agreement or authorization document from the owners to a single management and operation entity.

Article 11. Documents for applying for a new power business operation permit in the wholesale electricity sector

1. A request for issuance of a power business operation permit according to Model 01 stipulated in the Appendix issued together with this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. Wholesale electricity management and sales team profile according to Model 02 stipulated in the Appendix issued together with this Decree.

4. Documents of the wholesale electricity management and sales person: University degree certificate or higher; work experience statement in the electricity trading sector, confirmed by the employer according to Model 03 stipulated in the Appendix issued together with this Decree;

5. Wholesale electricity operation plan according to Model 04 stipulated in the Appendix issued together with this Decree.

Article 12. Documents for applying for a new electricity business operation permit in the retail electricity sector

1. A request for issuance of a power business operation permit according to Model 01 stipulated in the Appendix issued together with this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. A list of the management staff team in the retail electricity business according to Model 02 prescribed in the Appendix attached to this Decree.

4. Documents of the management staff in the retail electricity business: University degree or higher; work experience statement in the electricity trading and supply business field, confirmed by the employer according to Model 03 prescribed in the Appendix attached to this Decree;

5. Business plan for retail electricity according to Model 04 prescribed in the Appendix attached to this Decree.

Article 13. Documents for applying for modification or supplementation of an electricity business operation permit

1. In the case of modifying or supplementing an electricity business operation permit as stipulated in point a, Clause 2, Article 32 of the Electricity Law, the documents include:

a) A request for modification or supplementation of an electricity business operation permit according to Model 01 prescribed in the Appendix attached to this Decree;

b) Enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the organization requesting the permit;

c) In the case of changing the name of the permitted organization due to project transfer, assignment, organizational division, merger, in addition to the documents specified in points a and b of this clause, provide evidence of asset transfer or assignment, documents on organizational division or merger and transfer of technical management teams, business management teams, and direct operational staff teams, or documents on technical management teams, business management teams, and direct operational staff teams corresponding to the electricity business fields as prescribed in Clauses 3, 4, and Clause 5 of Article 8; Clauses 3, 4, and Clause 5 of Article 9; Clauses 3, 4, and Clause 5 of Article 10; Clause 3 and Clause 4 of Article 11; Clause 3 and Clause 4 of Article 12 of this Decree.

2. In the case of modifying or supplementing an electricity business operation permit as stipulated in point b, Clause 2, Article 32 of the Electricity Law, the documents include:

a) A request from the competent state management agency;

b) Relevant documents related to the application for modification or supplementation of an electricity business operation permit to protect national defense, security interests, economic and social interests, and public interests.

3. In the case of modifying or supplementing an electricity business operation permit as stipulated in point c, Clause 2, Article 32 of the Electricity Law, the documents include:

a) A request for modification or supplementation of an electricity business operation permit;

b) Relevant documents related to errors recorded in the issued electricity business operation permit.

Article 14. Documents for applying for reissue of an electricity business operation permit in cases stipulated in point a, Clause 3, Article 32 of the Electricity Law

1. A request for reissuance of an electricity business operation permit according to Model 01 prescribed in the Appendix attached to this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. A commitment by the organization to bear responsibility for the loss of the electricity business operation permit in the case of losing the permit.

4. The original electricity business operation permit that has been issued in the case of damage to the permit.

Article 15. Documents for applying for reissue of an electricity business operation permit in cases stipulated in point b, point c, Clause 3, Article 32 of the Electricity Law

1. A request for reissuance of an electricity business operation permit according to Model 01 prescribed in the Appendix attached to this Decree.

2. A report maintaining the conditions for electricity business operations up to the time of reapplication for the corresponding sector according to Model 05a, 05b, 05c prescribed in the Appendix attached to this Decree.

3. A commitment by the organization requesting reissuance of the electricity business operation permit that the contents of the electricity business operation permit prescribed in Clauses 2, 3, and Clause 4 of Article 34 of the Electricity Law have not changed compared to the previously issued permit.

4. In addition to the documents prescribed in Clauses 1, 2, and Clause 3 of this Article, the reissued electricity business operation permit includes the following contents:

a) Documents prescribed in Clauses 2, 3, 4, and Clause 5 of Article 8 of this Decree for the power generation sector;

b) Documents prescribed in Clauses 2, 3, 4, and Clause 5 of Article 9 of this Decree for the transmission sector;

c) Documents prescribed in Clauses 2, 3, 4, and Clause 5 of Article 10 of this Decree for the distribution sector;

d) Documents prescribed in Clauses 2, 3, and Clause 4 of Article 11 of this Decree for the wholesale sector;

đ) Documents prescribed in Clauses 2, 3, and Clause 4 of Article 12 of this Decree for the retail sector.

