Thông tư 10/2015/TT-BCT

Circular No. 10/2015/TT-BCT dated 29 May, 2015, providing for order and procedures for issue, revocation and duration of electricity activity permit

Circular No. 10/2015/TT-BCT issue revocation and duration of electricity activity permit đã được thay thế bởi Circular 12/2017/TT-BCT procedures issuance revocation of electricity operating licenses và được áp dụng kể từ ngày 14/09/2017.

Nội dung toàn văn Circular No. 10/2015/TT-BCT issue revocation and duration of electricity activity permit


MINISTRY OF INDUSTRY AND TRADE
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

No.: 10/2015/TT-BCT

Hanoi, 29 May 2015

 

CIRCULAR

PROVIDING FOR ORDER AND PROCEDURES FOR ISSUE, REVOCATION AND DURATION OF ELECTRICITY ACTIVITY PERMIT

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

Pursuant to the Electricity Law dated 03 December 2004 and the Law amending and supplementing a number of articles of the Electricity Law dated 20 November 2012;

Pursuant to the Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing a number of articles of the Electricity Law;

At the request of Director of Electricity Regulatory Authority,

The Ministry of Industry and Trade issues this Circular providing for order and procedures for issue, revocation and duration of electricity activity permit.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for order and procedures for issue, revocation of electricity activity permit; duration and forms of electricity activity permit.

Article 2. Subjects of application

This Circular applies to all organizations and individuals involved in areas of electricity activity as follows:

1. Specialized electricity consultation, including:

a) Consultation of national electricity development planning; consultation of electricity development planning of provinces and centrally-run cities and consultation of hydroelectric planning;

b) Consultation of investment in power the Plant, transmission line and substation building projects;

c) Consultation of performance supervision of power the Plant, transmission line and substation projects;

2. Electricity generation

3. Electricity transmission.

4. Electricity distribution

5. Electricity wholesaling.

6. Electricity retailing

7. Electricity import and export.

Article 3. Case of exemption from electricity activity permit

1. Generating electricity for self use without sale to other organizations and individuals.

2. Generating electricity with installed capacity of less than 50 kW for selling electricity to other organizations and individuals.

3. Carrying on electricity trading in rural, mountainous areas or islands, buying electricity with capacity of less than 50 kVA from the power distribution grid for selling electricity directly to customers in rural, mountainous areas or islands.

4. Dispatching the national electricity system and operating the transations of electricity market.

Article 4. Principles of issue of electricity activity permit

1. The electricity activity permit shall be issued to only organizations or individuals that meet the conditions for each area specified in Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law and compliance with the provisions in this Circular.

2. The electricity activity permit is issued to organizations or individuals in order to implement one or more electricity activity areas such as: specialized electricity consultation, electricity transmission, distribution, wholesaling, retailing, import and export.

3. Before the stage of competitive electricity retailing market, the electricity activity permit of retailing area is issued simultaneously with electricity distribution area.

4. The electricity activity permit is issued to organizations for implementation of electricity generation for each power the Plant.

Article 5. Principles of revocation of electricity activity permit

1. The electricity activity permit shall be revoked in the following cases:

a) The electricity units that violate Article 37 of the Electricity Law;

b) The electricity units has a need of stopping operation or transferring the licensed operation to other units;

c) When there is a request from the competent state authorities due to the violation of relevant regulations of law of electricity units.

2. The electricity activity permit is revoked as per each area and scope of activity.

3. The licensing organ (referred to as licensing organ) has the authority to revoke it under its authority.

Article 6. Duration of electricity activity permit

The electricity activity permit is issued with different durations for each area of electricity activity based on scope of activity, type of electricity works, registered duration, capacity and professional level of the electricity operating unit but must not exceed the prescribed duration specified in the following Table:

No.

Areas of electricity activity

Maxium duration of Permit

1.

Specialized electricty consultation

05 years

2.

Electricity generation

 

a)

Large power plants with particularly important meaning on economy, society, national defense and security as per the list approved by the Prime Minister.

20 years

b)

Power plants not included in the list of large power plant with particularly important meaning on economy, society, national defense and security as per the list approved by the Prime Minister.

10 years

3.

Electricity transmission

20 years

4.

Electricity distribution

10 years

5.

Electricity wholesaling and retailing

10 years

6.

Electricity import and export

10 years

Article 7. Scope of activity of electricity activity Permit

1. The specialized electricity consultation Permit has its nation-wide scope of activity.

2. The electricity activity Permit has its scope of activity for each power the Plant.

3. The electricity transmission and distribution Permit has its scope of activity within the specific management and operation of power grid.

4. The electricity retailing and wholesaling Permit has its scope of activity within a specific administrative boundary.

5. The electricity import and export Permit has its scope of activity within a specific power delivery point.

Article 8. Fees for appraisal and issue of the electricity activity Permit

1. Organizations and individuals that are issued with the electricity activity Permit shall pay fees for appraisal and issue of the electricity activity Permit as prescribed by law.

2. The licensing organ may use the fees for issue of the electricity activity Permit for appraisal, issue of Permit, inspection and management of use of electricity activity Permit. The collection, payment and use of fees for appraisal and issue of the electricity activity Permit must comply with regulations of law.

Chapter II

DOSSIER FOR ISSUE OF ELECTRICITY ACTIVITY PERMIT

Article 9. Dossier for issue of specialized electricity consultation Permit

1. A written request for issue of the electricity activity Permit is done the Form No.01 specified in the Annex issued with this Circular.

2. A copy of Certificate of enterprise registration, establishment Decision or establishment Certificate of the organization requesting the issue of Permit.

3. List of managerial staff and main consultants is under the Form 7a specified in the Annex issued with this Circular; a certified copy of graduation diploma or certificate of practice and signed labor contract of the persons named in the list with consulting organization.

4. List of projects with similar scale has been done by the consulting organization or main consultants.

5. List of technical equipment and means and applied softwares used for consultation ensure the requirements for consultation activity.

6. In case of change of name, address of head office of the unit issued with Permit, the dossier includes only the contents specified in Clause 1 and 2 of this Article.

Article 10. Dossier for issue of electricity generation Permit

1. A written request for issue of the electricity activity Permit is done the Form No.01 specified in the Annex issued with this Circular.

2. A copy of Certificate of enterprise registration of the organization requesting the issue of Permit.

3. The list of direct technical management staff, team of shift heads of power Plant under the Form 7b in the Annex issued with this Circular; a copy of graduation diploma and operation certificate issued by the dispatching level with control right to the persons named in the list as per the dispatching Procedures of national electricity system issued by the Ministry of Industry and Trade.

4. A copy of Decision approving the investment project of power the Plant from the competent authorities.

5. A copy of Decision approving the Report on assessment of impact on environment or the written certification of environmental protection Plan of power the Plant investment project of the competent authorities.

6. A of electricity sale Contract.

7. The list of equipment with strict requirements on labour safety and commitment of project owner to fully comply with regulations of law in using equipment with strict requirements on labour safety.

8. A certified copy of document on ensuring the fire prevention and fighting conditions as prescribed by law.

9. A copy of decision approving the reservoir operation Procedures of the competent authorities (for hydroelectric the Plants).

10. A copy of acceptance record of information technology and telecommunications infrastructure system and the acceptance record of completion of signal connection to SCADA/EMS, SCADA/DMS system of dispatching level with control right for proper operation of electricity system and electricity market.

11. A copy of acceptance record of hydroelectric dam and energy route; registration for dam safety sent to the competent authorities; plan for dam safety assurance and dam downstream areas as prescribed by law; report on result of dam inspection (for hydroelectric dams to be periodically inspected).

12. A copy of final acceptance record or written certification ensuring the commercial operation conditions for each generating unit.

13. A copy of procedure for coordinated operation of power the Plant with the dispatching Unit of electricity system.

14. In case of change of name, address of head office of the unit issued with Permit, the dossier includes only the contents specified in Clause 1 and 2 of this Article.

Article 11. Dossier for issue of electricity transmission and distribution Permit

1. A written request for issue of the electricity activity Permit is done the Form No.01 specified in the Annex issued with this Circular.

2. A copy of Certificate of enterprise registration, establishment Decision or establishment Certificate of the organization requesting the issue of Permit.

3. The list of direct technical management staff, team of operational shift heads under the Form 7b in the Annex issued with this Circular; a copy of graduation diploma and operation certificate issued by the dispatching level with control right to the persons named in the list as per the dispatching Procedures of national electricity system issued by the Ministry of Industry and Trade.

4. The List of main power grid works items which the organization is managing and operating or prepares the receipt under the decision of the competent authorities.

5. A certified copy of document on ensuring the fire prevention and fighting conditions as prescribed by law.

6. A copy of connection Agreement or connection Contract.

7. A map of power grid boundary and scope of activity.

8. In case of change of name, address of head office of the unit issued with Permit, the dossier includes only the contents specified in Clause 1 and 2 of this Article.

Article 12. Dossier for issue of electricity wholesaling and retailing Permit

1. A written request for issue of the electricity activity Permit is done the Form No.01 specified in the Annex issued with this Circular.

2. A copy of Certificate of enterprise registration, establishment Decision or establishment Certificate of the organization or individual requesting the issue of Permit.

3. List of managerial staff under the Form 7a specified in the Annex issued with this Circular; a copy of graduation diploma or graduation certificate of the persons named in the list.

4. In case of change of name, address of head office of the unit issued with Permit, the dossier includes only the contents specified in Clause 1 and 2 of this Article.

