DECREE NO. 68/2010/ND-CP ON SANCTIONS FOR VIOLATIONS OF LAWS IN THE ELECTRIC POWER SECTOR

DECREE

Provisions on penalties for violations of laws in the electricity sector

^{____________________________}

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Electricity Law dated December 3, 2004;

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

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the imposition of penalties on individuals and organizations that intentionally or negligently violate legal provisions concerning electricity which are not criminal offenses, including:

1. Electricity business licenses.

2. Construction and installation of electrical works.

3. Power generation activities.

4. Power transmission activities.

5. Power distribution activities.

6. Wholesale and retail electricity sales activities.

7. Regulations on electricity usage.

8. Safety regulations.

9. System operation regulations.

10. Electricity market regulations.

Article 2. Applicability

This Decree applies to the following individuals and organizations:

1. Individuals and organizations that commit violations of laws in the electricity sector as specified in this Decree.

2. Foreign individuals and organizations that commit violations of laws in the electricity sector as specified in this Decree within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

3. Minors who commit violations of laws in the electricity sector shall be subject to penalties as prescribed in Article 7 of the Administrative Violation Handling Ordinance..

Article 3. Principles of Imposition of Sanctions

The imposition of penalties for violations of laws in the electricity sector must comply with the following principles:

1. An individual or organization may only be penalized for violating laws in the electricity sector if they have committed a violation as defined in this Decree.

2. Penalties for violations of laws in the electricity sector must be imposed by persons authorized under this Decree.

3. All violations of laws in the electricity sector must be detected promptly and stopped immediately. Penalties must be carried out swiftly, fairly, and thoroughly; all consequences caused by violations of laws in the electricity sector must be remedied according to the provisions of the law.

4. A single violation of laws in the electricity sector shall only be penalized once. If an organization or individual commits multiple violations of laws in the electricity sector, they shall be penalized for each separate violation. If multiple organizations or individuals jointly commit a single violation of laws in the electricity sector, each violator shall be penalized.

5. Penalties for violations of laws in the electricity sector must be based on the nature and degree of the violation, personal circumstances, and mitigating or aggravating circumstances to determine appropriate forms and measures of punishment. Mitigating and aggravating circumstances are applied as prescribed in Articles 8 and 9 of the Administrative Violation Handling Ordinance.

6. Penalties for violations of laws in the electricity sector shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or violations committed while suffering from mental illness or other diseases that impair cognitive function or control over behavior.

Article 4. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for imposing penalties for violations of laws in the electricity sector is one year from the date the violation was committed; if this period has passed, penalties will not be imposed but measures to remedy the consequences as provided for in Clause 3, Article 5 of this Decree will still apply.

For continuous or prolonged violations, the statute of limitations begins from the date of discovery of the violation.

2. In cases where an individual is indicted, prosecuted, or has had a case initiated for trial under criminal procedures but subsequently has a decision to terminate the investigation or close the case made by the competent authority, and the violation is defined in this Decree, then the individual will be penalized under this Decree; in such cases, the statute of limitations for imposing penalties is three months from the date the competent authority receives the decision to terminate and the case file.

3. Within the timeframes specified in Clauses 1 and 2 of this Article, if an individual or organization commits a new violation in the electricity sector or deliberately evades or obstructs the penalty process, the statute of limitations specified in Clauses 1 and 2 of this Article will not apply. The statute of limitations for imposing penalties for violations of laws in the electricity sector will be recalculated from the date of committing the new violation or the date when evasion or obstruction of the penalty process ceases.

Article 5. Forms of punishment and measures to remedy consequences

1. Principal forms of punishment

For each violation of laws in the electricity sector, individuals and organizations committing such violations shall be subject to one of the following main forms of punishment:

a) Warning

Warning shall be applied to individuals and organizations with minor violations for the first time, with mitigating circumstances, or for all violations committed by persons aged from fourteen to under sixteen years old. A warning decision shall be made in writing.

b) Fine

The amount of fine within the prescribed fine range in this Decree shall be determined based on the nature and severity of the violation. The specific fine for a violation of laws in the electricity sector is the midpoint of the fine range for that violation; if the violation has mitigating circumstances, the fine may be reduced but not below the minimum limit of the fine range; if the violation has aggravating circumstances, the fine may be increased but not above the maximum limit of the fine range.

2. Additional forms of punishment

In addition to the main forms of punishment, depending on the nature and severity of the violation, individuals and organizations violating laws in the electricity sector may also be subject to one or more of the following supplementary forms of punishment:

a) Suspension of the right to use the Electricity Business License for a certain period of time;

b) Confiscation of objects and means used as instruments of violation in the electricity sector;

c) Confiscation of the entire amount of money obtained from the implementation of the violation;

d) Revocation of the Electricity Business License.

3. In addition to the main forms of punishment and supplementary punishments stipulated in Clause 1 and Clause 2 of this Article, individuals and organizations violating laws in the electricity sector may also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original state changed due to the violation or compel dismantling of unauthorized construction works;

b) Compel implementation of safety measures;

c) Compel payment of all fees and charges as prescribed;

d) Compel full compensation for all losses caused by the violation;

đ) Compel re-testing or replacement of electricity metering equipment;

e) Compel separation of Power Generation Units with total installed capacity exceeding 25% of the system's total installed capacity;

g) Compel use of equipment meeting technical standards;

h) Compel signing of power purchase and sale contracts.

Article 6. Compensation for damage caused by violations of laws in the electricity sector

1. Individuals and organizations causing damage to the interests of the State, rights and legitimate interests of other individuals and organizations through violations of laws in the electricity sector must compensate for such damage.

2. The compensation for damage stipulated in Clause 1 of this Article shall be implemented in accordance with the provisions of civil law.

Chapter II

VIOLATIONS, FORMS AND DEGREE OF PUNISHMENT                                                                    

Article 7. Violations of regulations on Electricity Business Licenses

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Failure to complete procedures to amend or supplement the Electricity Business License within thirty days from the date of change of name or address;

b) Failure to submit annual reports on production and business operations in the licensed field to the licensing authority as prescribed;

c) Failure to report to the licensing authority at least sixty days before ceasing electricity activities when the Electricity Business License is still valid.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Using an expired Electricity Business License;

b) Failure to submit audited annual financial statements to the licensing authority as prescribed.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following acts:

a) Failure to maintain conditions required for the Electricity Business License;

b) Failure to comply with one of the provisions in the content of the Electricity Business License except for the violations prescribed in this Decree.

