Thông tư 43/2014/TT-BCT

CIRCULAR

PRESCRIBING CONTENT REQUIREMENTS, PROCESSES AND PROCEDURES FOR FORMULATION, ASSESSMENT AND APPROVAL OF THE LOCATION PLAN FOR CONSTRUCTION OF THE ELECTRICITY CENTER

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Law on Electricity No. 28/2004/QH11 dated December 3, 2004;

Pursuant to the Law No. 24/2012/QH13 dated November 20, 2012 on revision of certain articles of the Law on Electricity;

Pursuant to the Government's Decree No. 95/2012/ND-CP dated November 12, 2012 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Government's Decree No. 137/2013/ND-CP dated October 21, 2013 specifying implementation of certain articles of the Law on Electricity and the Law on Revision of certain articles of the Law on Electricity;

After considering the request of the Director of the General Department of Energy,

The Minister of Industry and Trade hereby introduces the Circular dealing with content requirements, processes and procedures for formulation, assessment and approval of the Location Plan for construction of the Electricity Center.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes content requirements, processes and procedures for formulating, assessing and approving:

1. The location plan for construction of the Electricity Center (hereinafter referred to as Electricity Center Location Plan) that is composed of at least 2 thermal power plants fuelled by coal, oil and gas.

2. Revised Electricity Center Location Plan.

Article 2. Subjects of application

This Circular shall apply to entities or individuals involved in formulating, assessing and approving:

1. Electricity Center Location Plan.

2. Revised Electricity Center Location Plan.

Chapter II

CONTENT REQUIREMENTS, PROCESSES AND PROCEDURES FOR FORMULATION, ASSESSMENT AND APPROVAL OF THE LOCATION PLAN FOR CONSTRUCTION OF THE ELECTRICITY CENTER

Article 3. Content and documentation requirements for the Electricity Center Location Plan

The Electricity Center Location Plan represents the following main contents:

1. Legal document requirements for formulation of the Electricity Center Location Plan:

a) Legal premises for such plan formulation: The letter of delegation of the task of formulating the Electricity Center Location Plan issued by a regulatory authority and other relevant plan approval decisions.

b) Written opinions issued by relevant Ministries or sectoral departments on the Electricity Center Location Plan and opinions issued by the People's Committee of the province where the Electricity Center construction site is located.

2. Socio-economic development reality and plan of the region affected by the Electricity Center Location Plan:

a) Population size, population and socio-economic characteristics.

b) Reality and plan for development of fundamental facilities and installations.

c) Industry sector development reality and plan.

3. Reality and plan for development of the power system in the region:

a) Electrical load.

b) Power source.

c) Electrical grid.

4. Report on survey of natural conditions in the region that may have impacts on the Electricity Center Location Plan (enclosed herewith documents on report of survey on topographical, geological, meteorological and hydrographical conditions of the target region).

5. Designation of the location for construction of the Electricity Center:

a) At least two proposed alternatives for the location of the Electricity Center Location Plan. Provide in detail information about geographic name, capacity scale, occupied area of land, natural conditions, impacts on population and compatibility with any local plan.

b) Analysis and evaluation of each location in terms of its natural conditions; compatibility with the national electricity development plan, sectoral plan and local socio-economic development plan; relevance with respect to transportation and supply of fuels, environment, supply of fresh water, supply and discharge of cooling water, connection to the system; production and supply of building materials; satisfaction of economic and technical requirements for development of projects inside the Electricity Center.

c) Selected location alternative, main parameters.

