Thông tư 06/2021/TT-BCT

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF THE CIRCULAR NO. 16/2014/TT-BCT DATED MAY 29, 2014 OF THE MINISTER OF INDUSTRY AND TRADE ON IMPLEMENTATION OF ELECTRICITY SELLING PRICES

Pursuant to the Government's Decree No. 98/2017/ND-CP dated August 18, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Law on Electricity dated December 3, 2004 and the Law on Amendments and Supplements to certain Articles of the Law on Electricity dated November 20, 2012;

Pursuant to the Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 elaborating on the implementation of certain articles of the Law on Electricity and the Law on Amendments to certain Articles of the Law on Electricity;

Pursuant to the Prime Minister’s Decision No. 28/2014/QD-TTg dated April 7, 2014 prescribing the electricity retailing price structure;

Pursuant to the Prime Minister’s Decision No. 24/2017/QD-TTg dated June 30, 2017 on the mechanism for adjustment of the average electricity retail prices;

Upon the request of the Director of the Electricity Regulatory Authority,

The Minister of Industry and Trade hereby issues the Circular providing amendments and supplements to several articles of the Circular No. 16/2014/TT-BCT dated May 29, 2014 of the Minister of Industry and Trade on implementation of electricity selling prices.

Article 1. Amendments and supplements to several articles of the Circular No. 16/2014/TT-BCT dated May 29, 2014 of the Minister of Industry and Trade on implementation of electricity selling prices

1. Point b of clause 1 of Article 4 shall be amended as follows:

“b) Electricity retailers at industrial parks or industrial clusters”.

2. Point b of clause 2 of Article 5 shall be amended as follows:

“b) Electricity retailers at industrial parks or industrial clusters”.

3. The phrase “voltage transformers and electricity consumption” shall be replaced by the phrase “voltage transformers or electricity consumption” in clause 2 of Article 5.

4. The title of clause 1 of Article 6 shall be amended as follows:

“1. Electricity retailers in rural areas, collective quarters, residential clusters, commercial - service - household complexes, markets, industrial parks and industrial clusters must fully satisfy the following conditions: "

5. Point b of clause 2 of Article 9 shall be amended as follows:

“b) Electricity used for public and community activities for residents in high-rise apartment buildings and urban areas; for pumping water for daily-life activities in residential areas and clusters.”

6. Article 11 shall be amended as follows:

“Article 11. Electricity selling prices applied at industrial parks purchasing electricity from the national electricity system and other power supply sources

Electricity retailers at industrial parks buying electricity from the national power system and other power supply sources (e.g. local power generation plants; local power sources, such as wind power, solar power, biomass power) to retail electricity to end users in industrial parks shall formulating proposals for electricity selling prices applied to local end users and submitting them to Departments of Industry and Trade for their verification before seeking approval from the People's Committees of provinces or cities on a yearly basis.”

7. Clause 6 of Article 14 shall be amended as follows:

 “6. In case where, in a commercial - service - household complex, there are end-users that are hospitals, kindergartens, preschools, high schools, public lighting systems, administrative agencies and non-business units, the electricity wholesale prices applied at the master meter to part of electricity consumed by these end-users do not exist in the form of three unit prices and are regulated as follows:

a) Applying electricity selling prices to hospitals, kindergartens, preschools, high schools, public lighting systems, administrative agencies and non-business units as prescribed in Article 9 herein;

b) Electricity retailers shall be responsible for cooperating with the electricity wholesalers in installing three-rate meters to measure the actual electricity consumption and record readings of power consumed by end-users on the same day as recorded at the master meter to ensure accurate calculation of the amount of electricity consumption for the purposes of electricity use at the master meter.”

8. Article 15 shall be amended as follows:

 “Article 15. Electricity wholesale prices in industrial parks or industrial clusters

1. The wholesale price at 110kV busbar of the 110kV transformer in an industrial park or industrial cluster shall be applied to retailers who wholesale purchase electricity from the 110kV busbar (110kV transformer built by the buyer) of the industrial park or the industrial cluster to retail sell to end-users in the industrial park or industrial cluster. The wholesale price applied to each 110kV transformer shall be determined by referring to total capacity of the 110kV transformer installed in the industrial park or the industrial cluster.

2. The wholesale price at the medium-voltage busbar of the 110kV transformer or at the shunt of the medium-voltage line leading to the industrial park or industrial cluster shall be applied to retailers who wholesale purchase electricity to retail sell to end-users in the industrial park or industrial cluster at the medium-voltage level.

3. The wholesale price of electricity that the power company sells to retailers at the medium-voltage level of low-voltage transformers shall be equal to the retail price applied to production industries at the corresponding medium-voltage level.

4. The wholesale price at the 110 Kv busbar of the 220 Kv transformer or at the shunt of the 110 Kv line leading to the industrial park or industrial cluster shall be equal to the retail price at the 110 Kv or higher level applied to the case where the electricity retailer wholesale purchases electricity to retail sell to end-users in the industrial park or cluster at the 110 Kv voltage level.”

9. Clause 1 of Article 16 shall be amended, and clause 3 of Article 16, shall be supplemented as follows:  

“1. Electricity Regulatory Authority shall assume the following responsibilities:

a) Advising Leaders of the Ministry of Industry and Trade to issue a Decision on electricity selling prices applicable to electricity users and electricity retailers according to the provisions of the Prime Minister’s Decision No. 28/2014/QD-TTg dated April 7, 2014 regulating the structure of electricity retail prices and documents regulating electricity prices of the Government and the Prime Minister.

b) Advising Leaders of the Ministry of Industry and Trade to issue written documents providing instructions about handling of difficulties and problems arising in the process of implementation of electricity selling prices.

3. The Vietnam Electricity Corporation shall be responsible for reporting to the Electricity Regulatory Authority on the structure of the proportions of electricity consumption, retail price of electricity for each group of electricity users each year and the expected structure of the proportions of electricity consumption of customers in the following year as a basis for determining the retail prices of electricity applied to customers and the selling prices of applied to retailers when adjusting the electricity selling prices.”

10. Eliminating the phrase “in charge of household registration" at:

a) Point c of clause 2 and point c of clause 6 of Article 12;

a) Point b of clause 2 and point c of clause 6 of Article 13;

c) Point c of clause 2 and point c of clause 5 of Article 14.

Article 2. Entry into force

1. This Circular is entering into force as of September 25, 2021.  

2. In the course of implementation of this Circular, if there is any difficulty that arises, affiliated entities shall send feedbacks to the Electricity Regulatory Authority to seek decisions under its jurisdiction or for reporting to the Ministry of Industry and Trade to consider any possible solution./.