4. Fine for failure to pay or underpay related fees and charges for electricity activities as prescribed, as follows:

a) Fine from 1,000,000 VND to 2,000,000 VND for failure to pay or underpay fees and charges valued under 10,000,000 VND;

b) Fine from 2,000,000 VND to 7,000,000 VND for failure to pay or underpay fees valued from 10,000,000 VND to under 30,000,000 VND;

c) Fine from 7,000,000 VND to 10,000,000 VND for failure to pay or underpay fees valued from 30,000,000 VND to under 50,000,000 VND;

d) Fine from 10,000,000 VND to 15,000,000 VND for failure to pay or underpay fees valued from 50,000,000 VND to under 100,000,000 VND;

đ) Fine from 15,000,000 VND to 20,000,000 VND for failure to pay or underpay fees valued from 100,000,000 VND to under 300,000,000 VND;

e) Fine from 20,000,000 VND to 30,000,000 VND for failure to pay or underpay fees valued from 300,000,000 VND and above.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on any of the following acts:

Conducting electricity activities without an Electricity Business License;

b) Renting, lending, or renting, borrowing an Electricity Business License;

c) Conducting electricity activities during the period when the right to use the Electricity Business License is suspended or revoked by competent state authorities;

d) Conducting electricity activities during the period when the Electricity Business License is lost or missing without reporting to the licensing authority;

đ) Self-repairing the content recorded in the Electricity Business License;

e) Using a fake Electricity Business License.

6. In addition to the main form of punishment, violators may also be subject to the following supplementary form of punishment:

a) Suspension of the right to use the Electricity Business License for six months to one year for violations prescribed in Clause 3 of this Article;

b) Revocation of the Electricity Business License for violations prescribed at point b and point đ of Clause 5 of this Article;

c) Confiscation of the entire amount of money obtained for violations prescribed at point a, point c and point e of Clause 5 of this Article.

7. In addition to the main form of punishment, violators must also pay all types of fees and charges as prescribed for violations prescribed in Clause 4 of this Article.

Article 8. Violations of construction and installation regulations for electrical facilities

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on acts obstructing organizations or individuals from performing tasks related to the repair and construction of electrical facilities.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Installing, repairing, or relocating electrical facilities without agreement with the owner of the electrical facility property or the management and operation unit of the electrical facility;

b) Arbitrarily installing power line systems, substations, and other electrical equipment outside the scope approved by competent authorities.

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Installing and putting into operation materials and equipment that do not meet technical standards as specified in the approved technical design;

b) Arbitrarily issuing and mandating the application of technical standards that do not comply with those issued by competent state authorities.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on acts of failing to invest in each power line and substation project included in the approved plan for grid development, except in cases of justifiable reasons.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on acts of commencing construction of electrical projects not included in the approved planning, except in cases of justifiable reasons.

6. In addition to the main forms of punishment, organizations and individuals who violate the provisions may also be subject to the following remedial measures:

a) Compelling restoration to the original condition before changes were made, as provided for in Clause 2 of this Article;

b) Compelling the use of equipment that meets technical standards, as provided for in Point a of Clause 3 of this Article.

Article 9. Violations of regulations on power generation activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on power generation units for failing to provide information about their readiness for power generation, reserve capacity, operational mode implementation status of the power plant, and other relevant information on power generation activities when requested in writing by the National Power System Dispatch Unit, the Electricity Market Operation Unit, or the Electricity Regulatory Authority.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on using electricity metering devices that have not been calibrated according to regulations or do not meet the technical standards prescribed for such devices in power plants.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on power generation units for any of the following acts:

a) Not complying with procedures and standards for operating power plants and grids;

b) Providing inaccurate information about the readiness level of generating units and power plants, causing damage to power generation activities.

4. A fine of VND 20,000,000 to VND 40,000,000 shall be imposed on acts of conducting commercial power generation without a Power Business License..

5. A fine up to 5% of the total revenue of the previous fiscal year shall be imposed on power generation units whose total installed capacity of power plants exceeds 25% of the total installed capacity of the entire power system.

6. In addition to the main form of punishment, power generation units shall have all proceeds from the act provided for in Clause 4 of this Article confiscated.

7. In addition to the main form of punishment, power generation units shall be subject to the following remedial measures:

a) Compelling the use of equipment that meets technical standards, as provided for in Clause 2 of this Article;

b) Compelling the separation to reduce the total installed capacity below 25% of the total installed capacity of the entire system, as provided for in Clause 5 of this Article.

Article 10. Violations of regulations on electricity transmission activities

1. A fine of from five million dong to ten million dong shall be imposed on the Transmission Unit for failing to provide information on the transmission capacity, grid operation mode, equipment reserve, and other relevant information related to electricity transmission activities when requested in writing by the National Power System Dispatching Unit, the Electricity Market Operation Unit, or the Electricity Regulatory Authority. for the act of failing to provide information on load capacity, grid operation modes, equipment reserves, and other information related to electricity transmission operations upon a written request from the National Power System Dispatch Unit, the Electricity Market Operation Unit, or the Electricity Regulatory Authority.

2. A fine of from ten million dong to fifteen million dong shall be imposed on the Transmission Unit for any of the following acts:

a) Permitting the connection of devices that do not meet technical standards as prescribed;

b) Using electrical energy measuring and counting devices that have not been inspected as prescribed or do not meet the technical standards prescribed for measuring and counting devices for the transmission grid.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the Transmission Units. 3. A fine of from fifteen million dong to twenty million dong shall be imposed on the Transmission Unit for any of the following acts:

a) Not complying with procedures and standards for grid operation;

b) Not providing transmission services when requested by the grid user unit, except in cases where the grid is overloaded as confirmed by the Electricity Regulatory Authority;

c) Not implementing shutdowns or requesting the National Power System Dispatching Unit to reduce transmission levels in situations posing a threat to human life and equipment safety;

d) Providing inaccurate information about the operational status of the grid causing damage to transmission activities.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the Transmission Units. 4. A fine of from twenty million dong to thirty million dong shall be imposed on the Transmission Unit for failing to implement repair work and restore the operational state of the transmission grid as prescribed, resulting in power supply interruptions or overloading of electrical equipment on the transmission grid within the specified time limit under the Transmission Grid Regulations without justifiable reasons. working condition of the transmission grid in accordance with regulations, causing power supply interruptions or overloading of electrical equipment on the transmission grid within the prescribed time limit under the Transmission System Regulations without valid reasons.

5. A fine of from thirty million dong to forty million dong shall be imposed on the Transmission Unit for any of the following acts:

a) Not constructing or delaying construction of the distribution network from the point of connection of the Generation Unit, Distribution Unit when these units have met all conditions and technical standards for connecting to the national power system without justifiable reasons confirmed by the Electricity Regulatory Authority;

b) Providing transmission services not in accordance with the Transmission Grid Regulations, causing damage to Generation Units, Distribution Units, and direct grid-connected electricity consumers, except in cases of grid overload confirmed by the Electricity Regulatory Authority;

c) Contributing capital to establish a generation unit; purchasing shares of a generation unit.

6. In addition to the main penalty, the Transmission Unit shall be compelled to use equipment meeting technical standards for the acts stipulated in point b, Clause 2, Article 3 of this Law.