6. General floor plan and main technical solutions:

a) General floor plans of the Electricity Center, comparison between them and selected one. Clearly define acreage of land used for construction constituents (including area of land for permanent use or temporary use in construction projects, area of water surface used).

b) Number of generating sets, capacity, technology orientation and generating set configuration.

c) Estimate of fuel consumption demand of the Electricity Center. Analyze and select supply sources, categories and plans of transportation of fuels.

d) Estimate of the demand, analysis and selection of the plan for supply of fresh water.

dd) Estimate of the demand, analysis and selection of the plan for supply of cooling water, and the plan for discharge of used cooling water. Allow for dissipation of cooling water heat (where necessary), associated with the report on the cooling water supply plan.

e) Environmental protection actions likely to be taken in the building and operation stage. Draw up the tree planting plan. Calculate the amount of slag and lime; set the orientation towards production and use of slag or lime; compute the capacity of slag storage yard and storage duration of ash and slag.

g) Connection to the power system and electrical-work main solutions: voltage level for connection, number of outgoing feeders and floor plan of distribution yard (enclosed herewith the repot on the plan for connection to the national power system).

h) Internal and external transportation system of the Electricity Center (road, water transport and port system), and the report on implementation of the port construction plan (if the Electricity Center has a special-purpose port).

i) Preliminary information about main construction solutions: foundation treatment, ground elevation and engineering structure of construction projects.

k) Operational management and repair of the Electricity Center: proposed number of officers and employees in charge of operational and repair activities at the Electricity Center, location plan for construction of operational management and repair service facilities.

l) Shared facilities: demonstration of their necessity, zoning schemes, solutions to mitigating mutual impacts during the construction and operation process.

7. Report on site clearance, compensation and resettlement plan.

8. Anticipated investment staging, and progress of operation of generating sets or plants.

9. Preliminary determination of the investment outlay, socio-economic efficiency and intended investment type.

10. Conclusion and recommendations.

11. Main drawings, including:

a) Site or plot plan showing the geographical location of the proposed site for construction of the Electricity Center on the topographic map at scales of 1:10,000 or 1:25,000 (printed in colour).

b) General floor plan or facility layout drawing (shown on the topographical map at scales of 1:10,000 or 1:25,000, printed in colour on A0-sized paper sheet and clearly noting scales of these drawings) showing arrangement positions, numbered symbols of specific facilities in each project; coordinates, boundary lines and land coverage of main facilities, shared facilities of each power plant in the Electricity Center; tree and landscape layout.

c) Schematic diagrams of operating principles of mechanical systems, including fuel feeding, freshwater supply, cooling water supply systems, diagram of connection to electrical system, and process flowchart for treatment of emission (removal of dust and SO_x NO_x), treatment of wastewater, treatment and transportation of ash and slag.

d) Maps or layouts showing connection between the Electricity Center and the transportation network, power and water supply system, and initial measures to deal with overhead and underground crossings.

dd) Ground layout for construction activities in each project which agrees with the investment staging.

Detailed requirements of documentation of the Electricity Center Location Plan shall be similar to those given in the Appendix hereto appended.

Article 4. Processes and procedures for formulation of the Electricity Center Location Plan

1. Subject to the progress of implementation of the National Electricity Development Plan and power source development needs, the General Department of Energy shall recommend the Ministry of Industry and Trade:

a) to report to the Prime Minister to obtain his decision on formulation of the Electricity Center Location Plan with respect to the Electricity Center which has not been covered by the National Electricity Development Plan approved by the Prime Minister.

b) to make its decision on formulation of the Electricity Center Location Plan with respect to the Electricity Center which has already been covered in the National Electricity Development Plan but not been planned yet.

2. After a regulatory authority agrees on the policy for formulation of the Electricity Center Location Plan, the General Department of Energy shall comply with regulations on selection of a consulting entity meeting stipulated competency and expertise requirements for formulation of the Electricity Center Location Plan.

3. Within a duration of 06 months from the date of entry into force of a consultancy agreement on formulation of the Electricity Center Location Plan, the consulting entity shall have the burden of providing a complete set of documents on the Electricity Center Location Plan as referred to in Article 3 hereof and consistent with contents of the signed consultancy agreement in order to prepare a report for submission to the General Department of Energy for its assessment.

Article 5. Representation of documents on the Electricity Center Location Plan

1. The consulting entity authorized to formulate the Electricity Center Location Plan shall assume responsibility for submitting documents on the Electricity Center Location Plan to the General Department of Energy for its assessment.