Article 13. Dossier for issue of electricity import and export Permit

1. A written request for electricity activity Permit is under the Form No.01 specified in the Annex attached to this Circular.

2. A copy of Certificate of enterprise registration of the unit requesting the issue of Permit.

3. A copy of Decision approving the policy on electricity sale with foreign countries, the approved power grid connection plan for electricity sale with foreign countries;

4. A copy of electricity import and export contract or a copy of written request for electricity purchase or electricity sale approval from foreign country.

5. Diagram of power grid principles concerning the electricity sale points and procedures for coordinated operation and processing of power grid events between the electricity buyer and the seller (if any).

6. A certified copy of document of prescribed implementation of regulations on fire prevention and fighting at the substations.

7. In case of change of name, address of head office of the unit issued with Permit, the dossier includes only the contents specified in Clause 1 and 2 of this Article.

Chapter III

ORDER AND PROCEDURES FOR ISSUE AND REVOCATION OF ELECTRICITY ACTIVITY PERMIT

Article 14. Order and procedures for issue of electricity activity permit

1. The organizations and individuals requesting the issue of electricity activity Permit shall send 01 set of dossier as prescribed in the provisions in Chapter II of this Circular to the licensing organ and shall take the responsibility for the accuracy and honest of dossier for issue of Permit. The dossier can be sent directly or by post or online via the website of licensing organ (if any).

2. Within 03 working days after the receipt of dossier requesting the issue of electricity activity Permit, the licensing organ shall notify in writing the organizations or individuals requesting the issue of Permit if their dossiers are not complete or valid. The written notice must state the reasons and requires the supplementation or medication of data, documents and other relevant information for completion of dossier.

3. Within 05 working days after the receipt of requirements for supplementation and modification of data, documents and relevant information from the licensing organ, the organizations or individuals requesting the issue of electricity activity Permit have to supplement or modify such data, documents and relevant information and send their written feedback.

If within 60 days from the date the licensing organ sends its written notice of supplementation and modification but the organizations or individuals requesting the issue of electricity activity Permit do not supplement their dossiers and reply in writing, the licensing organ has the right to return the dossier for issue of electricity activity Permit.

4. Within 15 working days after the receipt of complete and valid dossiers, the licensing organ shall verify such dossiers, inspect at the head office of organizations or individuals (if necessary) and issue the electricity activity Permit.

5. During the verification of dossier and actual inspection, if the organizations or individuals do not satisfy the prescribed conditions, the organ issuing the Permit shall require such organizations or individuals to supplement the conditions or refuse to issue the Permit stating the reasons.

6. The issued electricity activity Permit includes 03 originals: 01 delivered to the issued unit; 02 kept at the organ issuing the Permit.

7. Order and procedures for issue of Permit are applied as follows:

a) For dossiers sent directly or by post: Apply the provisions in Clause 2, 3, 4, 5 and 6 of this Article;

b) For dossiers sent via the website of the Electricity Regulatory Authority: comply with instructions of the Electricity Regulatory Authority;

c) The People’s Committee of provinces and centrally-run cities shall provide instructions on issue of Permit under their authority in the online form (if any) in accordance with the provisions in this Circular.

8. Within 60 days prior to the expiration of electricity activity Permit, if the electricity units issued with the Permit wish to continue their operation, they must prepare dossiers to request the issue of electricity activity Permit as prescribed in Clause 1 of this Article and comply with the prescribed order and procedures for issue of electricity activity Permit .

Article 15. Order of revocation of electricity activity Permit

1. Order of decision on revocation of electricity activity Permit

a) Where the electricity unit violates the Article 37 of the Electricity Law and the organ issuing the sanctioning decision is the licensing organ, such organ shall issue a decision on revocation of Permit and sanctioning decision.

b) Where the electricity unit violates the Article 37 of the Electricity Law and the organ issuing the sanctioning decision is not the licensing organ, such organ shall issue a decision on revocation of Permit with definite time specified in the sanctioning decision. In case of no revocation, it shall give a written feedback (stating reasons) to the person issuing the sanctioning decision;

c) Where the electricity unit has a need to stop operation or transfer the licensed operation to other organizations or individuals, within 30 working days after receiving the written request of the electricity unit or request of the competent authorities and relevant documents, the licensing organ shall issue the decision on revocation of Permit.

2. Within 02 working days after the decision on revocation of Permit, the licensing organ shall send the revocation decision to the unit having the revoked permit and other relevant units and publicize the revocation information on the website of the licensing organ.

3. Where the Permit is revoked as per each operation area or scope, the licensing organ shall require the electricity unit to carry out the order and procedures for issue of Permit in accordance with the revocation decision as per each operation area or scope.

4. Where the electricity unit violates the provisions in Clause 7, Article 18 of this Circular, the licensing organ has the right to issue the revocation decision and publicize the revocation information on its website.

Chapter IV

AUTHORITY TO ISSUE AND MANAGE THE USE OF ELECTRICITY ACTIVITY PERMIT

Article 16. Authority to issue the electricity activity Permit

1. The Ministry of Industry and Trade shall issue the electricity activity Permit for the following areas:

a) Electricity generation for large power the Plant with particularly important meaning on economy, society, national defense and security as per the list approved by the Prime Minister.

b) Electricity transmission;

c) Electricity import and export;

2. The Electricity Regulatory Authority shall issue the electricity activity Permit for the following areas:

a) Electricity generation of power plant with capacity from 03 MW or more not subject to the case specified under Point a, Clause 1 of this Article;

b) Electricity distribution;

c) Electricity wholesaling;

d) Electricity retailing;

dd) Specialized electricity consultation.

3. The People’s Committee of provinces and centrally-run cities shall issue or authorize the Department of Industry and Trade to issue the electricity activity Permit for the following areas:

a) Electricity generating of power plant with capacity of less than 03 MW located at localities;

b) Electricity distribution to the voltage of 35 kV at localities;

c) Electricity retailing up to the voltage of 0.4 kV at localities;

d) Specialized electricity consultation, including:

- Consultation of building of transmission line and substation up to the voltage of 35 kV and enterprise registration at localities;

- Consultation and performance supervision of transmission line and substation up to the voltage of 35 kV and enterprise registration at localities;

4. Where the organizations or individuals request the issue of Permit for many activities in the area of specialized electricity consultation, in which there is at least one activity under the authority of the Electricity Regulatory Authority, the electricity activity Permit shall be issued by the Electricity Regulatory Authority.

Article 17. Responsibility of licensing organ

1. Receives, appraises, inspects and manages dossiers for issue of electricity activity Permit; provides instructions for organizations and individuals requesting the issue of Permit to comply with the contents, order and procedures for issue of Permit.

2. Deals with complaints about electricity activity Permit under its authority.

3. Inspects and monitors the maintenance of conditions in the electricity activity Permit;

4. Revokes the electricity activity Permit under its authority as per the order specified in Article 15 of this Circular.

5. Asks the competent authorities to impose sanction against the electricity unit which violates the regulations of law.

Article 18. Responsibility of electricity unit issued with electricity activity Permit

1. Carries out the electricity activity in accordance with the contents specified in the Permit.

2. Requests the issue of Permit in case of change of name, address of head office, type of operation, scope of activity and duration of Permit;

3. Maintains the electricity activities registered and licensed during the time of operation.

4. Complies with relevant regulations of law.

5. Makes all fees and charges related to the electricity activity Permit as prescribed by law.

6. Makes report to the licensing organ within 60 days prior to the day of Stop of electricity activity or transfer of electricity activity.

7. Makes report to the licensing organ within 30 days from the date of change of address of head office specified in the electricity activity Permit.

8. Has no right to lend, borrow or modify the contents of electricity activity Permit.

9. Is subject to inspection and complies with the handling decision of the competent state authorities on the use of Permit and registered activities conditions.

10. Before 01 March annually, makes report to the licensing organ on the maintenance of operational conditions in the licensed area of the previous year under the Forms 8a, 8b, 8c and 8d specified in the Annex issued with this Circular.

Chapter V

IMPLEMENTATION

Article 19. Implementation of inspection

1. The Electricity Regulatory Authority shall inspect the implementation of this Circular nation-wide; deal with problems and recommend the contents to be reported to the Ministry of Industry and Trade for adjustment and supplementation of this Circular.

2. The People’s Committees of provinces and centrally-run cities shall inspect the implementation of this Circular within their management; deal with problems and recommend the contents to be reported to the Ministry of Industry and Trade for adjustment and supplementation of this Circular.

Article 20. Responsibility for implementation

1. The Electricity Regulatory Authority is the organ which receives and deals with procedures for verification of dossier for issue of electricity activity Permit and performs the order of revocation of Permit if such Permit is under the issue authority of the Electricity Regulatory Authority and the Ministry of Industry and Trade.

2. The Department of Industry and Trade shall receive and deal with procedures for verification of dossier for issue of electricity activity Permit and perform the order of revocation of Permit if such Permit is under the issue authority of the People’s Committees of provinces and centrally-run cities.

3. The units issued with electricity activity Permit shall send Electricity Regulatory Authority copy of issued Permit to the state management organ in area of electricity activity at localities for report within 30 days from the date of issue of Permit.

4. Before the 15th date of January annually, the Department of Industry and Trade shall report to the Ministry of Industry and Trade and the People’s Committees of provinces and centrally-run cities on the reality of issue and revocation of electricity activity Permit at localities of the previous year.

