Thông tư 09/2015/TT-BCT

CIRCULAR

PROVIDING THE ORDER AND PROCEDURES FOR APPROVING POLICIES ON INTER-COUNTRY ELECTRICITY TRADING

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

Pursuant to the December 3, 2004 Electricity Law and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Electricity Law;

Pursuant to the Government’s Decree No. 137/2013/ND-CP of October 21, 2013, detailing a number of articles of the Electricity Law and the Law Amending and Supplementing a Number of Articles of the Electricity Law;

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

The Minister of Industry and Trade promulgates the Circular providing the order and procedures for approving policies on inter-country electricity trading.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Circular provides dossiers of request and procedures for case-by- case appraisal and approval of policies on inter-country electricity trading under electricity import or export projects.

2. This Circular does not apply to cases in which electricity users in border areas directly purchase electricity from foreign countries as prescribed in Clause 2, Article 22 of the Government’s Decree No. 137/2013/ND-CP of October 21, 2013, detailing a number of articles of the Electricity Law and the Law Amending and Supplementing a Number of Articles of the Electricity Law.

Article 2. Subjects of application

This Circular applies to:

1. The Vietnam Electricity.

2. Electricity units having obtained electricity import or export licenses.

Article 3. General requirements

1. Inter-country electricity trading under electricity import or export projects shall be approved on a case-by-case basis by competent authorities before implementation.

2. An electricity import or export project’s plan on inter-country electricity trading must be consistent with the approved master plan on electricity development or the plan on development of the regional power grid serving the connection of power grids between the two countries approved or revised by a competent authority; ensure security and safety in electricity supply to the national power system as well as electricity supply in the locality concerned.

3. In case an electricity unit uses the power grid managed by another electricity unit to conduct inter-country electricity trading, the latter’s written agreement is required.

Chapter II

ORDER OF APPRAISING AND APPROVING POLICIES ON INTER-COUNTRY ELECTRICITY TRADING

Article 4. Dossiers of request for approval of policies on inter-country electricity trading

1. A dossier of request for approval of policies on inter-country electricity trading under an electricity import or export project must comprise:

a/ A written request for approval of policies on inter-country electricity trading;

b/ A copy of the foreign partner’s written request for electricity purchase or written agreement on electricity sale;

c/ A copy of the written agreement with another power grid-managing unit, for the case prescribed in Clause 3, Article 3 of this Circular;

d/ The project’s plan on inter-country electricity trading, covering:

- Brief description of the current conditions of the power grids in the area of connection between the two countries;

- Electricity demand (output, electric power, annual load diagram, typical day) of the electricity purchase or sale project in each year during the planning period of the approved national or provincial-level electricity development master plan;

- A plan on power grid connection between the power systems of Vietnam and the foreign country serving electricity supply under the project, covering:

+ A copy of the plan on development of the regional power grid to serve the connection between the two countries, which has already been approved or revised by a competent authority;

+ The power grid connection plan, including the following contents: output, electric power; projected time of electricity purchase or sale; to-be connected power grid and connection point; places for installing electricity meters; voltage; and geographic map and connection diagram of the regional power grids showing the plan on electricity sale or purchase under the project;

- For electricity import or export projects connecting to power grids at 110kV or a higher voltage: analysis of, and preliminary selection of technologies and techniques for, the power grid connection plan; ground clearance and resettlement plan (if any), the project’s impacts regarding the eco-environment, fire and explosion prevention and fighting, and security and defense (if any);

- The form of investment, preliminary determination of construction volume, total investment level, project implementation duration, and plan on fund raising based on the project’s implementation progress and socio- economic efficiency and investment capital phasing of the Vietnamese party, if any;

- Recommendations and implementation solutions.

2. Number of dossier sets: 5 (five).

Article 5. Order of appraising and approving policies on inter-country electricity trading

1. The Vietnam Electricity shall elaborate and directly submit the dossier prescribed in Article 4 of this Circular to the Electricity Regulatory Authority of Vietnam for appraisal.

2. In case of the dossier invalid, within 5 working days after receiving it, the Electricity Regulatory Authority of Vietnam shall notify the Vietnam Electricity in writing for dossier supplementation.

3. Within 10 working days after receiving a complete and valid dossier, the Electricity Regulatory Authority of Vietnam shall:

a/ Assume the prime responsibility for organizing the appraisal of the dossier;

b/ Consult in writing the following agencies and units on the plan on inter-country electricity trading:

- Related ministries and sectors, for electricity import or export projects connecting to power grids at 220kV or a higher voltage;

- Related electricity units, for electricity import or export projects connecting to power grids at a voltage of under 220kV;

c/ Request the Vietnam Electricity to provide feedback about appraisal opinions or organize a field assessment for the appraising unit, when necessary.

4. Within 15 working days after the deadline for consulting related ministries, sectors and electricity units on the inter-country electricity trading plan, the Electricity Regulatory Authority of Vietnam shall complete the appraisal report and submit it to the Minister of Industry and Trade for consideration and:

a/ Submission to the Prime Minister for approval, for electricity import or export projects connecting to power grids at 220kV or a higher voltage;

b/ Approval, for electricity import or export projects connecting to power grids at a voltage of under 220kV.

Chapter III

ORGANIZATION OF IMPLEMENTATION

Article 6. Organization of implementation

1. The Electricity Regulatory Authority of Vietnam shall disseminate, guide and examine the implementation of this Circular.

2. The Vietnam Electricity shall direct its attached units in implementing this Circular.

Article 7. Effect

1. This Circular takes effect on July 10, 2015. The Minister of Industry and Trade’s Circular No. 11/2008/TT-BCT of October 22, 2008, guiding the order and procedures for inter-country electricity trading ceases to be effective from the effective date of this Circular.

2. Any problem arising in the course of implementation should be reported to the Electricity Regulatory Authority of Vietnam for study and submission to the Minister of Industry and Trade for supplementation and amendment as appropriate.-