Article 11. Violations of regulations on electricity distribution

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Performing any of the following tasks without a work permit or work order: repairing, connecting equipment, lines, substations of the selling party or organizations, individuals using electricity;

b) Removing, installing, or adjusting meters on the grid without a business card;;

c) Not establishing a handover record for electricity users after installing, repairing metering equipment as required;

d) Not having a removal record when replacing metering equipment;

đ) Not having a calibration record when adjusting metering equipment;

e) Not accepting metering equipment installation, replacement, repair, or adjustment within the prescribed time limit.

2. A fine of from three million dong to four million dong shall be imposed on the Distribution Unit for any of the following acts:

a) Not completing inspection, repair, or replacement of metering equipment within three working days from receiving a written request from the buying party;

b) Not handling faults to restore power supply within two hours from discovering or receiving notification from the buying party about faults in the grid managed by the selling party without justifiable reasons;

c) Stopping or reducing power supply not in accordance with the announced content;

d) Using electrical energy measuring and counting devices that have not been inspected as prescribed or do not meet the technical standards prescribed for measuring and counting devices for the distribution grid;

đ) Using metering equipment that does not comply with Vietnamese Standards, not inspected and sealed by the State management agency for measurement.

3. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed on Distribution Units for any of the following acts:

3. A fine of from four million dong to five million dong shall be imposed on the Distribution Unit for any of the following acts:

a) Stopping or reducing power supply without notifying according to the prescribed procedures and formalities for stopping or reducing power supply;

b) Using power facilities not under its own management to supply electricity to other organizations or individuals using electricity;

c) Stopping or reducing power supply to customers who are not subject to restrictions during power shortages, except in cases where there is a risk of serious accidents threatening people's safety, equipment, and the power system. for any of the following acts:

4. A fine of from five million dong to ten million dong shall be imposed on the Distribution Unit for any of the following acts:

a) Not reporting on the readiness level of the grid, equipment reserves, and electricity demand in its operating area as required by the National Power System Dispatching Unit, the Electricity Market Operation Unit, the Electricity Regulatory Authority, or competent authorities;

b) Providing inaccurate information affecting safety and causing damage to distribution activities;.

5. A fine of from ten million dong to twenty million dong shall be imposed on the Electricity Distribution Unit for the act of stopping power supply due to technical accidents caused by violation of operating procedures or equipment that has not been tested or inspected as prescribed..

6\. A fine of from twenty million dong to thirty million dong shall be imposed on the Electricity Distribution Unit for the act of allowing connection to the distribution network of devices that do not meet the technical standards as prescribed.

7\. In addition to the main form of punishment, the Electricity Distribution Unit may also be subject to the following measures to remedy consequences:

a\. Compel re-inspection of electricity metering devices; if they do not meet the standards, replace them with other metering devices for the acts specified in points d and đ, Clause 2 of this Article;

b\. Compel full compensation for all losses suffered for the acts specified in points d and đ, Clause 2 of this Article;

c\. Compel use of devices that meet the technical standards for the act specified in point d, Clause 2 of this Article.

Article 12. Violation of regulations on wholesale electricity sales

1\. A fine of from ten million dong to twenty million dong shall be imposed on the Electricity Wholesale Unit for the act of selling electricity at prices other than those prescribed by competent authorities.

2\. A fine of from twenty million dong to thirty million dong shall be imposed on the Electricity Wholesale Unit for any of the following acts:

a\. Buying or selling electricity with units that do not have a Power Business License;

b\. Exporting or importing electricity without a Permit for Export or Import of Electricity.

3\. A fine of from thirty million dong to forty million dong shall be imposed on the Electricity Wholesale Unit for the act of selling electricity without a contract approved as prescribed.

4\. In addition to the main form of punishment, the Electricity Wholesale Unit shall have all proceeds confiscated for the act of exporting electricity without a permit as specified in point b, Clause 2 of this Article.

5\. In addition to the main form of punishment, the Electricity Wholesale Unit shall be compelled to fully compensate for all losses resulting from selling electricity at incorrect prices as specified in Clause 1 of this Article.

Article 13. Violation of regulations on retail electricity sales

1\. A fine of from two hundred thousand dong to five hundred thousand dong shall be imposed on the act of inspecting organizations or individuals using electricity but failing to present an Electric Power Inspector Card or a Decision to Inspect issued by the power unit.

2\. A fine of from one million dong to three million dong shall be imposed on the Electricity Retail Unit for any of the following acts:

a\. Not publicly posting at electricity trading locations the provisions of laws regarding electricity tariff schedules; procedures for implementing electricity supply, meter reading, recording meter readings, collecting electricity bills, and terminating electricity services; regulations on stopping or reducing electricity supply levels; instructions on electrical safety;

b\. Not signing an electricity purchase and sale contract within seven working days without a valid reason since the electricity buyer for domestic purposes has met the required conditions and agreed on the contents of the draft contract.

3\. A fine of from three million dong to five million dong shall be imposed on the Electricity Retail Unit for the act of obstructing public officials from inspecting or auditing electricity transactions.

4\. A fine of from five million dong to seven million dong shall be imposed on the Electricity Retail Unit for any of the following acts:

a\. Not signing an electricity purchase and sale contract outside domestic purposes within seven working days without a valid reason since the electricity buyer has met the required conditions and agreed on the contents of the draft contract;

b\. Stopping or reducing electricity supply levels without notifying according to the prescribed procedures for stopping electricity supply;

c\. Selling electricity without an electricity purchase and sale contract with the electricity user.

5\. A fine of from ten million dong to fifteen million dong shall be imposed on the Electricity Retail Unit for the act of selling electricity at prices other than those prescribed by competent authorities.

6\. A fine of from fifteen million dong to twenty million dong shall be imposed on the act of exploiting one's profession to harass organizations or individuals using electricity for personal gain.

7\. A fine of from thirty million dong to forty million dong shall be imposed on the Electricity Retail Unit for any of the following acts:

a\. Purchasing electricity from an Electricity Generation Unit without a Power Business License.;

b\. Exporting or importing electricity without a Permit for Export or Import of Electricity.

8\. In addition to the main form of punishment, the Electricity Retail Unit shall have all proceeds confiscated for the act of exporting electricity without a permit as specified in point b, Clause 7 of this Article.

9\. In addition to the main form of punishment, the Electricity Retail Unit shall be subject to the following measures to remedy consequences:

a\. Compel full compensation for all losses suffered for the acts specified in Clauses 5 and 6 of this Article;

b\. Compel signing of an electricity purchase and sale contract for the acts specified in point b, Clause 2 and points a and c, Clause 4 of this Article.

Article 14. Violations of regulations on electricity usage

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on any of the following acts:

a) Obstructing authorized personnel in inspecting electricity usage;

b) Failing to notify the electricity supplier five (05) working days in advance when there is a need to temporarily cease electricity usage, and fifteen (15) working days in advance when there is a need to terminate the electricity purchase contract for electricity purchased for residential purposes.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Accidentally causing an incident in the electricity system of the electricity supplier;

b) Arbitrarily supplying electricity to organizations or individuals who have been suspended from receiving electricity due to violations of electricity usage regulations.

3. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Arbitrarily installing, connecting, disconnecting, repairing, or replacing electrical equipment and electrical installations of the electricity supplier;

b) Failing to notify the electricity supplier five (05) working days in advance when there is a need to temporarily cease electricity usage, and fifteen (15) working days in advance when there is a need to terminate the electricity purchase contract for electricity purchased for production, business, and service purposes;

c) Arbitrarily selling electricity to other organizations or individuals using electricity when purchasing electricity at retail prices for residential purposes.

4. A fine of between four million (4,000,000) and five million (5,000,000) Vietnamese dong for the act of arbitrarily reconnecting electricity when the electricity installation of the electricity purchaser has not yet been accepted and handed over; during the period when electricity supply is suspended due to violations of electricity usage regulations, or violations of the Construction Law.

5. A fine of between five million (5,000,000) and seven million (7,000,000) Vietnamese dong for any of the following acts:

a) Causing damage, arbitrarily moving, or altering the electricity metering system (including meter box protection, seals, and wiring diagrams), electrical equipment, and electrical installations of the electricity supplier;

b) Using devices with the purpose of interfering with data transmission, measurement, and protection equipment of the electrical system.

6. A fine of between seven million (7,000,000) and ten million (10,000,000) Vietnamese dong for the act of arbitrarily selling electricity to other organizations or individuals using electricity when purchasing electricity at retail prices for production, business, and service purposes.

7. A fine of between ten million (10,000,000) and fifteen million (15,000,000) Vietnamese dong for any of the following acts of large electricity users:

a) Failing to comply with the electricity usage regime according to the required level set by the National Power System Dispatching Unit when the system capacity is limited; failing to ensure the agreed voltage standards in the electricity purchase contract;

b) Connecting electrical equipment and connection equipment that do not meet technical standards and safety standards to the national power grid;

c) Failing to comply with the operation orders of the National Power System Dispatching Unit;

d) Failing to disconnect or reduce electricity consumption upon request of the electricity supplier due to force majeure incidents.

8. A fine for stealing electricity in any form for residential purposes:

a) A fine of between one million (1,000,000) and two million (2,000,000) Vietnamese dong for stealing less than one hundred (100) kilowatt-hours (kWh) of electricity;

b) A fine of between two million (2,000,000) and three million (3,000,000) Vietnamese dong for stealing between one hundred (100) and less than three hundred (300) kilowatt-hours (kWh) of electricity;

c) A fine of between three million (3,000,000) and four million (4,000,000) Vietnamese dong for stealing between three hundred (300) and less than five hundred (500) kilowatt-hours (kWh) of electricity;

d) A fine of between four million (4,000,000) and six million (6,000,000) Vietnamese dong for stealing between five hundred (500) and less than seven hundred (700) kilowatt-hours (kWh) of electricity;

đ) A fine of between six million (6,000,000) and ten million (10,000,000) Vietnamese dong for stealing between seven hundred (700) and less than one thousand (1000) kilowatt-hours (kWh) of electricity;

e) A fine of between ten million (10,000,000) and fifteen million (15,000,000) Vietnamese dong for stealing between one thousand (1000) and less than one thousand five hundred (1500) kilowatt-hours (kWh) of electricity;

g) A fine of between fifteen million (15,000,000) and twenty million (20,000,000) Vietnamese dong for stealing between one thousand five hundred (1500) and less than two thousand (2000) kilowatt-hours (kWh) of electricity;

h) A fine of between twenty million (20,000,000) and twenty-five million (25,000,000) Vietnamese dong for stealing between two thousand (2000) and less than two thousand five hundred (2500) kilowatt-hours (kWh) of electricity;

i) A fine of between twenty-five million (25,000,000) and thirty million (30,000,000) Vietnamese dong for stealing between two thousand five hundred (2500) and less than three thousand (3000) kilowatt-hours (kWh) of electricity.

9. A fine for stealing electricity in any form for purposes other than those specified in Clause 8 of this Article:

a) A fine of between five million (5,000,000) and ten million (10,000,000) Vietnamese dong for stealing less than two hundred (200) kilowatt-hours (kWh) of electricity;

b) A fine of between ten million (10,000,000) and fifteen million (15,000,000) Vietnamese dong for stealing between two hundred (200) and less than five hundred (500) kilowatt-hours (kWh) of electricity;

c) A fine of between fifteen million (15,000,000) and twenty million (20,000,000) Vietnamese dong for stealing between five hundred (500) and less than one thousand (1000) kilowatt-hours (kWh) of electricity;

d) A fine of between twenty million (20,000,000) and twenty-five million (25,000,000) Vietnamese dong for stealing between one thousand (1000) and less than one thousand five hundred (1500) kilowatt-hours (kWh) of electricity;

đ) A fine of between twenty-five million (25,000,000) and thirty million (30,000,000) Vietnamese dong for stealing between one thousand five hundred (1500) and less than two thousand (2000) kilowatt-hours (kWh) of electricity;

e) A fine of between thirty million (30,000,000) and thirty-five million (35,000,000) Vietnamese dong for stealing between two thousand (2000) and less than two thousand five hundred (2500) kilowatt-hours (kWh) of electricity;

g) A fine of between thirty-five million (35,000,000) and forty million (40,000,000) Vietnamese dong for stealing between two thousand five hundred (2500) and less than three thousand (3000) kilowatt-hours (kWh) of electricity.

10. In addition to the main penalties, individuals and organizations violating the regulations shall also be subject to the following supplementary penalties:

a) Confiscation of all proceeds obtained from the acts stipulated in point c, Clause 2 and Clause 6 of this Article;

b) Confiscation of the objects and means used to commit the violation for the acts stipulated in Clause 5, Clause 8 and Clause 9 of this Article. 11. In addition to the main penalties, individuals and organizations violating the regulations shall also be subject to the following measures to remedy the consequences:

a) Compelling restoration to the original state before the change for the acts stipulated in point a, Clause 3 and Clause 5 of this Article;

b) Compelling full compensation for the losses suffered for the acts stipulated in Clause 8 and Clause 9 of this Article;

c) Compelling the use of equipment meeting technical standards for the acts stipulated in point b, Clause 7 of this Article.

c) Compel the use of equipment meeting technical standards for the acts stipulated in point b, Clause 7 of this Law.

Article 15. Violations of electrical safety regulations

1. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed on one of the following acts:

a) Flying kites, balloons, other flying objects, fireworks with streamers, or throwing any object from a height within the protected area of an electrical facility or within the electrical line safety corridor;

b) Climbing power poles or entering substations without a designated task;

c) Attaching livestock, vehicles, or work tools to power poles;

d) Drying clothes or household items on power lines;

đ) Operating rice threshing machines within the electrical line safety corridor.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) Installing antennas, clotheslines, scaffolding, signs, advertising lights, or other objects at locations where they may fall and come into contact with electrical facilities after having been warned and fined for a warning but not removed;

b) Planting trees or allowing tree branches, vines to violate safe distances from electrical lines or substations; cutting trees or trimming branches without ensuring safety measures for electrical facilities.

3. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Cutting down trees, trimming trees, or demolishing structures not in accordance with the provisions of the law when constructing, operating, or repairing power grids;

b) Failing to restore the original condition of related facilities that have been altered due to construction or repair of electrical facilities;

c) Not providing electrical safety documentation; not issuing internal procedures or regulations regarding electrical safety within organizations or enterprises.

4\. Impose a fine of VND 2,000,000 to VND 3,000,000 for any of the following acts:

a) Tossing, throwing, or shooting any object onto power lines or into electrical facilities;;

b) Using electricity for fishing, mouse traps, theft prevention, or property protection; using electricity directly as a protective means (electric fences) without permission from authorized authorities;

c) Using power poles or structures of substations for purposes other than their intended use without prior agreement from the facility's management unit;

d) Using electricity by tapping single-phase power and grounding the neutral wire through wells, ponds, water pipes, or other methods.

5. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Employing personnel who have not been trained in specialized knowledge, skills, and not issued an electrical safety card to manage, operate, or repair electrical equipment or lines within the power grid managed by a unit;

b) Removing, defacing, or obstructing electrical safety signs, signals, or instructions;

c) Failing to place safety signs, signals, or instructions at dangerous electrical locations or areas as required, or failing to set up markers along underground cable routes;

d) Violating safety regulations for people and property during the renovation, upgrading, repair, or installation of electrical facilities;

đ) Failing to establish and manage complete files, records, and technical documents of electrical equipment in power generation, transmission, distribution, or in organizations using electricity.

6. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Designing and installing electrical equipment systems, power lines on construction sites, in production workshops, hotels, high-rise buildings, markets, supermarkets without meeting safety standards for electrical safety and fire prevention; or not conforming to "Vietnamese Standard - Grounding and Ungrounding Regulations for Electrical Equipment";

b) Causing damage to equipment, accessories, or structural components of electrical facilities with voltages up to 35 kV but not reaching the level requiring a power outage;

c) Excavating near power pole foundations that could cause settlement or collapse, despite warnings from the power grid operation management unit; piling soil to reduce the safe distance between overhead power lines and the ground within the electrical line safety corridor up to 35 kV;

d) Building tents, stalls, temporary structures that encroach upon access roads, drainage systems, ventilation systems, or exit corridors of power plants or substations;

đ) Constructing houses or structures with flammable materials for roofs or walls, or any part of a house or structure violating the safe distance from energized parts within the high-voltage power line safety corridor;

e) Using power poles to hang telecommunications cables without ensuring electrical safety.

7. A fine of VND 5,000,000 to VND 6,000,000 shall be imposed for any of the following acts:

a) Causing damage to equipment, accessories, or structural components of electrical facilities with voltages from 110 kV to 220 kV but not reaching the level requiring a power outage;

b) Excavating near power pole foundations causing settlement or collapse, or piling soil to reduce the safe distance between overhead power lines and the ground within the electrical line safety corridor with voltages from 110 kV to 220 kV;

c) Blasting or mining near the safety corridor of high-voltage power lines capable of damaging equipment, accessories, or structural components of the facility;

d) Excavating, driving piles, dredging riverbeds, lakes; anchoring boats within the safety corridor of underground power cables marked with signs and signals;;

đ) Using machinery, equipment, or transportation with heights exceeding 4.5 meters within the safety corridor of overhead high-voltage power lines or higher than the clearance height according to waterway technical specifications, leading to power grid incidents.

8. A fine of VND 6,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Constructing houses or structures that encroach upon access roads, drainage systems, ventilation systems, or exit corridors of power plants or substations;

b) Constructing houses or structures within the safety corridor of high-voltage power lines or overlying the safety corridor of underground power cables marked with signs and signals without written consent from the power grid operation management unit.

9. A fine of VND 7,000,000 to VND 8,000,000 shall be imposed for any of the following acts:

a) Stacking flammable, explosive substances, or corrosive chemicals in the safety corridor of high-voltage power lines;

b) Discharging corrosive substances into the safety corridor of underground power cables.

10. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for causing damage to equipment, accessories, or structural components of 500 kV electrical facilities but not reaching the level requiring a power outage.

11. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Operating the high-voltage transmission line at permitted overloading conditions under normal circumstances when the line passes through residential areas, densely populated public places, high-tech zones, industrial parks, export processing zones, important facilities related to national security and defense, historical and cultural sites, scenic spots that have been ranked by the State;

b) Accepting and putting into operation new transmission lines that do not meet the limit for electric field intensity; failing to properly ground buildings and existing lawful structures before the construction of the transmission line according to regulations within three (03) months from the date of acceptance and energization of the project, if the investor of the power project does not timely address this issue;

c) Accepting and putting into operation new transmission lines that do not comply with the prescribed safety distance from the effective date of this Decree;

d) Violating the safety distance of overhead power lines when crossing or running parallel to traffic routes;

12. A fine of from twenty million dong to thirty million dong shall be imposed on the act of excavating soil near the foundation of power poles causing subsidence or piling up soil to reduce the safety distance between power lines and the ground in the protected corridor of high-voltage transmission lines with a voltage level of 500 kV;

13. In addition to the main form of punishment, organizations and individuals who violate the provisions may also be subject to confiscation of objects and means used for violation as stipulated in point a and point c clause 1; point a clause 2; clause 4 and point a clause 9; This Article.

14. In addition to the main form of punishment and supplementary forms of punishment, organizations and individuals who violate the provisions may also be subject to the following remedial measures; a) Forced demolition of unauthorized construction works as stipulated in point a clause 2; point c clause 4; point d and point đ clause 6 and clause 8 of this Article;

b) Forced restoration to the original condition as stipulated in point b clause 3; point b clause 5; point b, point c clause 6; point a, point b, point d clause 7; point b clause 9; clause 10 and clause 12 of this Article;

c) Forced implementation of safety measures as prescribed as stipulated in point e clause 6; point b and point c clause 11 of this Article.