Article 21. Effect

1. This Circular takes effect from 12 July 2015. The Circular No. 25/2013/TT-BCT dated 29 October 2013 of the Minister of Industry and Trade stipulating the order and procedures for issue, modification, supplementation, revocation and duration of electricity activity Permit shall be invalidated from the effective date of this Circular.

2. The electricity activity Permits which have been issued under the provisions of Circular No. 25/2013/TT-BCT of the Minister of Industry and Trade stipulating the order and procedures for issue, modification, supplementation, revocation and duration of electricity activity Permit and Decision No. 32/2006/QD-BCN dated 06 September 2006 of the Minister of Industry stipulating the conditions, order and procedures for issue, modification, supplementation, revocation and management of use of electricity activity Permit, Decision No. 15/2008/QD-BCT dated 01 July 2008 of the Minister of Industry and Trade amending and supplementing some articles of Regulation on conditions, order and procedures for issue, modification, supplementation, revocation and management of use of electricity activity Permit issued with Decision No. 32/2006/QD-BCN dated 06 September 2006 of the Minister of Industry shall be valid as per the contents and duration specified in the Permit.

3. Any problem or difficulty arising during the implementation of this Circular should be promptly reported to the Electricity Regulatory Authority for study, recommendation and report to the Ministry of Industry and Trade for amendment or supplementation accordingly./.

 

 

 

FOR THE MINISTER
DEPUTY MINISTER




Hoang Quoc Vuong

 

ANNEX

FORMS OF PERMIT AND DOCUMENT IN LICENSING ACTIVITY
(Issued with Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, modification, supplementation, revocation and duration of electricity activity Permit)

NO.

SAMPLE NAME

Form 01

Request for issue of electricity activity permit

Form 2a

Permit issued by the Ministry of Industry and Trade

Form 2b

Permit issued by the Electricity Regulatory Authority

Form 2c

Permit issued by the provincial People’s Committee

Form 2d

Permit issued by the Department of Industry and Trade

Form 03

Annex of electricity activity Permit

Form 04

Annex of electricity transmission/distribution Permit

Form 05

Annex of electricity wholesaling/retailing/import or export Permit

Form 06

Annex of specialized electricity consultation Permit

Form 7a

List of managerial staff and main consultants of specialized electricity consultation

Form 7b

List of managerial staff

Form 8a

Report on maintaining conditions of electricity activity permit in area of electricity generation

Form 8b

Report on maintaining conditions of electricity activity Permit in area of electricity transmission and distribution

Form 8c

Report on maintaining conditions of electricity activity Permit in area of electricity wholesaling and retailing

Form 8d

Report on maintaining conditions of electricity activity Permit in area of specialized electricity consultation

 

Form 01

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

…, date ... month ... year...

REQUEST

Issue of electricity activity Permit

To: 1………………………………........................

Requesting organization:............................................................

Direct superior  organ (if any):..................

Head office at: …………. Tel No.: ……….. Fax:............................................

Established under the investment Permit/establishment Decision No.:……dated…

Certificate of enterprise registration issued by….enterprise code….registration time…..on date….month…year…..

Electricity activity Permit No……..issued by…..on date……….(if any).

Current business lines:.........................

Kindly request the issue of electricity activity Permit for the following areas and scope of operaiton:

-.........................................................................................................................................

-.........................................................................................................................................

Attached documents:

-.........................................................................................................................................

-.........................................................................................................................................

Kindly request..... to issue the electricity activity Permit to.....(name of requesting organization).

 (Name of organization) undertakes to operate in line with the registered area and scope and comply with the regulations specified in the electricity activity Permit./.

 

 

HEAD
(Signature and seal)

_______________

1 To be sent to the organ receiving and dealing with procedures for dossier verification or the competent licensing organ: the Department of Industry and Trade, the Electricity Regulatory Authority, the provincial People’s Committee or the Ministry of Industry and Trade.

2 To be sent to the competent licensing organ: the Department of Industry and Trade, the Electricity Regulatory Authority, the provincial People’s Committee or the Ministry of Industry and Trade.

 

Form 2a

MINISTRY OF INDUSTRY AND TRADE
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

No.: .../GP-BCT

Hanoi, date … month … year …

 

ELECTRICITY ACTIVITY PERMIT

MINISTER OF INDUSTRY AND TRADE

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

Pursuant to the Electricity Law dated 03 December 2004 and the Law amending and supplementing a number of articles of the Electricity Law dated 20 November 2012;

Pursuant to Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law.

Pursuant to Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit;

Considering the application and dossier for issue of electricity activity Permit of …..(name of organization requesting the issue of Permit);

At the request of Director of Electricity Regulatory Authority,

DECIDES:

Article 1. Issuing the electricity activity Permit to:

1. Name of organization:...................................................................

2. Direct superior organ (if any):.............................................................

3. Certificate of enterprise registration issued by….enterprise code….registration time…..on date….month…year…..

4. Head office:…………; Tel No.:………..; Fax:...........................................................

Article 2. Areas of activity

1. ......................................................................................................................................

2. ......................................................................................................................................

Article 3. Scope of activity

1. Area 1:...................................................................................

2. Area 2:...............................................................................................

Article 4. Duration of Permit

1. Area 1: Valid until date…..month……year…..

2. Area 2: Valid until date…..month……year…..

Article 5. Detailed contents of Permit

As per the Annex of Permit

Article 6. Responsibility of electricity unit issued with Permit

…(The electricity unit issued with Permit) must comply with the provisions in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government stipulating in detail the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit and the relevant regulations of law.

Article 7. Effect

 This electricity activity Permit takes effect from the day of its signing./.

 

 

MINISTER
(Signature and seal)

 

Form 2b

MINISTRY OF INDUSTRY AND TRADE
ELECTRICITY REGULATORY AUTHORITY
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

No.:         /GP-DTDL

Hanoi, date … month… year …

 

ELECTRICITY ACTIVITY PERMIT

DIRECTOR OF ELECTRICITY REGULATORY AUTHORITY

Pursuant to Decision No 153/2008 / QD-TTg dated 28 November, 2008 of the Prime Minister defining the functions, tasks, powers and organizational structure of the Electricity Regulatory Authority of the Ministry of Industry and Trade;

Pursuant to the Electricity Law dated 03 December, 2004; Law amending and supplementing some articles of the Electricity Law dated 20 November, 2012;

Pursuant to the Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law;

Pursuant to Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit;

Considering the application and dossier for issue of electricity activity Permit of …..(name of organization requesting the issue of Permit);

At the request of the Head of Public Relations and Licensing Division,

DECIDES:

Article 1. Issuing the electricity activity Permit to:

1. Name of organization:...................................................................................................................

2. Direct superior organ (if any):..................................................................................

3. Certificate of enterprise registration issued by….enterprise code….registration time…..on date….month…year…..

or establishment Decision No:.....dated ...................

4. Head office:…………; Tel No.:………..; Fax:...........................................................

Article 2. Areas of activity

1. ......................................................................................................................................

2. ......................................................................................................................................

Article 3. Scope of activity

1. Area 1:..............................................................................................

2. Area 2: .....................................................................................................................

Article 4. Duration of Permit

1. Area 1: Valid until date…..month……year…..

2. Area 2: Valid until date…..month……year…..

Article 5. Detailed contents of Permit

As per the Annex of Permit

Article 6. Responsibility of electricity unit issued with Permit

…(The electricity unit issued with Permit) must comply with the provisions in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government stipulating in detail the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit and the relevant regulations of law.

Article 7. Effect

This electricity activity Permit takes effect from the day of its signing./.

 

 

DIRECTOR
(Signature and seal)

 

Form 2c

PEOPLE’S COMMITTEE ……
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

No.: ... /GP-UBND

…, date … month … year …

 

ELECTRICITY ACTIVITY PERMIT

PEOPLE’S COMMITTEE OF PROVINCE/CITY....

Pursuant to the Law on organization of People’s Council and People’s Committee dated 26 November 2003;

Pursuant to the Electricity Law dated 03 December, 2004; Law amending and supplementing some articles of the Electricity Law dated 20 November, 2012;

Pursuant to Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law.

Pursuant to Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit;

Considering the application and dossier for issue of electricity activity Permit of …..(name of organization requesting the issue of Permit);

At the request of Director of Department of Industry and Trade;

DECIDES:

Article 1. Issuing the electricity activity Permit to:

1. Name of organization:...................................................................................................

2. Direct superior organ (if any):..................................................................................

3. Certificate of enterprise registration issued by….enterprise code….registration time…..on date….month…year…..

or establishment Decision No:.....dated ...................

4. Head office:…………; Tel No.:………..; Fax:...........................................................

Article 2. Areas of activity

1. ......................................................................................................................................

2. ......................................................................................................................................

Article 3. Scope of activity

1. Area 1:..............................................................................................

2. Area 2: .....................................................................................................................

Article 4. Duration of Permit

1. Area 1: Valid until date…..month……year…..

2. Area 2: Valid until date…..month……year…..

Article 5. Detailed contents of Permit

As per the Annex of Permit

Article 6. Responsibility of electricity unit issued with Permit

…(The electricity unit issued with Permit) must comply with the provisions in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government stipulating in detail the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit and the relevant regulations of law.

Article 7. Effect

This electricity activity Permit takes effect from the day of its signing./.

 

 

ON BEHALF OF PEOPLE’S COMMITTEE ...
CHAIRMAN
(Signature and seal)

 

Form 2d

PEOPLE’S COMMITTEE ………
DEPPARTMENT OF INDUSTRY AND TRADE …
--------

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

No.: ... /GP-SCT

…, dated … month … year …

 

ELECTRICITY ACTIVITY PERMIT

DIRECTOR OF DEPPARTMENT OF INDUSTRY AND TRADE ...