5. In the case stipulated in point c, Clause 3, Article 32 of the Electricity Law, the documents include Clauses 1, 2, 3, and Clause 4 of this Article and evidence proving the completion of obligations as prescribed by law.

6. In the case where the validity period of the issued electricity business operation permit is stipulated in point b, point c, Clause 4, Article 20 of this Decree, when applying for reissuance of the electricity business operation permit, the documents for each sector shall be implemented according to the provisions of Articles 8, 9, 10, 11, and Article 12 of this Decree.

Article 16. Documents for Application for Extension of Power Business Operation Permit

1. A request document for extension of power business operation permit according to Model 01 prescribed in the Appendix issued together with this Decree.

2. Business registration certificate; cooperative registration certificate or establishment decision (for organizations without a business registration certificate) of the organization applying for the permit.

3. Documentation on the transfer of assets, power works, or cessation of operations of projects that have been granted power business operation permits.

4. Report on maintaining conditions for power business operations up to the time of application for extension of the power business operation permit, corresponding to the relevant field according to Models 05a, 05b, 05c prescribed in the Appendix issued together with this Decree.

Article 17. Provisions on the Form of Documents for Issuance of Power Business Operation Permit

1. An organization applying for new issuance, amendment, supplementation, reissuance, or extension of a power business operation permit shall submit one set of documents to the competent authority issuing the power business operation permit as stipulated in this Decree and shall be responsible for the accuracy and truthfulness of the application documents.

2. In cases where multiple organizations participate in power business activities in the same specific field, there must be a power of attorney document granting one organization to represent all others in the application process for the power business operation permit.

3. In cases where an organization leases, transfers, or authorizes another organization to manage and operate, provide contracts and related documents regarding leasing, transferring, or authorizing another organization to manage and operate.

4. Methods of submitting documents:

a) Applications for issuance of power business operation permits within the jurisdiction of the Ministry of Industry and Trade shall be submitted through the Ministry of Industry and Trade's Online Public Service Portal. In cases where legal regulations prohibit sending documents via electronic information networks, they shall be submitted directly or through postal services;

b) Applications for issuance of power business operation permits within the jurisdiction of provincial People's Committees shall be submitted directly or through postal services or online on the website of the issuing authority (if available);

c) Electronic documents submitted are electronic copies of original documents. Documents submitted directly are originals or copies.

5. The power business operation permit issued includes three original copies: one copy is handed over to the entity receiving the permit, two copies are retained by the issuing authority. The provincial People's Committee is responsible for sending one copy of the power business operation permit to the Ministry of Industry and Trade for monitoring and inspection as prescribed.

Chapter IV
PROCEDURES, REQUIREMENTS FOR NEW ISSUANCE, AMENDMENT, SUPPLEMENTATION, REISSUANCE, EXTENSION AND REVOCATION OF POWER BUSINESS OPERATION PERMITS

Article 18. Procedures and Requirements for New Issuance, Amendment, Supplementation, Reissuance, and Extension of Power Business Operation Permits

1. Within three working days from the date of receipt of the application documents or supplementary documents, the issuing authority of the power business operation permit shall check the completeness and validity of the documents as prescribed in Chapter III of this Decree and shall act as follows:

a) If the documents are complete and valid, proceed as prescribed in Clause 2 and Clause 3 of this Article;

b) If the documents are incomplete or invalid, send a request for supplementary documents to the organization applying for the power business operation permit;

c) If the application for the power business operation permit is not within the jurisdiction or does not fall under the category requiring a power business operation permit, reject the application and notify the organization applying for the power business operation permit, stating the reasons.

2. For new issuance, within fourteen days from the date of receipt of complete and valid documents, the issuing authority of the power business operation permit shall:

a) Review the documents according to the conditions for issuing power business operation permits as stipulated in Article 31 of the Electricity Law and Chapter II of this Decree; evaluate the documents according to the provisions of Article 19 of this Decree and notify the fee for reviewing the issuance of the power business operation permit; if necessary, send a document seeking opinions from relevant agencies and organizations, and conduct on-site inspections at the works;

b) If the documents meet the conditions, proceed as prescribed in Clause 5 of this Article;

c) If the documents do not meet one of the conditions, reject the application and notify the organization applying for the power business operation permit in writing, stating the reasons.

3. For amendments, supplementation, extension, and reissuance, within ten days from the date of receipt of complete and valid documents, the issuing authority of the power business operation permit shall act as prescribed in Points a, b, and Point c of Clause 2 of this Article.