Article 16. Violations of the provisions on system dispatching

1. A fine of from ten million dong to twenty million dong shall be imposed on Power Generation Units and Power Transmission Units for failure to report to the System Dispatching Unit about the situation of incidents, abnormal operating states of equipment that may cause incidents leading to the shutdown of power plants and transmission grids;

2. A fine of from thirty million dong to forty million dong shall be imposed on Power Generation Units and Power Transmission Units for one of the following acts:a) Failure to comply with the dispatch orders of the System Dispatching Unit as prescribed in the National System Dispatching Procedures and related procedures and regulations, except in cases where compliance with the dispatch order would endanger people and equipment; b) Failure to comply with the National System Operation Procedures, Equipment Operation Procedures, Black Start Procedures, National System Incident Handling Procedures, and related procedures and regulations causing incidents in power plants and on transmission grids;

3. A fine of from thirty million dong to forty million dong shall be imposed on Power Distribution Units for one of the following acts:

a) Failure to comply with the dispatch orders of the System Dispatching Unit as prescribed in the National System Dispatching Procedures, except in cases where compliance with the dispatch order would endanger people and equipment;

b) Failure to comply with the National System Operation Procedures, Power Distribution Grid Operation Procedures, and Equipment Operation Procedures causing incidents on distribution grids; c) Failure to comply with the National System Incident Handling Procedures and Power Distribution Grid Incident Handling Procedures causing the expansion of incident scope;

d) Contributing capital to establish a power generation unit; purchasing shares of a power generation unit;

4. A fine of from ten million dong to twenty million dong shall be imposed on the National System Dispatching Unit and Regional System Dispatching Units for dispatching the system without complying with relevant procedures and regulations but without causing incidents on the system without justifiable reasons;

5. A fine of from thirty million dong to forty million dong shall be imposed on the National System Dispatching Unit and Regional System Dispatching Units for one of the following acts:

a) Dispatching the system incorrectly according to the approved operational method causing incidents on the system without justifiable reasons;

b) Violating the National System Operation Procedures causing incidents on the system;.

c) Failing to comply with the National System Incident Handling Procedures leading to the expansion of the incident scope.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the National Power System Dispatch Unit, Regional Power System Dispatch Unit for any of the following acts:

a) Dispatching the power system incorrectly according to the approved operating mode, causing incidents in the power system without valid reasons;

b) Violating the National Power System Operating Procedures, causing incidents in the power system;

c) Failing to comply with the National Power System Incident Handling Procedures, leading to the expansion of incident scope.

Article 17. Violations of provisions regarding the electricity market

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the Transmission Unit for failing to provide information about the transmission network maintenance plan to the System Operation Unit and the Electricity Market Trading Management Unit within the time limit stipulated in the Competitive Power Generation Market Operation Regulation and the Transmission System Regulation.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Transmission Unit for failing to provide information or providing inaccurate information for the annual system operation plan and monthly, weekly power generation capacity dispatch schedule as stipulated in the Competitive Power Generation Market Operation Regulation.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the Electricity Market Trading Management Unit for any of the following violations:

a) Violating the information disclosure regulations as stipulated in the Competitive Power Generation Market Operation Regulation;

b) Using input data and information for the annual system operation plan without authorization from the competent authority as stipulated in the Competitive Power Generation Market Operation Regulation.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Electricity Market Trading Management Unit and the System Operation Unit for any of the following violations:

a) Violating the information security regulations as stipulated in the Competitive Power Generation Market Operation Regulation;

b) Providing incomplete or untimely information for market monitoring, dispute resolution, and violation handling as stipulated in the Competitive Power Generation Market Operation Regulation;

c) Failing to comply with the rules for scheduling power generation units as stipulated in the Competitive Power Generation Market Operation Regulation and the Transmission System Regulation;

d) Failing to comply with the rules for implementing power generation unit schedules as stipulated in the Transmission System Regulation;

đ) Interfering with market operations without complying with the regulations stipulated in the Competitive Power Generation Market Operation Regulation and the Transmission System Regulation;

e) Violating the procedures, formalities, and methods for calculating annual power generation volume for power generation units as stipulated in the Competitive Power Generation Market Operation Regulation and the Model Power Purchase and Sale Contract Regulation;

g) Losing data used for preparing transaction energy settlement records during the retention period as stipulated in the Competitive Power Generation Market Operation Regulation;

h) Agreeing with power generation units on bidding prices so that their power generation units are scheduled out of sequence or according to improper procedures as stipulated in the Competitive Power Generation Market Operation Regulation.

5. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Power Generation Unit for any of the following violations:

a) Failing to provide information or providing inaccurate information for the annual system operation plan and monthly, weekly power generation capacity dispatch schedule; for dispute resolution and violation handling on the market as stipulated in the Competitive Power Generation Market Operation Regulation;

b) Agreeing with other power generation units on bidding prices to be scheduled;

c) Directly or indirectly agreeing with other entities to limit or control power supply offers on the market to increase spot market prices and affect power supply security;

d) Agreeing with the Electricity Market Trading Management Unit on bidding prices to be scheduled contrary to regulations.

6. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Power Purchase and Sale Company for any of the following violations:

a) Failing to provide information or providing inaccurate information for the annual system operation plan and monthly, weekly power generation capacity dispatch schedule; for dispute resolution and violation handling on the market as stipulated in the Competitive Power Generation Market Operation Regulation;

b) Failing to comply with the procedures and formalities for reviewing and approving power purchase and sale contracts.

7. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Data Measurement Management Unit and the System Operation Management Unit for failing to perform fault repair work on the measurement system; data collection, processing, and storage system within the prescribed time limit as stipulated in the Competitive Power Generation Market Energy Metering Regulation.

8. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the Testing and Calibration Unit of the Electricity Meter for violating the password security regulations for electricity meters as stipulated in the Competitive Power Generation Market Energy Metering Regulation.

9. In addition to the main penalty, the Power Generation Unit shall also have all proceeds obtained from the violations specified in point h Clause 4; points b, c and d Clause 5 of this Article confiscated. and point d, Clause 5 of this Article.      

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Section 1

AUTHORITY TO IMPOSE PENALTIES

Article 18. Competence to impose penalties of the Chairpersons of People's Committees at all levels

The Chairpersons of People's Committees at all levels have the competence to impose penalties for violations of laws in the electricity sector occurring within their jurisdiction, specifically as follows:

1. The Chairperson of the People's Committee at the commune level has the authority to impose penalties on acts prescribed in Articles 14 and 15 of this Decree as follows: of this Decree as follows:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) Confiscate objects, means used for violation with a value up to VND 2,000,000;

d) Order restoration to the original state changed due to the violation;

đ) Order full compensation for all losses caused by the violation.

2. The Chairperson of the People's Committee at the district level has the authority to impose penalties on acts prescribed in Clause 1, Clause 2 of Article 11; Article 13; Article 14 and Article 15 of this Decree as follows: of this Decree as follows:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate objects, means used for violation;

d) Order restoration to the original state changed due to the violation;

đ) Order demolition of unauthorized or improperly permitted construction works;

e) Order full compensation for all losses caused by the violation;

g) Order re-inspection of measuring devices or replacement with other measuring devices;

h) Confiscate the entire amount of money obtained from the implementation of the violation.

3. The Chairperson of the People's Committee at the provincial level has the authority to impose penalties on acts prescribed in Article 7; Article 8; Clause 2, Clause 3 of Article 11; Clause 1 of Article 12; Article 13; Article 14 and Article 15 of this Decree as follows: of this Decree as follows:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Suspend the right to use the electricity business license issued by the provincial People's Committee or the municipal People's Committee under the central government;

d) Confiscate objects, means used for violation;

đ) Order restoration to the original state changed due to the violation;

e) Order demolition of unauthorized or improperly permitted construction works;

g) Order payment of all fees and charges as prescribed;

h) Order full compensation for all losses caused by the violation;

i) Order re-inspection of measuring devices or replacement with other measuring devices;

k) Revoke the electricity business license issued by the provincial People's Committee or the municipal People's Committee under the central government;

l) Confiscate the entire amount of money obtained from the implementation of the violation.