Pursuant to Decision No ... dated......of the People’s Committee ... on stipulating functions, tasks, ... of the Department of Industry and Trade ...;

Pursuant to the Electricity Law dated 03 December 2004 and the Law amending and supplementing a number of articles of the Electricity Law dated 20 November 2012;

Pursuant to Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law.

Pursuant to Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit;

Pursuant to Decision No....dated of the People’s Committee of.....on authorized issue of electricity activity Permit;

Considering the application and dossier for issue of electricity activity Permit of …..(name of organization requesting the issue of Permit);

At the request of Head of .......Division,

DECIDES:

Article 1. Issuing the electricity activity permit to:

1. Name of organization:...................................................................................................................

2. Direct superior organ (if any):..................................................................................

3. Certificate of enterprise registration issued by….enterprise code….registration time…..on date….month…year…..

or establishment Decision No:.....dated ...................

4. Head office:…………; Tel No.:………..; Fax:...........................................................

Article 2. Areas of activity

1. ......................................................................................................................................

2. ......................................................................................................................................

Article 3. Scope of activity

1. Area 1:..............................................................................................

2. Area 2: .....................................................................................................................

Article 4. Duration of Permit

1. Area 1: Valid until date…..month……year…..

2. Area 2: Valid until date…..month……year…..

Article 5. Detailed contents of Permit

As per the Annex of Permit

Article 6. Responsibility of electricity unit issued with Permit

…(The electricity unit issued with Permit) must comply with the provisions in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government stipulating in detail the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit and the relevant regulations of law.

Article 7. Effect

This electricity activity Permit takes effect from the day of its signing./.

 

 

DIRECTOR
(Signature and seal)

 

Form 03

ANNEX OF ELECTRICITY ACTIVITY PERMIT

I. AREA OF ELECTRICITY ACTIVITY

1. Scope of activity

a) The Company…is permitted to manage and operate the Plant…, installed capacity….MW, built at….,

b) The Company….is permitted to sell the electricity generated from the Plant….into the electricity system under the electricity sale contract signed with organizations and individuals that are permitted to purchase electricity in accordance with the stages of electricity market.

2. Main features of the Plant ...

a) Main parameters of the Plant

Total installed capacity of the Plant: ... MW.

- Turbine: Amount …, type …;

Rated capacity: ... MW;

Number of rated revolution:…..revolution/minute

- Generator: Amount……type….;

Rated capacity: ... MW;

Rated voltage:... kV;

Rated frequency: ... Hz.

- Main transformer: Amount……type….;

Rated capacity: ... MVA;

Voltage: ... kV;

Wire connection group ...

b) Electricity distribution station

- Type: …;

- Voltage ... kV.

c) Used water source

The Company….is permitted to use the water source for the only purpose of electricity generation and cooling of the Plant…upon the written consent of the competent authorities under regulation.

d) Connection to electricity system

The Plant…is connected to the national power grid through….line…. kV, type of conductor…, length…., from….to….

dd) Requirements on environment and society

The Company…must ensure that the Plant….shall fully comply with the requirements on environmental protection as prescribed by law.

II. RIGHTS OF THE COMPANY ...

1. The rights of electricity generating unit is stipulated in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law

a) Operates the electricity generation activity specified in this Permit;

b) Is connected to the national electricity system upon satisfaction of technical conditions and standards;

c) The Company…has a right to sell the power of the Plant….to organizations and individuals that are permitted to purchase power under the electricity sale contract in accordance with stages of electricity market;

d) Is provided with necessary information related to the generation activity;

dd) Provides recommendations for the competent state organs to amend or supplement the technical regulations, technical and economic norms for the purpose of electricity generation

2. Other rights as prescribed by law

a) The Company…has the right to take part in business activities as required by electricity generation activity of the Plant in accordance with contents and conditions of this Permit;

b) The Company….only participates in other electricity activities not related to the generation activity of the Plant…when it is given permission by the competent licensing authorities under regulation. In case of participation in other electricity activities, the Company must demonstrate such activities do not affect the implementation of obligations specified in this Permit and must comply with regulations of law.

3. Right to stop electricity supply

The Plant…has the right to temporarily stop its operation or stop its entire electricity generation activity in case of emergency; in case of threat to the health or safety of community or the reliability of electricity system; for maintenance or repair. The order of sop or reduction in electricity supply shall comply with regulations of law.

III. GENERAL OBLIGATIONS OF THE COMPANY ...

1. Compliance with regulations of law

a) The Company….must comply with the provisions of the Electricity Law, the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade providing for the order and procedures for issue, revocation and duration of electricity activity Permit and the relevant legal normative documents in electricity generation activity;

b) The Company….must comply with other regulations of law.

2. Maintenance of licensed conditions

The Company ….is responsible for maintaining the conditions for issue of electricity generation Permit of the Plant…during the duration of this Permit.

3. Environmental protection

a) The Company…must ensure that the building, installation of equipment and means, workshop of the Plant shall not cause environmental pollution and affect the community health and comply with environmental standards applied with permission;

b) The Plant… must fully comply with regulations on environmental protection in electricity generation activity.

4. Works construction assurance in accordance with approved design

The Company…must ensure the Plant ….shall be built, install, accepted, tested and operated in accordance with the approved design.

5. Land use

The Company…shall manage and use land of The Plant… in accordance with area and purpose approved by the competent state organ in investment project.

6. The Plant and community safety

a) The Plant….must ensure the compliance with regulations on safety protection for people, electrical equipment and electrical works.

b) The Plant….must ensure the compliance with technical regulations and standards related to the protection of employees, community health and permissible safety level.

7. Labor training and use

The Company…must ensure the compliance with requirements on training and use of labor to meet the requirements for electricity generation as registered in the dossier for issue of Permit.

8. Electricity saving in production

The Plant…must comply with requirements on effective and thrifty use of energy in electricity generation through the development and implementation of optimal operational mode of generating equipment and effective and rational use of self-use system in the Plant as prescribed by the Electricity Law, the Law amending and supplementing some articles of the Electricity Law and the Law on effective and thrifty use of energy.

9. Financial accounting

The Company…is responsible for management of financial accounting of electricity generation of the Plant….separately from other business activities which are not related to the electricity generation activity of the Plant and keeping of all necessary dossiers and documents as prescribed by the regulations on financial management.

10. Financial report, production and business report

a) The Company…must hire an independent auditing unit to carry out the annual financial audit for the electricity activity of the Plant…

b) The Company…must provide financial information, data and document for calculation of electricity generation price as required by the Electricity Regulatory Authority;

c) The Company …must report to the local Department of Industry and Trade on the reality of annual production and business in the licensed areas before the 1st date of March of the following year.

11. Investment in other electricity generation projects

a) The Company…is entitled to the investment and development of only new electricity generation projects in accordance with the electricity development planning approved by the competent authorities;

b) The Company…must provide full and in detail information as required by the licensing organ or competent organ for electricity development planning for each stage under the provisions of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law.

12. Electricity sale contract

The Company…has the rights and obligations to fully implement the contents committed in the signed electricity sale contracts.

13. Electricity price

a) The Company….must develop the electricity generation tariff in accordance with regulation on method of electricity generation pricing issued by the competent authorities.

b) Electricity sale and purchase price

- The electricity sale price is done under the signed electricity sale contract within the price framework of electricity generation issued by the competent authorities;

- Electricity sale and purchase price for immediate delivery depending on the transaction time in the electricity market which the electricity market transaction operating unit has publicized.

c) Where The Company…has recommendations related to the electricity generation price or relevant services, such recommendations must be explained to the competent authorities for settlement.

14. Auxiliary services

The Plant…is responsible for providing the auxiliary services (if required by the competent authorities) and taking measures to support the operation of electricity system reliably under the signed contract and the regulations related to the auxiliary services as prescribed by law.

15. Electricity supply assurance

a) The Plant…must ensure the electricity supply to the national electricity system as per the contents specified in this Annex;

b) When the national electricity system is short of power source, the Plant….must ensure the maximum mobilization of generated capacity of the Plant according to the dispatching order of the electricity system dispatching unit.

16. Report upon change

The Company …must report to the licensing Organ upon change of management of the Plant…in the following cases:

a) Reorganization of electricity sector related to the electricity generation of the Plant…,

b) Restructuring and transfer of assets of the Plant….;

c) Stop of operation for transfer of ownership of the Plant…or right of electricity generation to other units.

IV. OBLIGATIONS TO ENSURE TECHNICAL CONDITIONS

1. Applied techniques and technology

a) The Plant….must maintain the equipment, means, technology and applied softwares for electricity generation;

b) The Plant….is permitted to use the technology, techniques and equipment required for the generating units of the power the Plant as described in Clause 2, Section 1 of this Annex for electricity generation. When there are technological changes of main equipment of The Plant…, The Company must report in writing to the ….(the licensing organ) for management.

2. Compliance with regulation on electricity transmission and distribution

The Plant….must ensure the compliance and meet the requirements of regulation for the electricity transmission system and electricity distribution system.

3. Connection of the Plant to electricity system

The Plant…must comply with regulations on connection to the national electricity system as per the Regulation on electricity transmission system and Regulation on electricity distribution system issued by the Ministry of Industry and Trade.

4. Compliance with operational mode and dispatching order of the electricity system dispatching unit

a) The Plant….must comply with the operational mode and dispatching order of the electricity system dispatching unit in accordance with operational regulation of the Plant in the electricity system;

b) The Plant…must coordinate with the electricity system dispatching unit to implement the operational mode for normal or unusual operation to protect the condition and safe operational mode of electricity transmission system and electricity distribution system.