2. Contents and number of documents on the Electricity Center Location Plan submitted for assessment purposes include:

a) Statement sheet for approval of the Electricity Center Location Plan: summary of main contents of the plan, summary of main contents of contributing opinions of local jurisdictions, relevant Ministries and sectoral departments, and recommendations.

b) Three (03) sets of a complete plan prescribed by Appendix hereto attached, enclosing a summary report.

c) One (01) CD recording all contents of the Electricity Center Location Plan.

3. Representation method: These documents must be submitted by post or directly to the head office of the General Department of Energy – the Ministry of Industry and Trade.

Article 6. Assessment and approval of the Electricity Center Location Plan

1. Assessing entity:

a) The General Department of Energy shall bear responsibility for assessing documents on the Electricity Center Location Plan.

b) Where necessary, the General Department of Energy shall be allowed to hire a consulting firm to assess these documents or invite an expert to assist in such assessment.

2. Assessment duration:

a) Within the permissible duration of 05 business days from the date of receipt of these documents, the General Department of Energy shall check adequacy and legitimacy of these documents. In case the submitted documents are not adequate and legitimate, the General Department of Energy shall request the consulting entity in writing to make any supplementation or revision.

b) Within the permissible duration of 07 business days from the date of receipt of the written request from the General Department of Energy, the consulting entity shall be responsible for providing additional documents in question, or documents which have been legalized upon request.

c) Within a duration of 30 business days from the date of receipt of all required documents, the General Department of Energy must complete its assessment task before submitting these documents to the Minister of Industry and Trade for his/her consideration and approval.

Article 7. Revisions of the Electricity Center Location Plan

The approved Electricity Center Location Plan will be revised only if one of the following situations occurs:

1. Change the plan for main fuel supplied to the power plant inside the Electricity Center, change technological approaches, or make any other necessary change that may result in change in:

a) Land coverage of projects and the Electricity Center.

b) General site or floor plan of the Electricity Center.

2. Increasing or decreasing adjustment to the equivalent capacity size of the smallest generating set inside the Electricity Center.

3. Change the location for construction of the Electricity Center.

Article 8. Authority to make a decision to revise the Electricity Center Location Plan

1. The Minister of Industry and Trade shall report to the Prime Minister to obtain his decision on revision of the Electricity Center Location Plan if the plan falls into situations covered by Clause 2 and 3 Article 7 hereof, which may change the scale and location of the Electricity Center in comparison with the National Electricity Development Plan approved by the Prime Minister.

2. The Minister of Industry and Trade shall make a decision on revision of the Electricity Center Location Plan if the plan falls into situations covered by Clause 1 of this Article.

Article 9. Contents of application documents for revision of the Electricity Center Location Plan

Application documents for revision of the Electricity Center Location Plan include the following main contents:

1. Legal bases and necessity of revision of the Electricity Center Location Plan.

2. Progress of implementation of the Electricity Center Location Plan.

3. Revised contents and plan for revision of the Electricity Center Location Plan:

a) Revise the contents of the Electricity Center Location Plan in comparison with the approved one.

b) Compare and decide on the plan for revision of the Electricity Center Location Plan.

c) Put forward the plan for implementation of the revised Electricity Center Location Plan.

4. Assess impacts of the revised Electricity Center Location Plan on investment, construction and operation of projects inside the Electricity Center; on the construction site of the Electricity Center.

5. Written opinions issued by provincial-level People’s Committees, Ministries or sectoral departments involved in application documents for revision of the Electricity Center Location Plan (where applicable).

6. Drawings, special reports and computations relating to revised contents of the Electricity Center Location Plan.

7. Conclusion and recommendations.

Article 10. Processes and procedures for formulation, assessment and approval of revised contents of the Electricity Center Location Plan

1. Select the consulting entity for providing consultancy services for revision of the Electricity Center Location Plan.

After a regulatory authority agrees on the policy for revision of the Electricity Center Location Plan, the General Department of Energy shall perform regulatory procedures for, or report to the Minister of Industry and Trade to authorize the investor in the thermal power plant inside the Electricity Center on, selection of the consulting entity providing consultancy services for revision of the Electricity Center Location Plan.