Article 19. Competence to impose penalties of specialized inspectors in the electricity sector

Specialized inspectors in the electricity sector under the Ministry of Industry and Trade have the authority to impose penalties for violations of laws in the electricity sector throughout the country. Specialized inspectors in the electricity sector under the Department of Industry and Trade of the province or municipality directly under the central government have the authority to impose penalties for violations of laws in the electricity sector occurring within their jurisdiction.

1. Specialized electricity inspectors performing official duties have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate objects, means used for violation;

d) Order restoration to the original state changed due to the violation.

2. The Chief Inspector of the Department of Industry and Trade has the authority to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Suspend the right to use the electricity business license issued by the Department of Industry and Trade of the province or municipality directly under the central government;

d) Confiscate objects, means used for violation;

đ) Order restoration to the original state changed due to the violation;

e) Order demolition of unauthorized or improperly permitted construction works;

g) Order payment of all fees and charges as prescribed;

h) Order full compensation for all losses caused by the violation;

i) Order re-inspection of measuring devices or replacement with other measuring devices;

k) Confiscate the entire amount of money obtained from the implementation of the violation.

3. The Chief Inspector of the Ministry of Industry and Trade has the authority to:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Confiscate objects, means used for violation;

d) Order restoration to the original state changed due to the violation;

đ) Order demolition of unauthorized or improperly permitted construction works;

e) Order payment of all fees and charges as prescribed;

g) Order full compensation for all losses caused by the violation;

h) Order re-inspection of measuring devices or replacement with other measuring devices;

i) Confiscate the entire amount of money obtained from the implementation of the violation.

Article 20. The Penalty Authority of the Director of the Electricity Regulatory Authority

The Director of the Electricity Regulatory Authority has the authority to impose penalties on violations of laws in the electricity sector throughout the country as stipulated in Article 7; Clause 3, Clause 4 and Clause 5 of Article 8; Article 9; Article 10; Clause 4, Clause 5, Clause 6 of Article 11; Article 12; Clause 6, Clause 7 of Article 13; Clause 6 of Article 14; Article 16 and Article 17 of this Decree as follows:

1. Imposing fines.

2. Revoking the license for electricity operation for a limited period.

3. Confiscating objects and means used to commit the violation.

4. Confiscating all proceeds obtained from the violation.

5. Revoking the license for electricity operation.

6. Compelling payment of all fees and charges as prescribed.

7. Compelling full compensation for all losses caused by the violation.

8. Compelling re-testing or replacement of electrical metering equipment..

9. Compelling separation of power generation units.

Article 21. The Penalty Authority of the Director of the Industrial Safety and Environment Technology Department

The Director of the Industrial Safety and Environment Technology Department has the authority to impose penalties on violations of laws in the electricity sector throughout the country as stipulated in Article 15 of this Decree as follows:

1. To issue warnings.

2. Imposing fines.

3. Confiscating objects and means used for the violation.

4. Compelling restoration to the original state before the violation occurred.

5. Compelling demolition of unauthorized construction works.

6. Compelling implementation of safety measures as prescribed.

Article 22. The Penalty Authority of Other Forces

In addition to those specified in Articles 18, 19, 20, and 21 of this Decree, the following authorities have the right to impose penalties when they discover violations within their jurisdiction and area of management as stipulated in this Decree, specifically as follows:

1. People's Public Security soldiers performing official duties, the head of the People's Public Security soldiers, and the Head of the County Public Security have the authority to impose penalties on violations at:

a) Clause 1 of Article 8;

b) Clause 3 of Article 13;

c) Point a of Clause 1 of Article 14;

d) Clause 1; Clause 2; Clause 3; Point a of Clause 4; Points b, c, d of Clause 5  Article 15.

2. Construction inspectors have the authority to impose penalties on violations at:

a) Point b of Clause 3 of Article 15;

b) Point d of Clause 5 of Article 15;

c) Points d, đ of Clause 6 of Article 15;

d) Point b of Clause 8 of Article 15.

3. Environmental inspectors have the authority to impose penalties on violations at Clause 9 of Article 15 of this Decree.

Section 2

PROCEDURES FOR IMPOSING PENALTIES

Article 23. Establishing Violation Records in the Electricity Sector

1. When discovering violations as stipulated in Article 7, Article 8, Article 9, Article 10, Article 11, Article 12, Article 13, Article 14, and Article 15 of this Decree, the authorized penalty enforcers as stipulated in Articles 18, 19, 21, and 22 of this Decree or the Electricity Inspector performing their duties must immediately stop the violation and proceed to establish a Violation Record according to Model Form 01 issued in the Appendix of this Decree. b) Name, position of the person establishing the record;

2. The contents of the record include:

a) Date, month, year, and location of recording;

e) Measures to prevent the violation and ensure enforcement (if applicable);

c) Name, address, occupation of the individual violator or name, address of the organization violator;

d) Date, month, year, and location where the violation occurred;

đ) Description of the violation;

i) Name, address, statement of the witness, victim, or representative of the organization that suffered damage.

g) Status of seized items and means (if any);

h) Statement of the individual violator or representative of the organization violator;

3. The record must be established in at least two copies; it must be signed by the person establishing the record and the violator or the representative of the violating organization; if there are witnesses, victims, or representatives of organizations that suffered damage, they must also sign the record; if the record consists of multiple pages, then the persons mentioned in this clause must sign each page of the record.

If the violator, representative of the violating organization, witness, victim, or representative of the organization that suffered damage refuse to sign, the person establishing the record must clearly note the reason in the record.

In cases where the violator intentionally avoids presence or due to objective reasons is not present at the location of the violation, the completed record must be signed by a representative of the commune-level authority or neighborhood association or equivalent authority where the violation occurred, or by two witnesses.

4. After completion, the record must be handed over to the violator or organization one copy. In cases where the violation exceeds the authority or does not fall under the authority of the person establishing the record, that person must transfer the record to the person with the authority to impose penalties to proceed with enforcement.

4. The completed record must be handed over to the individual or organization that violated the rules for one copy. If the violation exceeds the authority or does not fall within the authority to impose penalties of the person who prepared the record, then that person must transfer the record to the person with the authority to impose penalties to proceed with the penalty.

Article 24. Decision on Administrative Sanctions 

1. Except for cases within the sanctioning authority of the Director of the Electricity Regulatory Authority and cases handled under the simplified procedure prescribed in Clause 21, Article 1 of the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations, the time limit for issuing a decision on administrative sanctions is ten (10) working days from the date of recording the violation.