5. Compliance with regulation on safety of hydroelectric dam and reservoir operation (for hydroelectric Plant)

a) Compliance with technical regulations and standards, procedures for reservoir operation and other relevant regulations;

b) Compliance with regulations of law on management of safety of hydroelectric dam.

6. Operation and maintenance

a) The Company…must calculate, design, operate, maintain and repair the generating equipment of the Plant… to ensure the accordance with technical regulations and standards applied to power source and power grid;

b) The repair, maintenance, overhaul, upgrading or expansion of the Plant must be done according to the registered plan under the form specified in the coordinated operational procedure issued by the electricity system dispatching unit.

7. Stop or reduction in electricity supply

The Plant…must comply with regulations on conditions, order and procedures for stop or reduction in electricity supply specified in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law and relevant documents issued by the Ministry of Industry and Trade.

8. Ensuring requirements and regulations on installation of power metering equipment

The Company….must comply with regulations on power metering for The Plant…., the technical requirements and technical standards and regulations related to the installed capacity, operation, maintenance, repair and metering of electrical parameters according to Regulation on power metering issued by the Ministry of Industry and Trade.

9. Incident handling

The Plant…must notify immediately to the electricity system dispatching unit and relevant organizations of generation incidents and take measure to handle such incidents

10. Report as required

The Plant…must report on the availability of electricity generation, capacity reserve, reality of implementation of operational mode of the power the Plant as required by the electricity system dispatching unit and the electricity market transition operating unit (if participating in electricity market), the Electricity Regulatory Authority or the competent state authorities under regulation.

11. Compliance with regulations of electricity market (for the Plants participating in electricity market)

The Plant…must comply with regulations on electricity market specified in the Electricity Law, the Law amending and supplementing some articles of the Electricity Law, the regulations on operation of competitive electricity market issued by the Ministry of Industry and Trade and the implementation instruction Procedures issued by the Electricity Regulatory Authority.

V. MANAGEMENT OF USE OF PERMIT

1. Fees for appraisal and issue of Permit

The Company…must make payment of fees for appraisal and issue of Permit under regulation.

2. Keeping of documents and dossiers

a) The Company…must keep the issued electricity activity Permit or its certified copy at its head office.

b) The Company…must keep books and documents of business activities under regulation.

3. Report and information supply

a) The Company …must report in writing to…(the licensing organ) on maintaining the operational conditions in the licensed areas before the 1st date of March of the following year;

b) The Company… must report in writing to…(the licensing organ) within 30 days in case of loss or misplacement of Permit.

4. Examination and inspection

a) The Company…must be ready to report on generating equipment, workshop, accounting books for the competent state organs to examine, inspect and must ensure the operation in accordance with regulations of law and contents specified in the Permit.

b) The Company…must coordinate and create conditions for inspectors of specialized electricity sector and electricity examiners to carry out their inspection or examination as prescribed by law.

5. Violation handling

a) Where the Plant….violates the provisions specified in this Permit, The Company….must explain in writing such violation;

b) After providing information in writing on violation, explaining and recommending the remedial measures, the following forms of handling can be applied to the Plant….:

- Requiring the Plant…to stop acts of violation or take remedial measures within a time limit decided by the competent authorities;

- Sanctioning the administrative violation against the Plant as per regulation on sanctioning of administrative violation in electricity area.

c) Where the acts of violation of the Plant…have signs of violation of criminal law, the case shall be transferred to the investigation organ for considering criminal prosecution in accordance with law.

6. Revocation of Permit

a) The Plant…whose Permit shall be revoked in the following cases:

- Fails to operate after 6 months from the date of issue of electricity activity Permit in the area of electricity generation;

- Fails to maintain the prescribed conditions when the Permit has been issued in the area of management and operation of the Plant….;

- Fails to comply with the contents specified in this Permit;

- Leases, borrows or modifies the Permit;

- As required by the competent state authorities upon violation of relevant laws.

b) In case of revocation of Permit, the Plant….must continue its electricity generation within the duration required by the licensing organ in order to ensure the power supply and connection to the electricity transmission/distribution system and ensure the reliable power supply.

7. Dossier preparation for issue of Permit

a) The Company….must prepare dossier to request the issue of electricity activity Permit upon change of its name, address of head office, type and scope of activity.

b) Within 60 days prior to the expiration of electricity activity Permit, if the Company… wishes to continue its operation, it must prepare dossier to request the issue of electricity activity Permit to be sent to the competent licensing organ and comply with the prescribed order and procedures for issue of electricity activity Permit.

 

 

HEAD OF LICENSING ORGAN

(Signature and seal)

 

Form 04

ANNEX OF ELECTRICITY TRANSMISSION/DISTRIBUTION PERMIT

I. AREAS AND SCOPE OF ACTIVITY

1. Areas of activity

The Company…is permitted to operate in the area of electricity transmission/distribution with scale of voltage up to…

2. Scope of activity

a) The Company…is permitted to operate in the area of electricity transmission/distribution with scale of voltage up to… kV within a scope of…;

b) The Company…is a unit permitted to operate in the area of electricity transmission/distribution within a scope specified under Point a of this Clause during the statute of limitations of the Permit, except for the scope of activity of other electricity units which the Electricity Regulatory Authority or the competent licensing authorities permit the electricity transmission/distribution within scope of activity of the Company…

II. RIGHTS OF THE COMPANY ...

1. Rights as prescribed in the Electricity Law

The Company…has the following rights:

a) Operates the electricity transmission/distribution as prescribed in this Permit;

b) Has the access to the management area of the electricity buyer for manipulation, maintenance, repair and new replacement of electrical equipment of the electricity distributing unit (for electricity distribution activity).

c) Is provided with necessary information related to the electricity transmission/distribution;

d) Requests the competent state organs to amend or supplement the technical regulations and standards, economic and technical norms for the electricity transmission/distribution;

2. Other rights as prescribed by law

a) The Company…is permitted to provide the services in the electricity transmission/distribution and comply with regulations of law;

b) The Company….has the right to participate in other activities in accordance with the electricity transmission/distribution and conditions of this Permit;

c) The Company…only participates in other electricity activities not related to the licensed electricity transmission/distribution upon permission from the competent licensing organ. In case of participation in other electricity activities, the Company must demonstrate that such activities do not affect the implementation of obligations specified in this Annex and must comply with regulations of law.

3. Rights to use assets

The Company….is permitted to use the assets as registered in the dossier for issue of Permit to ensure the implementation of electricity transmission/distribution in accordance with the conditions specified in this Annex.

4. Rights to stop power supply

The Company….is permitted to stop a part or the whole of power transmission/distribution grid in the following cases:

a) The unit using the power transmission/distribution grid does not pay the price of electricity transmission/distribution under regulation and does not comply with regulations of law on ensuring the security of electricity system or safety for people and equipment of electricity transmission/distribution.

b) In case of emergency or threat to the health or safety of community or the reliability of electricity system; maintenance or repair of power transmission/distribution grid in accordance with regulation of law and conditions specified in this Annex.

III. GENERAL OBLIGATIONS OF COMPANY ...

1. Compliance with regulations of law

The Company…carrying out the electricity transmission/distribution must comply with the provisions in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade stipulating the order and procedures for issue, revocation and duration of electricity activity Permit; Regulation on electricity transmission system and on electricity distribution system, the legal normative documents related to power metering issued by the Ministry of Industry and Trade and other relevant laws.

2. Maintenance of conditions for issue of Permit

The Company…must comply and maintain the conditions for the issue of of electricity transmission/distribution Permit during the duration of this Permit.

3. Investment in building and development of power grid

a) The Company …must ensure the building, installation, acceptance and operation of power grid in line with the approved design and in accordance with the electricity development Planning and the list of electricity items invested and approved by the competent authorities;

b) The Company…must have a plan for investment, development and expansion of power grid within the scope managed by the Company in order to meet the capacity of power supply at the present time and in the future.

The plan for investment, development and expansion of power transmission/distribution grid must be consistent with:

- Electricity development planning;

- Approved portfolio;

- Regulation on electricity transmission/distribution system;

- Regulation on power metering;

- Conditions of this Permit and other relevant regulations of law.

c) The Company…must ensure the connection to the power plant, the transmission/distribution power grid, major electricity customers with connection to the power grid under the management of the Company as prescribed by law;

d) The Company…must provide complete and detailed information for development, supplementation and approval for electricity development planning for each stage as required by the licensing organ and the competent authorities as prescribed by the Electricity Law and the Law amending and supplementing some articles of the Electricity Law.

dd) Annually, the Company….must report to the licensing organ and the competent authorities on the reality of implemented investment, development and investment of power grid plan under its management and operation.

e) The Company…shall provide its recommendations with the competent authorities on adjustment of electricity development planning if the planning under implementation is no longer consistent with reality.

4. Power grid improvement

The Company…must develop the plan and roadmap of improvement of transmission lines and substations of existing power grid to ensure the prescribed technical and economic standards

5. Applied techniques and technologies

a) The Company…must maintain the equipment, means, technologies and applied softwares for electricity transmission/distribution in accordance with regulations on power grid and technical regulations and standards applied in Vietnam;

b) The Company…is permitted to use the techniques and technologies and advanced equipment for electricity transmission/distribution. When there are main technological changes of the power grid under its management, the Company must report in writing to the licensing organ.