4. In cases where the documents are complex, the issuing authority of the power business operation permit may extend the review period specified in Clause 2 and Clause 3 of this Article but not exceeding ten days and must notify the organization applying for the power business operation permit in writing, stating the reasons. The notification must be made before the end of the period specified in Clause 2 and Clause 3 of this Article.

5. In cases where the fee for reviewing the issuance of the power business operation permit has already been paid, issue the power business operation permit within the period specified in Clause 2 and Clause 3 of this Article.

6. In cases where the organization applying for the power business operation permit fails to supplement the documents within thirty days from the date of the request for supplementation or fails to pay the review fee within five days from the first notification, the issuing authority of the power business operation permit has the right to reject the application.

Article 19. Content of the evaluation of application files and examination of conditions for issuing power business licenses

1. The application file shall be considered complete and valid when it meets all the following requirements:

a) The file provides all required information as prescribed;

b) Documents contain full content and follow the prescribed format (if applicable);

c) The organization applying for the license has the appropriate authority and falls within the category required to obtain a power business license; the application is submitted to the competent authority as prescribed;

d) The application file complies with the provisions of Clauses 1, 2, and Clause 3 of Article 17 of this Decree.

2. Contents of the examination of conditions for issuing new power business licenses:

a) Reviewing the consistency of the name and address of the organization between the application form and the business registration of the organization;

b) Reviewing the suitability in terms of quantity, expertise, professional qualifications, and years of experience of the technical management staff, business management staff, and direct operational staff of the organization as stipulated in this Decree;

c) Reviewing the consistency and uniformity of the project name, investor, scale, voltage level among acceptance documents, design documents, investment documents, and planning documents;

d) Reviewing the consistency and uniformity of key technical parameters and technology of the project components and projects among acceptance documents and design documents;

đ) Reviewing the completeness of the content and supporting documents accompanying the wholesale and retail electricity sales plans;

e) Reviewing the consistency of the project implementation location among related documents compared to the project implementation location in land transfer or lease documents issued by the competent state authorities;

g) Reviewing the appropriateness of the authority to examine and approve and the consistency of the content in the application documents and files;

3. In cases where the name of the licensed organization changes due to project transfer, organizational division, or merger, the examination and review of the contents specified in points a, b, and point g of Clause 2 of this Article shall be conducted.

4. The re-examination of the contents specified in points b, c, d, đ, and point e of Clause 2 of this Article shall not be carried out in cases of issuing licenses as provided for in Clause 2 and Clause 4 of Article 32 of the Electricity Law, except for the cases provided for in Clause 3 of this Article.

5. The re-examination of the contents specified in points c, d, đ, and point e of Clause 2 of this Article shall not be carried out in cases of issuing licenses as provided for in point b of Clause 3 of Article 32 of the Electricity Law, except for the cases provided for in Clause 3 of this Article, Clause 6 of Article 15, and Clause 2 of Article 27 of this Decree.

Article 20. Validity period of power business licenses

1. The validity period of power business licenses is as follows:

a) For power generation and transmission activities, the validity period of the license is 20 years;

b) For distribution, wholesale, and retail electricity activities, the validity period of the license is 10 years.

2. The validity period of the power business license issued shall be the same as that of the previous license in cases provided for in Clause 2 and points a and c of Clause 3 of Article 32 of the Electricity Law.

3. The validity period of the power business license in cases of extension shall not exceed the date of asset or power facility transfer or the date the project ceases operations.

4. Cases of issuing power business licenses with shorter validity periods than those specified in Clause 1 of this Article:

a) When the remaining operating period of the project or power generation, transmission, or distribution facilities is shorter than the period specified in Clause 1 of this Article, the license shall be issued for the remaining operating period of the project or power generation, transmission, or distribution facilities;

b) When the project component or facility has been accepted with conditions for operation and use or part of the construction has been completed and meets the temporary operation conditions under construction laws;

c) Based on actual conditions regarding project components and wholesale and retail electricity plans, the licensing authority may issue a power business license with a shorter validity period than that specified in Clause 1 of this Article;

d) If the organization requests a shorter validity period for the power business license than that specified in Clause 1 and Clause 3 of this Article, the license shall be issued for the requested period, except for the cases provided for in points a, b, and point c of this clause.

Article 21. Exemption from Operating License for Power Capacity Levels

1. Power generation facilities for self-use that do not sell electricity to other organizations or individuals:

a) There is no limit on capacity for facilities not connected to the national power grid;

b) Installed capacity under 30 MW for facilities connected to the national power grid.