2. Within the permissible duration of 06 months from the date of entry into force of a consultancy agreement on revision of the Electricity Center Location Plan, the consulting entity shall have the burden of completing preparation and representation of application documents for revision of the Electricity Center Location Plan for its assessment.

3. Contents and number of application documents for revision of the Electricity Center Location Plan submitted for assessment and approval purposes include:

a) Statement sheet for approval of the Electricity Center Location Plan: summary of main contents of the revised plan, summary of main contents of opinions of relevant Ministries, sectoral departments or authorities (if any), and recommendations.

b) Three (03) sets of application documents for revision of the Electricity Center Location Plan, referred to in Article 9 hereof, enclosing the summary report.

c) One (01) CD recording all revised contents of the Electricity Center Location Plan.

d) Representation method: These documents must be submitted by post or directly to the head office of the General Department of Energy – the Ministry of Industry and Trade.

4. Within the permissible duration of 05 business days from the date of receipt of application documents for revision of the Electricity Center Location Plan, the General Department of Energy shall check adequacy and validity of these documents. In case the submitted documents are inadequate or invalid, the General Department of Energy shall request the consulting entity in writing to make any supplementation or revision where appropriate.

5. Within the permissible duration of 07 business days from the date of receipt of the written request from the General Department of Energy for such supplementation or revision of these documents, the consulting entity shall be responsible for providing additional documents in question, or documents which have been legalized upon request.

6. Within the permissible duration of 30 business days from the date of receipt of all required documents, the General Department of Energy must assess and submit to the Minister of Industry and Trade for its approval of the revised Electricity Center Location Plan.

Article 11. Costs of formulation, assessment and approval of the Electricity Center Location Plan

1. Costs of formulation, assessment and approval of the Electricity Center Location Plan (both newly-formulated and revised one) shall be composed of the followings:

a) Costs incurred during the process of selecting the consulting entity for formulation of the Electricity Center Location Plan, subject to applicable laws and regulations.

b) Costs incurred from hiring of the consulting entity for initial formulation or revision of the Electricity Center Location Plan.

c) Costs of hiring of a consulting entity for assessment or hiring of an expert assisting in assessment of the Electricity Center Location Plan (if any).

2. Costs of formulation, assessment and approval of the Electricity Center Location Plan (including newly-formulated and revised one) which are calculated in compliance with applicable laws on cost limits or budget estimates.

Article 12. Funding source for formulation, assessment and approval of the Electricity Center Location Plan

1. Costs of formulation, assessment and approval of the Electricity Center Location Plan (newly-formulated) covered by Article 11 hereof shall be derived from the following funding sources:

a) The State Budget’s annual appropriations subject to the plan of the Ministry of Industry and Trade.

b) Expenditure financed by investors authorized by a regulatory authority to execute a project or a consulting entity for formulation of the Electricity Center Location Plan which will be reimbursed by the State Budget or charged on total investment in execution of the first project inside the Electricity Center under the decision of the Minister of Industry and Trade.

c) Finances provided by domestic and foreign entities for formulation of the Electricity Center Location Plan under applicable laws and regulations.

2. Financing sources for revision of the Electricity Center Location Plan shall vary in specific circumstances subject to the decision granted by the Minister of Industry and Trade.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Initiation and administration of the Electricity Center Location Plan

1. The General Department of Energy shall assume the following responsibilities:

a) Monitor and inspect implementation of the Electricity Center Location Plan (newly-formulated and revised one) which has already been approved.

b) Act as the focal point assisting the Ministry of Industry and Trade in providing guidance on or directing implementation of projects built inside the Electricity Center.

c) Head or collaborate with the People’s Committees of cities or provinces where the Electricity Centers are located in public notice of the approved Electricity Center Location Plan (newly-formulated and revised one).

2. Investors in electrical or infrastructure projects built inside the Electricity Center (if any) shall bear the following responsibilities:

a) Carry out investment and construction activities according to assigned tasks and in compliance with the approved Electricity Center Location Plan.

b) Report to the Ministry of Industry and Trade on execution of their own projects built inside the Electricity Center upon request.