6. Land use

The Company…must manage and use land in line with area and purpose approved by the competent state authorities in investment projects of power transmission/distribution grid

7. Environmental protection

a) The Company…must build and install the technical equipment and means of the power grid so as not to cause pollution and affect the environment and community health and comply with the environmental standards to be applied with permission;

b) The Company…must comply with all regulations on environmental protection upon operation…

8. Labor and community safety

a) The Company…must comply with regulations and standards related to the protection of employees, community health and permissible safety levels;

b) The Company...must comply with regulations on protection and safe operation of electrical equipment and electrical works; must inspect and test the electrical equipment and electrical works before putting them into operation to ensure that they meet the requirements on safety of power grid as prescribed by law.

c) The Company...must cooperate with other electricity units and the competent authorities to manage and protect the safety of electrical equipment and electrical works.

9. Labor training and employment

The Company....must comply with regulations on labor training and employment to meet the requirements in the area of electricity transmission/distribution as registered in the dossier for issue of Permit.

10. Electricity saving and effective use of energy

a) The Company....must comply with requirements on propagation and dissemination on effective and thrifty use of energy in the electricity transmission/distribution.

b) The Company....must apply the optimal mode of operation of electricity transmission/distribution equipment to fulfill requirements for effective and thrifty use of energy in ....., control of waste, reduction in power loss as prescribed by the Electricity Law, the Law amending and supplementing some articles of the Electricity Law, the Law on effective and thrifty use of energy and other relevant laws.

11. Services price

a) The Company....must apply the price of electricity transmission/distribution and other types of services price according to the approved principles and methods of calculation.

b) The Company....must provide information and participate in developing the mechanisms, principles and methods of prices calculation and the relevant fees as required by the competent authorities.

12. Customer services and complaint settlement

The Company....must ensure the requirements on customer services and deal with complaints of customers as prescribed by the Electricity Law, the Law amending and supplementing some articles of the Electricity Law and Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of som articles of Electricity Law, the Law amending and supplementing some articles of the Electricity Law and other relevant laws.

13. Financial accounting

The Company…is responsible for implementing the financial accounting of electricity transmission/distribution separately from other business activities which are not related to the electricity transmission/distribution of the Company and fully keeping necessary dossiers and documents as prescribed by the regulations on financial management.

The Company… must implement the financial accounting as prescribed by law and accounting regulations in Vietnam and other relevant regulations.

14. Financial

a) The Company…must make the annual financial reports and hire an independent auditing unit to carry out the audit of financial report.

b) The Company…must provide financial information, data and document for calculation of price of electricity transmission/distribution… as required by the Electricity Regulatory Authority;

15. Report upon change

a) Upon changes in its management and operation of power grid within scope of activity of Permit due to reorganization of electricity sector;

b) Due to restructuring and transfer of the Company’s assets.

IV. OBLIGATIONS OF TECNICAL CONDITIONS ASSURANCE

1. Compliance with technical regulations of power grid

The Company...must comply and meet the regulations on electricity transmission system and electricity distribution system and other technical regulations related to the power grid for which the Company is issued with operation Permit.

2. Connection standard assurance

The Company...must comply with regulations of law on power grid connection in electricity transmission/distribution.

3. Compliance with operational mode and dispatching order of electricity system dispatching unit

a) The Company...must comply with instructions and management of load and load shedding by dispatching order of the electricity system dispatching unit and regulations of law.

b) The Company...must comply with the command of operation and coordination in preparing the plan for operation, maintenance, repair and restoration of electricity syste with the electricity system dispatching unit.

c) The Company...must provide information as required by the licensing organ, the electricity system dispatching unit in service of the prescribed operation of electricity system.

4. Power supply capacity assurance

a) Within the licensed activity, the Company...must provide the electricity transmission/distribution services safely, economically, reliably and continuously as per the quality standards specified in relevant legal normative documents;

b) There must be no discrimination of treatment in supply of electricity transmission/distribution services to the subjects in the same group of customers.

5. Power quality assurance as prescribed by law

The Company...must ensure the quality of electricity transmission/distribution to customers using its services as stipulated in Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government stipulating in detail the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law and normative legal documents related to the electricity quality issued by the Ministry of Industry and Trade.

6. Requirement and regulation assurance on installation of metering equipment

The Company...must comply with standards and regulations on metering for power transmission/distribution grid, the technical requirements and standards related to the capacity, operation, maintenance, repair and metering of electrical parameters issued by the competent authorities.

7. Stop or reduction in electricity supply

The Plant…must comply with regulations on conditions, order and procedures for stop or reduction in electricity supply specified in the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law and Regulation on order of stop or reduction in electricity supply issued by the Ministry of Industry and Trade.

8. Incident handling

a) The Plant…must notify in writing immediately to the competent state authorities upon occurrence of incidents on power grid within the management of the Company leading to the following outcomes:

- Stop of supply of electricity transmission/distribution servives affecting the electricity activities of other units;

- Abnormal condition of the electricity system causes considerable incident on the power grid under the management of the Company;

- Causing damage to the equipment and affecting people’s lives.

b) The Company...must notify immediately the electricity system dispatching unit and other relevant organizations of the incident on the power grid and take remedial measures as soon as possible.

9. Operation and maintenance

a) The Company...must calculate, operate, maintain and repair the equipment in the power grid under its management to ensure the compliance with regulations of law.

b) The plan for repair, maintenance, overhaul, improvement and expansion of power grid must be done as agreed with the electricity system dispatching unit.

10. Compliance with regulations of competitive electricity market (to be applied to unit participating in competitive electricity market)

The Company...must comply with regulations on electricity market specified in the Electricity Law, the Law amending and supplementing some articles of the Electricity Law and the regulations on competitive electricity market issued by the Ministry of Industry and Trade and the Procedures guiding the implementation issued by the Electricity Regulatory Authority.

V. MANAGEMENT OF USE OF PERMIT

1. Fees for appraisal and issue of Permit

The Company…must make payment of fees for appraisal and issue of Permit under regulation.

2. Keeping of documents and dossiers

a) The Company…must keep the issued electricity activity Permit or its certified copy at its head office.

b) The Company…must keep books and documents of electricity transmission/distribution activity under regulation.

3. Report and information supply

The Company must report and provide complete and correct information as follows:

a) Information related to the electricity transmission/distribution capacity and operational condition of equipment in the power grid as required by the competent organs;

b) The Company...must provide complete and correct information in service of policy development, macro management and operation as required by the licensing organ or competent organ as prescribed by law;

c) The Company...must report to the...(licensing organ) if the Permit is lost or misplaced;

d) The Company...must make annual aggregation report on electricity activity in the area and scope specified in the Permit to ..... (licensing organ) and the local Department of Industry and Trade before the 1st date of March of the following year;

dd) The Company...must report in writing to ..... (licensing organ) on maintaining its operational conditions in the licensed areas before the 1st date of March of the following year;

4. Examination and inspection

a) The Company…must be ready to report on condition of technical equipment, workshop, accounting books for the competent state organs to examine, inspect and must ensure the operation in accordance with regulations of law and contents specified in the Permit.

b) The Company…must coordinate and create conditions for inspectors of specialized electricity sector and electricity examiners to carry out their inspection or examination within scope of activity …as prescribed by law.

5. Violation handling

a) Where the Plant….violates the provisions specified in this Permit, it must explain in writing such violation;

b) After providing information in writing on violation, explaining and recommending the remedial measures, the following forms of handling can be applied to the Company….:

- Requiring the Company to stop acts of violation or take remedial measures within a time limit decided by the competent authorities;

- Sanctioning the administrative violation against the Company as per regulations on sanctioning of administrative violation in electricity area.

c) Where the acts of violation of the Company…have signs of violation of criminal law, the case shall be transferred to the investigation organ for considering criminal prosecution in accordance with law.

6. Revocation of Permit

a) a) Revocation of Permit: The Company…whose Permit shall be revoked in the following cases:

- Fails to operate after 6 months from the date of issue of electricity activity Permit in the area of electricity transmission/distribution;

- Fails to maintain the prescribed conditions when the Permit has been issued in the area of electricity transmission/distribution.

- Fails to comply with the contents specified in this Permit;

- Leases, borrows or modifies the Permit;

- As required by the competent state authorities upon violation of relevant laws.

b) In case of revocation of Permit, the Company….must continue its electricity transmission/distribution within the duration required by the licensing organ in order to ensure the need of electricity use and connection between the transmission system, electricity distribution system and ensure the reliable power supply.

6. Revocation of Permit

a) The Plant…whose Permit shall be revoked in the following cases:

- Fails to operate after 6 months from the date of issue of electricity activity Permit in the area of electricity generation;

- Fails to maintain the prescribed conditions when the Permit has been issued in the area of management and operation of the Plant….;

- Fails to comply with the contents specified in this Permit;

- Leases, borrows or modifies the Permit;

- As required by the competent state authorities upon violation of relevant laws.

b) In case of revocation of Permit, the Plant….must continue its electricity generation within the duration required by the licensing organ in order to ensure the power supply and connection to the electricity transmission/ distribution system, and ensure the reliable power supply.

 7. Dossier preparation for issue of Permit

a) The Company….must prepare dossier to request the issue of electricity activity Permit upon change of its name, address of head office, type and scope of activity.

b) Within 60 days prior to the expiration of electricity activity Permit, if the Company… wishes to continue its operation, it must prepare dossier to request the issue of electricity activity Permit to be sent to the competent licensing organ and comply with the prescribed order and procedures for issue of electricity activity Permit .