2. Installed capacity under 01 MW for power generation facilities selling electricity to other organizations or individuals is exempted from obtaining an operating license in the power generation sector.

3. Electricity business in rural, mountainous, border, and island areas purchasing electricity with capacity under 100 kVA from the distribution network to directly supply electricity to customers in these areas is exempted from obtaining a retail electricity sales license.

Article 22. Authority to Issue Operating Licenses for Power Activities

1. The Ministry of Industry and Trade delegates the Electricity Regulatory Authority to issue operating licenses for power activities in the following cases:

a) Power generation activities of nuclear power plants, offshore wind power plants, power plants located in two or more provincial administrative units regardless of capacity scale and power plants with capacity scale according to planning and implementation plans approved: 50 MW or above for nearshore wind power plants and solar power plants on land; 15 MW or above for waste-to-power plants and biomass power plants; 5 MW or above for other types of power sources, except for rooftop solar power generation;

b) Transmission of electricity;

c) Power distribution activities with operational scope covering two or more provincial administrative units or with voltage level of 110 kV or higher;

d) Wholesale and retail electricity sales activities with operational scope covering two or more provincial administrative units or with voltage level of 22 kV or higher;

đ) Organizations applying for multiple activity licenses, including those within the licensing authority of the Ministry of Industry and Trade and provincial People's Committees;

e) Wholesale and retail electricity market scope covering two or more provinces.

2. Except for the cases specified in Clause 1 of this Article, the People's Committee of a province or its specialized agencies authorized by it shall issue operating licenses for power activities in the following cases:

a) Power generation activities with capacity scale according to planning and implementation plans approved: under 50 MW for nearshore wind power plants and solar power plants on land; under 15 MW for waste-to-power plants and biomass power plants; under 5 MW for other types of power sources; no limit on capacity scale for rooftop solar power generation;

b) Power distribution activities with voltage level under 110 kV;

c) Wholesale and retail electricity sales activities with voltage level under 22 kV.

3. The competent authority issuing operating licenses for power activities as stipulated in Clauses 1 and 2 of this Article has the authority to amend, supplement, reissue, extend, and revoke issued operating licenses for power activities.

Article 23. Revocation of Operating Licenses for Power Activities

1. An operating license for power activities will be revoked in the following cases:

a) Cases specified in points a, c, d, đ, and e of Clause 1 of Article 36 of the Electricity Law;

b) Failure to meet the conditions for power activities stipulated in Clauses 2, 3, and 6 of Article 3; Clauses 2, 3, and 6 of Article 4; Clauses 2 and 3 of Article 5; Clause 3 of Article 6; Clause 3 of Article 7 of this Decree.

2. Documentation for revoking an operating license for power activities

a) A request for revocation of an operating license for power activities in cases specified in point a of Clause 1 of Article 36 of the Electricity Law;

b) A document from a competent state agency serving as the basis for determining that the operating license for power activities falls under the circumstances requiring revocation as stipulated in points b, c, d, đ, and e of Clause 1 of Article 36 of the Electricity Law.

3. Procedures and formalities for revoking an operating license for power activities

a) Within 10 days from the date when there is evidence that the operating license for power activities falls under the circumstances specified in Clause 1 of this Article, the competent authority to revoke the operating license for power activities shall examine and issue a decision to revoke the operating license for power activities according to Model 06 attached to this Decree;

b) Within five working days from the date of issuance of the decision to revoke the operating license for power activities, the revoking authority shall send the decision to revoke the operating license for power activities to the organization whose license is being revoked, the Ministry of Industry and Trade, the People's Committee of the province where the enterprise is registered and where the power activities take place, and related power units;

c) Within five working days from the date of receipt of the decision to revoke the operating license for power activities, the organization whose license is being revoked shall be responsible for returning the original copy of the operating license for power activities to the authority issuing the revocation decision.

4. Responsibilities of organizations whose operating licenses for power activities are revoked

a) Ensuring the safety of power facilities and facility components during the period of license revocation;

b) Ensuring operation upon request of the competent state management authority to ensure power supply security when necessary;

c) Ensuring power supply to electricity users during the period when the competent state management authority is considering reissuing the operating license for power activities in the revoked scope and range.

Article 24. Responsibilities of the Authority Issuing Power Business Licenses

1. Receiving, examining, inspecting, and managing applications for issuance, revocation of power business licenses within its jurisdiction.

2. Resolving complaints and reports regarding power business licenses within its jurisdiction.

3. Inspecting the maintenance of conditions for power business activities that have been licensed.

4. The Ministry of Industry and Trade shall be responsible for inspecting and auditing the authority issuing power business licenses and organizations participating in power business activities concerning compliance with regulations on the issuance, amendment, supplementation, reissuance, extension, and revocation of power business licenses as stipulated in the Electricity Law and this Decree.