Article 14. Effect and implementation

1. This Circular shall enter into force from January 5, 2015.

2. The Decision No. 006/2007/QD-BCT dated October 17, 2007 of the Minister of Industry and Trade providing for content requirements, processes and procedures for formulation, assessment and approval of the Location Plan for Construction of the Electricity Center shall be repealed from the date of entry into force of this Circular.

3. In the course of implementation of this Circular, if there is any difficulty or new content that arises, entities or individuals concerned shall be advised to send their feedbacks to the General Department of Energy for its further study, guidance or its representation to the Ministry of Industry and Trade for its modification of this Circular./.

APPENDIX

COMPOSITION AND CONTENTS OF THE LOCATION PLAN FOR CONSTRUCTION OF THE ELECTRICITY CENTER
(appended to the Circular No. 43/2014/TT-BCT dated November 19, 2014 of the Minister of Industry and Trade)

The Electricity Center Location Plan is composed of the followings:

Document 1: Demonstration of the Electricity Center Location Plan and related legal documents

Document 2. Drawing of the Electricity Center Location Plan

Document 3: Computation appendices

Document 4: Special reports

Demonstration of the Electricity Center Location Plan and special reports include the following detailed contents:

I. CONTENTS OF DEMONSTRATION OF THE LOCATION PLAN FOR CONSTRUCTION OF THE ELECTRICITY CENTER

Chapter I. GENERAL DISCUSSION

1. Composition of documents

2. Main contents of the plan

3. Legal grounds for formulation of the plan

4. Significance of the Electricity Center Location Plan.

5. Capacity scale, technology and progress of projects inside the Electricity Center

6. Description of current conditions of the planned site

7. Supply of fuels and other materials

8. Primary calculation of the investment outlay and investment form

9. Conclusion

CHAPTER 2. REALITY AND DEVELOPMENTAL ORIENTATION OF THE PLANNED AREA

1. Overview

2. Socio-economic development reality and orientation of the planned area for construction of the Electricity Center

3. Industrial development reality and orientation of the planned area

4. Reality and orientation of the infrastructure plan for the planned area

5. Conclusion

CHAPTER 3. NECESSITY, CAPACITY SCALE AND ESTABLISHMENT TIME

1. Reality of the Vietnamese electricity system. Electricity system regionalisation

2. Forecast of power consumption demands

3. National and regional power source planning

4. National and regional electrical grid planning

5. Scale and time of establishment of thermal power plants inside the Electricity Center

6. Conclusion

CHAPTER 4. DESIGNATION OF THE LOCATION FOR CONSTRUCTION OF THE ELECTRICITY CENTER

1. Process for surveying and assessing selection of the planned location

2. Location alternatives

3. Description of natural conditions of planned sites

4. Analysis, comparison and selection of the location planned for construction of the Electricity Center

5. Conclusion and recommendations

CHAPTER 5. FUEL SUPPLY

1. Analyze and select categories and main supply sources of fuels

2. Fuel consumption demand of the Electricity Center

3. Plan to transport fuels to the Electricity Center

4. Fuel price forecast

5. Conclusion

CHAPTER 6. WATER SUPPLY

1. Water supply reality and plan for the planned area

2. Demand and plan for supply for freshwater

3. Demand and plan for supply of cooling water for the Electricity Center

CHAPTER 7. MAIN TECHNICAL SOLUTIONS

1. Overview

2. Orientation towards selection of technology

3. Technical orientation of main equipment

4. Technical orientation of auxiliary equipment

5. Preliminary information about engineering and architectural-work technical solutions

6. Slag storage yard and method for treating and using ash and slag

CHAPTER 8. GENERAL FLOOR PLAN OF THE ELECTRICITY CENTER

1. Overview

2. Technical conditions of the planned location

3. General floor plans of the Electricity Center

4. General floor planning for the selected plan

5. Zoning of areas for operations officers and employees

6. Zoning of areas for resettlement

CHAPTER 9. ANTICIPATION AND SELECTION OF CONNECTION PLAN