 

 

HEAD OF LICENSING ORGAN
(Signature and seal)

 

Form 5

ANNEX OF ELECTRICITY WHOLESALING/RETAILING/IMPORT AND EXPORT PERMIT

I. SCOPE AND AREA OF ACTIVITY

1. Area of electricity activity

The Company…is permitted to operate the electricity activity in the following areas:

Activity of electricity wholesaling/retailing/import or export with the scale of voltage up to ... kV.

2. Scope of activity

a) The Company…is permitted to operate its electricity wholesaling/retailing/import or export with the scale of voltage up to ... kV, in the area….;

b) The Company…is permitted to operate its electricity wholesaling/retailing/import or export with the scale of voltage up to ... kV in accordance with the scope specified under Point a of this Clause within the statute of limitations of the Permit, except for the scope of activity of other electricity units which the Electricity Regulatory Authority or the competent licensing authorities permit the electricity transmission/distribution within scope of activity of the Company…

II. RIGHTS OF COMPANY ...

1. The rights of unit of electricity wholesaling/retailing/import or export is stipulated in the Electricity Law

a) Operates the electricity wholesaling/retailing/import or export is specified in this Permit;

b) Sells electricity to organizations and individuals buying electricity that meet the conditions and regulations of law within the licensed scope in accordance with the tariff stipulated by the competent authorities;

c) Uses services of electricity transmission and distribution in accordance with each level of electricity market to carry out the activity of electricity wholesaling/retailing/import or export;

d) Is provided with necessary information related to the licensed area of electricity activity;

dd) The company...has the access to the management area of the organizations and individuals buying electricity for checking, reading the meter and contacting customers as prescribed by law;

e) Provides recommendations for the competent state authorities in amendment and supplementation of technical – economic regulations and norms for activity of wholesaling/retailing/import or export.

2. Other rights as prescribed by law

The Company…has the right to participate in other electricity activities in accordance with the contents and conditions of this Permit.

3. Stop and reduction in electricity supply

The Company …has the right to request its stop and reduction in electricity supply in case of emergency or threat ot the health or safety of community; impact on reliability of electricity system, maintenance, repair or when the customers violate the regulations related to the activity of electricity wholesaling/retailing/import or export;

The conditions and order of stop and reduction in electricity shall comply with the provisions in the Electricity Law; the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law and Regulation on conditions and order of stop and reduction in power supply issued by the Ministry of Industry and Trade.

III. GENERAL OBLIGATIONS OF COMPANY...

1. Compliance with regulations of law

The Company….must comply with the provisions of the Electricity Law, the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade providing for the order and procedures for issue, revocation and duration of electricity activity Permit and the relevant legal normative documents

2. Maintenance of licensed conditions

The Company ….is responsible for maintaining the conditions for electricity activity for the licensed area of electricity activity during the duration of this Permit.

3. Labor training and use

The Company…must ensure the implementation of labor training and employment in accordance with regulation of law and meet the requirements for maintaining and developing the licensed areas of electricity activity.

4. Power saving in electricity activity

The Company…must comply with the requirements on effective and thrifty use of energy in the electricity activity as stipulated by the Electricity Law, the Law amending and supplementing some articles of the Electricity Law, the Law on effective and thrifty use of energy and the guiding documents.

5. Electricity price

a) The Company…is responsible for negotiating, signing and executing the electricity sale contract between the Company…(or under authorization) with organizations and individuals purchasing electricity under regulation;

b) The Company…is responsible for complying and performing the regulations on electricity price issued by the competent authorities.

c) The Company…must provide complete and correct information on the reality of power trading within its licensed scope of activity as required by the competent authorities.

6. Supply of services related to the activity….

a) The Company…must carry out the activity of electricity wholesaling/retailing/import or export on the basis of compliance with regulations of state on national defense, security, social order and safety;

b) The Company….only participates in other electricity activities not related to the licensed activity of electricity wholesaling/retailing/import or export when it is given permission by the competent licensing authorities. In case of participation in other electricity activities, the Company must demonstrate such activities do not affect the implementation of obligations specified in this Permit and must comply with regulations of law.

7. Customer services

The Company....must ensure the requirements on customer services and deal with complaints of customers as prescribed by the Electricity Law, the Law amending and supplementing some articles of the Electricity Law and Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of som articles of Electricity Law, the Law amending and supplementing some articles of the Electricity Law and other relevant laws.

8. Financial accounting

a) The Company…is responsible for implementing the financial accounting of electricity wholesaling/retailing/import or export separately from other business activities which are not related to the electricity wholesaling/retailing/import or export and fully keeping necessary dossiers and documents as prescribed by the regulations on financial management.

b) The Company… must implement the financial accounting as prescribed by law and accounting regulations in Vietnam and other relevant regulations.

9. Financial report, production and business report

a) The Company…must hire an independent auditing unit to carry out the annual financial audit for the electricity wholesaling/retailing/import or export

b) The Company…must provide financial information, data and document for calculation of electricity wholesaling/retailing price as required by the Electricity Regulatory Authority;

c) The Company …must report to the …(licensing organ) and the local Department of Industry and Trade on the reality of annual production and business in the licensed areas before the 1st date of March of the following year.

10. Report upon change

The Company …must report to the licensing Organ upon change in the following cases:

a) Reorganization of sector related to the licensed area of electricity activity;

b) Stop of operation for transfer of right of one of the areas of activity or scope of activity specified in this Permit to other units;

c) Transformation of operational type to another form of enterprise.

11. Prohibited acts

The Company….must not do the following acts:

a) The acts which are prohibited under the provisions in Article 7 of the Electricity Law;

b) Discrimination of treatment in activity of electricity wholesaling/retailing to the customers of the same group.

c) Sale of electricity to organizations and individuals that are not qualified as prescribed by law;

d) Purchase of electricity from the unit having no electricity activity Permit in the area of electricity generation.

IV. OBLIGATIONS TO ENSURE TECHNICAL CONDITIONS

1. Ensuring the requirements and regulations on installation of power metering equipment

The Company…must comply with regulations of law on measurement and comply with technical regulations and standards on installation, maintenance, overhaul, repair and operation of power metering system issued by the competent authorities.

2. Conditions for applied techniques and technologies

a) The Company…must maintain the conditions of facilities, resources and apply the technical and technological conditions and advance equipment in accordance with the licensed area of electricity activity.

b) The Company must notify in writing to the licensing organ upon major changes in technology and main equipment related to the licensed electricity activity.

V. MANAGEMENT AND USE OF PERMIT

1. Fees for appraisal and issue of Permit

The Company…must make payment of fees for appraisal and issue of Permit under regulation.

2. Keeping of documents and dossiers

a) The Company…must keep the issued electricity activity Permit or its certified copy at its head office.

b) The Company…must keep books and documents electricity wholesaling/retailing/import or export under regulation.

3. Report and information supply

The Company…must report and provide the following information:

a) Information related to the reality of activity of electricity wholesaling/retailing/import or export as required by the competent authorities;

b) Report to …(licensing organ) in case the Permit is lost or misplaced;

c) The Company…must report in writing to……(licensing organ) on maintaining its operational conditions in the licensed area before the 1st date of March of the following year.

4. Examination and inspection

a) The Company…must be ready to report on the reality of business of electricity wholesaling/retailing/import or export and the accounting books for the competent state organs to examine, inspect and must ensure the operation in accordance with regulations of law and contents specified in the Permit.

b) The Company…must coordinate and create conditions for inspectors of specialized electricity sector and electricity examiners to carry out their inspection or examination as prescribed by law.

5. Violation handling

a) Where the Company….violates the provisions specified in this Permit, it must explain in writing such violation;

b) After providing information in writing on violation, explaining and recommending the remedial measures, the following forms of handling can be applied to the Company….:

- Requiring the Company… to stop acts of violation or take remedial measures within a time limit decided by the competent authorities;

- Sanctioning the administrative violation against the Company…. as per regulations on sanctioning of administrative violation in electricity area.

c) Where the acts of violation of the Company…have signs of violation of criminal law, the case shall be transferred to the investigation organ for considering criminal prosecution in accordance with law.

6. Revocation of Permit

a) Revocation of Permit: The Company…whose Permit shall be revoked in the following cases:

- Fails to operate after 6 months from the date of issue of electricity activity Permit in the area of electricity wholesaling/retailing/import or export;

- Fails to maintain the prescribed conditions when the Permit has been issued in the area of electricity wholesaling/retailing/import or export;

- Fails to comply with the contents specified in this Permit;

- Leases, borrows or modifies the Permit;

- As required by the competent state authorities upon violation of relevant laws.

b) In case of revocation of Permit, the Plant….must continue its electricity generation within the duration required by the licensing organ in order to ensure the power supply and connection to the electricity transmission/distribution system and ensure the reliable power supply.

7. Dossier preparation for issue of Permit

a) The Company….must prepare dossier to request the issue of electricity activity Permit upon change of its name, address of head office, type and scope of activity.

b) Within 60 days prior to the expiration of electricity activity Permit, if the Company… wishes to continue its operation, it must prepare dossier to request the issue of electricity activity Permit to be sent to the competent licensing organ and comply with the prescribed order and procedures for issue of electricity activity Permit .

 

 

HEAD OF LICENSING ORGAN
(Signature and seal)

 

Form 6

ANNEX OF SPECIALIZED ELECTRICITY CONSULTATION PERMIT

I. AREA AND SCOPE OF ACTIVITY

1. Licensed areas of electricity activity

The Company…is qualified for electricity activity in the following areas:

a) Area 1: …;

b) Area 2: ...