5. Provincial People's Committees shall be responsible for inspecting and auditing organizations issued power business licenses within their licensing jurisdiction concerning the maintenance of conditions for power business activities that have been licensed as stipulated in the Electricity Law and this Decree.

6. Before March 1st each year, the provincial People's Committee shall report to the Ministry of Industry and Trade on the situation of issuing power business licenses in the locality of the previous year according to Form 07 attached to this Decree.

Article 25. Responsibilities of Organizations Issued Power Business Licenses

1. Fulfilling obligations prescribed in Clause 2, Article 58 of the Electricity Law and other obligations as prescribed by law.

2. Within thirty days from the date of change in name or address recorded on the business registration certificate, cooperative registration certificate, or establishment decision (for organizations without a business registration certificate) noted on the issued power business license, the organization issued the license must complete procedures to amend and supplement the issued license.

3. In cases where the scope of power business activities is reduced or errors are found in the contents recorded in the issued power business license, the organization issued the license must complete procedures to amend and supplement the issued license.

4. Paying the fee for examination and issuance of power business licenses within ten days from the date of notification of payment by the issuing authority.

5. Accepting inspection, audit, and complying with decisions on handling by state agencies with jurisdiction regarding the use of power business licenses and ensuring conditions for power business activities as prescribed by law.

6. Keeping the original copy of the issued power business license at the headquarters of the power unit and a copy of the power business license at the transaction office.

7. Reporting responsibilities:

a) Before March 1st each year, organizations issued power business licenses or units directly managing and operating must report to the issuing authority and the provincial People's Committee where the organization operates on the situation of activities in the licensed field of the previous year according to Forms 05a, 05b, and 05c specified in the Appendix attached to this Decree through direct submission or postal service.

b) Providing full and accurate information when requested by the issuing authority or state agencies with jurisdiction.

8. Responsibilities for managing and operating power plants, transmission facilities, and distribution facilities in cases of leasing or entrusting management and operation:

a) The investor of power plants, transmission facilities, and distribution facilities shall be responsible for obligations related to the investment and operation of power plants, transmission facilities, and distribution facilities as prescribed by law.

b) Units entrusted with management and operation or authorized to manage and operate power plants, transmission facilities, and distribution facilities shall be responsible for fulfilling all obligations related to the operation of power plants, transmission facilities, and distribution facilities as prescribed by relevant laws.

Chapter V
IMPLEMENTING PROVISIONS

Article 26. Effective date

1. This Decree takes effect from the date of issuance.

2. Abolish Articles 29 to 47 of Government Decree No. 137/2013/NĐ-CP dated October 21, 2013 detailing certain provisions of the Electricity Law and the Law Amending and Supplementing Certain Provisions of the Electricity Law amended and supplemented by Government Decree No. 08/2018/NĐ-CP dated January 15, 2018 and Government Decree No. 17/2020/NĐ-CP dated February 5, 2020 (hereinafter referred to as Government Decree No. 137/2013/NĐ-CP).

3. For cases requesting amendments or supplements to power business licenses due to changes in name, address, and asset transfer of units already holding licenses, the issued licenses shall remain valid until new power business licenses are issued.

Article 27. Transitional Provisions

1. Power units that have been issued power business licenses for transmission and distribution before this Decree takes effect shall continue to operate until the expiration date recorded in those licenses within the scope of grid management and operation completed before this Decree takes effect. In cases where transmission and distribution projects have not been completed before this Decree takes effect, they shall comply with the provisions of this Decree.

2. If a power business license was issued before this Decree took effect and has a shorter term than the maximum term prescribed in the guiding document of the Electricity Law No. 28/2004/QH11, when applying for reissuance of a power business license, the application documents for each field shall be carried out according to the provisions of Articles 8, 9, 10, 11, and Article 12 of this Decree, except for power generation projects that have been issued licenses and have operated for ten years or more.

3. In cases where organizations have submitted complete and valid applications for issuance, amendment, or supplementation of power business licenses to the issuing authority before this Decree takes effect but have not yet received power business licenses, Government Decree No. 137/2013/NĐ-CP dated October 21, 2013 and guiding documents shall apply to issue the licenses.

4. The competent authority issuing power business operation licenses pursuant to Article 22 of this Decree shall have the authority to reissue, amend, supplement, extend, and revoke power business operation licenses that were issued before this Decree takes effect.

Article 28. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees, and related organizations and individuals are responsible for implementing this Decree./.