For complex violations with many circumstances, the maximum time limit for issuing a decision on administrative sanctions is thirty (30) working days. If additional time is needed to verify and collect evidence, the person authorized must report in writing to their direct superior requesting an extension; the extension must be in writing and shall not exceed thirty (30) working days. Beyond this period, the authorized person may not issue a decision on administrative sanctions; if no decision is issued, the measures to mitigate consequences as stipulated in Clause 3, Article 5 of this Decree can still be applied.

2. When deciding on administrative sanctions against a person who commits multiple violations, the authorized person shall issue only one decision specifying the form and level of sanction for each violation; if the forms of sanctions are fines, they shall be combined into a total fine, which may be paid in one or several installments at the discretion of the authorized person imposing the sanction.

3. The content of the decision on administrative sanctions includes (according to Model Decision No. 01 in the Appendix of this Decree):

a) Date of issuance of the decision;

b) Name and position of the person issuing the decision;

c) Name, address, and occupation of the individual committing the violation or the name and address of the organization committing the violation;

d) The violation according to point, clause, and article of this Decree;

đ) Circumstances related to the handling of the violation;

e) Principal form of sanction, supplementary form of sanction (if applicable), and measures to mitigate consequences (if applicable);

g) Time limit, place of enforcement of the decision on administrative sanctions, and signature of the person issuing the decision on administrative sanctions.

4. In the decision on administrative sanctions, it must also clearly state that if the individual or organization being sanctioned does not voluntarily comply, they will be subject to compulsory enforcement.

5. The decision on administrative sanctions takes effect from the date of signing, except where a different effective date is clearly stated in the decision.

6. The decision on administrative sanctions must be sent to the individual or organization being sanctioned and the agency collecting the fine within three working days from the date of issuance of the decision on administrative sanctions.

Article 25. Compliance with the Decision on Administrative Sanctions

1. Individuals and organizations being sanctioned must comply with the decision on administrative sanctions within ten (10) working days from the date they receive the decision on administrative sanctions.

2. If individuals and organizations being sanctioned fail to voluntarily comply with the decision on administrative sanctions beyond the time limit specified in Clause 1 of this Article, they will be subject to compulsory enforcement.

Article 26. Compulsory Enforcement of the Decision on Administrative Sanctions

1. Individuals and organizations being sanctioned who do not voluntarily comply with the decision on administrative sanctions will be subject to compulsory enforcement through the following measures:

a) Deducting part of the salary or income;

b) Withdrawing money from a bank account;

c) Seizing assets of equivalent value to the fine for auction;

d) Ceasing electricity supply to individuals and organizations using electricity;

đ) Other compulsory measures to confiscate items and means used in the violation, restore the original condition altered by the violation, or dismantle unauthorized construction works.

2. Individuals and organizations receiving a decision on compulsory enforcement must strictly comply with the decision and bear all costs associated with organizing the implementation of compulsory measures.

3. The compulsory enforcement measures prescribed in Point đ, Clause 1 of this Article must be notified in writing before implementation to the Chairman of the People's Committee of the commune where the enforcement is carried out for coordination.

4. Functional agencies of the People's Committee have the responsibility to enforce the compulsory enforcement decision of the Chairman of the same-level People's Committee according to the assignment of the Chairman of the People's Committee.

5. Police forces have the responsibility to ensure order and safety during the implementation of the compulsory enforcement decision of the Chairman of the same-level People's Committee or other state agencies' compulsory enforcement decisions when requested by those agencies.

6. The authority to issue a decision on compulsory enforcement is defined as follows:

a) Those authorized to issue a decision on compulsory enforcement and responsible for organizing its implementation include:

- Chairmen of People's Committees at the commune, district, and provincial levels;

- Chiefs of police stations, Chiefs of police at the district level; Directors of police at the provincial level;

- Heads of the Inspection Department of the Industry and Trade Department; Heads of the Inspection Department of the Ministry of Industry and Trade.

b) Director of the Electricity Regulatory Authority;

c) Director of the Industrial Safety and Environmental Technology Bureau.

Article 27. Procedure for Revoking the Right to Use a Power Business Operation License for a Specified Period

1. When revoking the right to use a power business operation license, the authorized authority imposing the penalty shall seize the license recorded in the penalty decision and immediately notify the issuing agency of such action.

2. Upon expiration of the period specified for revoking the right to use the license in the penalty decision, the authorized authority imposing the penalty shall return the license to the individual or organization that had it revoked.

3. In case of discovering that a power business operation license was issued beyond the authority's jurisdiction or contains content contrary to the law, the authorized authority imposing the penalty must inform the competent state agency issuing the license so that they can proceed with recalling the license.

Article 28. Other Procedures

1. Simplified procedures apply in cases of warning penalties or fines up to VND 200,000. Simplified procedures are carried out according to the provisions of Article 54 of the Administrative Violation Handling Ordinance.

2. Fine imposition procedures are implemented according to the provisions of Clause 24, Article 1 of the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance. The place for paying the fine is carried out according to the provisions of Article 58 of the Administrative Violation Handling Ordinance.

3. The temporary detention of contraband items and means of violation is carried out according to Clause 19, Article 1 of the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance. The procedure for confiscating contraband items and means of violation is carried out according to the provisions of Article 60 of the Administrative Violation Handling Ordinance. The handling of contraband items and means of violation is carried out according to the provisions of Clause 25, Article 1 of the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance.

Article 29. Transfer of Case Files of Violations Indicating Criminal Offenses for Criminal Liability Pursuit

1. In cases where individuals or organizations commit electricity theft not covered under Clause 8 and Clause 9, Article 14 of this Decree, or when considering a violation case to impose a penalty and finding that the violation indicates criminal offenses, the authorized authority must immediately transfer the case file to the competent criminal prosecution agency.

Determining the quantity and value of stolen electricity for criminal liability pursuit is applied according to the calculation method of quantity and compensation value stipulated in Point b, Clause 11, Article 14 of this Decree.

2. If a penalty decision has been made and subsequently it is discovered that the violation indicates criminal offenses, the person who made the penalty decision must revoke the decision and within three working days from the date of revoking the penalty decision, must transfer the violation case file to the competent criminal prosecution agency.

Chapter IV

IMPLEMENTING PROVISIONS

Article 30. Management and Use of Administrative Violation Penalties

1. The authorized authority imposing penalties may use part of the administrative violation penalties collected in the field of electricity for inspection and penalty enforcement work.

2. The Ministry of Finance, in collaboration with the Ministry of Industry and Trade, shall specify the management and utilization of revenue from administrative violation penalties in the field of electricity.

Article 31. Effective Date

This Decree takes effect from August 1, 2010, and replaces Government Decree No. 74/2003/NĐ-CP dated June 26, 2003, on administrative violations in the field of electricity.

Article 32. Responsibility for Implementation

1. The Ministry of Industry and Trade is responsible for detailing the procedures and processes for investigation and punishment of violations in the field of electricity within the jurisdiction of the Director of the Electricity Regulatory Authority and the Director of the Industrial Safety and Environment Technology Department.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.