1. Plans for connection of the Electricity Center to the electricity system

2. Analysis of possible impacts of the Electricity Center on the electricity system, and mitigation actions

3. Comparison and selection of the plan for connection of the Electricity Center to the national electricity system

4. Scale of investment in construction of connection facilities, and investment staging

CHAPTER 10. TRANSPORTATION PLANNING

1. Overview

2. Transportation of main fuels

3. Transportation of auxiliary fuels

4. Transportation of oversize and overmass equipment

5. Transportation of building materials

CHAPTER 11. ENVIRONMENTAL PROTECTION

1. Current environmental conditions of the planned area

2. Environmental impacts

3. Environmental mitigation and control measures

CHAPTER 12. PRE-CONSTRUCTION ACTIVITIES

1. General characteristics

2. Preliminary calculation of amount of main building materials

3. Zoning of the construction site

4. Method for making arrangement for construction of main construction facilities

5. Plan for supply of water and electricity for construction purposes

6. Proposed equipment and workforce for construction activities

7. Construction progress

CHAPTER 13. PRIMARY CALCULATION OF THE INVESTMENT OUTLAY AND INVESTMENT FORM

1. Estimate of the investment outlay

2. Analysis and recommendation of investment forms for power generating plants

CHAPTER 14. PRELIMINARY ANALYSIS OF SOCIO-ECONOMIC EFFICIENCY

1. Input data

2. Analysis of economic efficiency

3. Analysis of financial efficiency

4. Conclusion

CHAPTER 15. CONCLUSION AND RECOMMENDATIONS

1. Conclusion

2. Recommendations

II. CONTENTS OF SPECIAL REPORTS

Subject to specific features of each Electricity Center, special reports are classified into the followings:

1. SURVEY REPORT:

Survey and assessment data on geographical, geological, meteorological and hydrographical conditions of the planned area for construction of the Electricity Center.

2. REPORT ON CAPACITY TO SUPPLY AND PLAN TO TRANSPORT FUELS

a) Fuels supplied to the Electricity Center, including:

- Main fuels used for power generation.

- Auxiliary fuels.

b) Main report contents, including

- Fuel consumption demands of the Electricity Center

- Analysis and selection of fuel sources and plan for transportation of fuels to the Electricity Center.

3. REPORT ON THE PLAN FOR CONSTRUCTION OF PORT TERMINAL

- Forecast of volume of goods transported to the Electricity Center in the construction and operation stage.

- Floor plan of the port terminal.

- Scale and content of main construction items.

4. REORT ON CONNECTION OF THE ELECTRICITY CENTER TO THE NATIONAL ELECTRICITY SYSTEM

- Reality and plan for development of regional and national power source and grid.

- Forecast of power consumption demands.

- Main connection plans and main parameters.

- Results of calculation of capacity trends, calculation of max or min short-circuit current, outage contingency n-1; calculation of stability for plans.

- Calculation of stability.

- Impacts on the electricity system and mitigation actions.

- Connection plan selection.

- Construction content of connecting power grid and investment staging.

5. REPORT ON SITE CLEARANCE, COMPENSATION AND RESETTLEMENT PLAN

- Data on survey or assessment of current conditions of facilities and affected population

- Encouragement policies and site clearance, compensation and resettlement plans.

- Zoning of resettlement area: location, land size, current status, number of households, number of inhabitants and solutions to meeting fundamental facility requirements.

6. REPORT ON FRESHWATER SUPPLY PLAN

- Calculation of freshwater demands of the Electricity Center.

- Survey and assessment of reserves of freshwater sources in the planned area.

- Calculation of water balance.

- Analysis and comparison for selection of the plan for supply of fresh water to the Electricity Center.

7. REPORT ON COOLING WATER SUPPLY PLAN

- Calculation of cooling water demand of the Electricity Center

- Survey and assessment of conditions of supply of cooling water to the Electricity Center.

- Calculation of dissipation of heat emitted from cooling water use and assessment of impacts on environment and input cooling water.