2. Scope of activity

The Company...is permitted to operate the specialized electricity consultation for the licensed areas on a national scale.

II. RIGHTS OF COMPANY...

1. Operates the specialized electricity consultation with the areas specified in Clauase 1, Section 1 of this Permit.

2. Requests the competent state authorities to amend or supplement the technical regulations and standards and technical and economic norms in service of consultation activity.

3. Requests the relevant organs to provide information which is necessary and appropriate with regulations of law in service of licensed areas of specialized electricity consultation.

4. Cooperates with foreign organizations and individuals in the area of specialized electricity consultation as prescribed by law.

5. Applies technologies, techniques, software and advanced methods of calculation accepted in Vietnam to carry out the specialized electricity consultation.

6. Provides training and recruits employees as prescribed by law.

III. OBLIGATIONS OF THE COMPANY ...

1. Compliance with regulations of law

The Company….must comply with the provisions of the Electricity Law, the Law amending and supplementing some articles of the Electricity Law; Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law; Circular No. 10/2015/TT-BCT dated 29 May 2015 of the Minister of Industry and Trade providing for the order and procedures for issue, revocation and duration of electricity activity Permit and the conditions specified in this Permit and comply with other relevant regulations of law.

b) The Company….must comply with other relevant regulations of law.

2. Maintenance of licensed conditions

a) The Company ...must maintain its organizational structure to ensure the implementation of licensed areas of specialized electricity consultation as in the dossier for issue of Permit;

b) The Company ...must maintain its conditions for the licensed areas of specialized electricity consultation under the provisions in Decree No. 137/2013/ND-CP dated 21 October 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and supplementing some articles of the Electricity Law;

c) The Head of project and the main consultants in the main professional areas of projects and works that are performed by the Company ...must be assumed by the Company’s experts who are regular staff or have labor contract with definite time or non-definite time.

3. Quality of works

The Company...must comply with the provisions of law on management of quality of constructional works and take responsibility before law for the quality of products and services done.

4. Applied techniques and technologies

a) The Company....must maintain the means, equipment, technologies and applied softwares to carry out the licensed areas of specialized electricity consultation;

b) The Company...must apply the Vietnam’s technical regulations and standards and economic and technical norms for the areas of specialized electricity consultation. In case of application of technical regulations and standards of foreign countries, there must be an approval of the competent state authorities.

c) Dossiers and documents on investment and construction of electricity works must be consistent with the need of modernization in order to improve the economic efficiency and ensure the high safety, reliability in investment and construction of electricity works;

5. Labor training and employment

a) The Company...must comply with regulations of law on labor employment;

b) The Company...must maintain its human resources including the apparatus of management and consultants to meet the requirements on the number and qualifications of experts as in the dossier for issue of Permit.

6. Report upon change

a) The Company...must report in writing on the changes in key personnel (Director, group of main consultants) to the....(licensing organ);

b) The Company...must report in writing to the....(licensing organ) 60 days in advance in case of stop of electricity activity;

c) The Company...must report in writing to the....(licensing organ) within 30 days from the date of change of its head office.

IV. MANAGEMENT AND USE OF PERMIT

1. Fees for appraisal and issue of Permit

The Company…must make payment of fees for appraisal and issue of Permit under regulation.

2. Keeping of documents and dossiers

a) The Company...must keep the issued electricity activity permit or the certified copy at its head office;

b) The Company...must keep all dossiers for issue of electricity activity Permit during its course of operation.

3. Report and supply of information

a) The Company...must report in writing to ...(licensing organ) and the local Department of Industry and Trade (place of registration of head office) on the reality of implementation of licensed activities of specialized electricity consultation, labor employment, infrastructure, means, equipment and applied softwares before the 1st date of March of the following year;

b) The Company… must report in writing to…(the licensing organ) within 30 days in case of loss or misplacement of Permit.

c) The Company …must report in writing to…(the licensing organ) on maintaining the operational conditions in the licensed areas before the 1st date of March of the following year;

4. Examination and inspection

a) The Company…must be ready to report on infrastructure, means, equipment and applied softwares and accounting books so that the competent state authorities can examine and inspect them and must ensure its operation complies with regulations of law and the contents of this Permit during the course of operation;

b) The Company…must coordinate and create conditions for inspectors of specialized electricity sector and electricity examiners to carry out their inspection or examination as prescribed by law.

5. Violation handling

a) In case of violation of provisions specified in this Permit, the Company….must explain in writing such violation;

b) After providing information in writing on violation, explaining and recommending the remedial measures, the following forms of handling can be applied to the Company….:

- Requiring the Company…to stop acts of violation or take remedial measures within a time limit decided by the competent authorities;

- Sanctioning the administrative violation against the Company as per regulation on sanctioning of administrative violation in electricity area.

c) Where the acts of violation of the Company…have signs of violation of criminal law, the case shall be transferred to the investigation organ for considering criminal prosecution in accordance with law.

6. Revocation of Permit

The electricity activity Permit of the Company...shall be revoked in the following cases:

a) The Company fails to operate after 6 months from the date of issue of specialized electricity consultation Permit;

b) The Company fails to maintain the conditions for which the specialized electricity consultation Permit;

c) The Company fails to comply with the contents specified in this Permit;

d) The Company leases, borrows or modifies the Permit;

dd) As required by the competent state authorities upon violation of relevant laws.

7. Dossier preparation for issue of Permit

a) The Company….must prepare dossier to request the issue of electricity activity Permit upon change of its name, address of head office, type and scope of activity.

b) Within 60 days prior to the expiration of electricity activity Permit, if the Company… wishes to continue its operation, it must prepare dossier to request the issue of electricity activity Permit to be sent to the competent licensing organ and comply with the prescribed order and procedures for issue of electricity activity Permit./.

 

HEAD OF LICENSING ORGAN
(Signature and seal)

 

Form 7a

LIST OF MANAGERIAL STAFF AND MAIN CONSULTANTS OF SPECIALIZED ELECTRICITY CONSULTATION

 (For the areas of consultation of planning, electricity investment and construction and supervision of electrical works performance)

No.

Full name

Date of birth

Native place

Position

Qualification

Seniority (years)

Name of project, works participated

Note

I.

Managerial staff

1

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

 

5

 

 

 

 

 

 

 

 

II

Main consultants

1

 

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

 

5

 

 

 

 

 

 

 

 

6

 

 

 

 

 

 

 

 

7

 

 

 

 

 

 

 

 

8

 

 

 

 

 

 

 

 

9

 

 

 

 

 

 

 

 

10

 

 

 

 

 

 

 

 

 

Form 7b

LIST OF MANAGERIAL STAFF

 (For the areas of consultation of planning, electricity investment and construction and supervision of electrical works performance)

No.

Full name

Date of birth

Native place

Position

Qualification

Seniority (years)

Name of project, works participated

I.

Managerial staff

 

 

 

 

 

 

1

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

II.

Direct operator

 

 

 

 

 

 

1

 

 

 

 

 

 

 

2

 

 

 

 

 

 

 

3

 

 

 

 

 

 

 

4

 

 

 

 

 

 

 

5

 

 

 

 

 

 

 

6

 

 

 

 

 

 

 

7

 

 

 

 

 

 

 

8

 

 

 

 

 

 

 

9

 

 

 

 

 

 

 

 

Form 8a

REPORT ON MAINTAINING CONDITIONS OF ELECTRICITY ACTIVITY PERMIT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

..., date ... month ... year ...

REPORT

On maintaining conditions of electricity activity permit in area of electricity generation

To: Electricity Regulatory Authority/Department of Industry and Trade of province...

Name of organization issued with Permit:................................................................................................

Direct superior organ (if any) :.....................................................................................

Head office registered at:……….Tel:………….. Fax:.....................................................

Certificate of enterprise registration issued by...enterprise code...., registration time.....on....

The electricity activity Permit No...issued by....on....for the following areas of activity:

- ……………………………………, Duration until ……. month……. year ...

- ……………………………………, Duration until ……. month……. year ...

The reporting contents (tick yes or no for status change)

No.

Content

Status change

Note

1

Certificate of enterprise registration

no

yes

Sending documents enclosed with report upon change

2

List of team of shift heads of power plant

no

yes

Sending documents enclosed with report upon change

3

Electricity sale contract

no

yes

Sending documents enclosed with report upon change

4

List of equipment with strict requirements on labor safety

no

yes

Sending documents enclosed with report upon change

5

Status change of participation in electricity market

no

yes

Sending documents enclosed with report upon change

6

Decision on approving the Procedures for operation of reservoir (for hydropower)

no

yes

Sending documents enclosed with report upon change

7

Conditions for environmental ensurance

no

yes

Sending documents enclosed with report upon change

8

Conditions for fire prevention and fighting

no

yes

Sending documents enclosed with report upon change

9

Conditions for dam safety assurance

no

yes

Sending documents enclosed with report upon change

10

Changes of main parameters of power plant

no

yes

Sending documents enclosed with report upon change

Other reporting contents (if any):..

Commitment of unit in maintaining its electricity activity:…

…(name of reporting unit) undertake that the information in the above report is totally true and shall take responsibility before law for the above contents./.

 

 

 

HEAD OF UNIT

(Signature and seal)

 

Form 8b

REPORT ON MAINTAINING CONDITIONS OF ELECTRICITY ACTIVITY PERMIT IN THE AREA OF ELECTRICITY TRANSMISSION/DISTRIBUTION

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

... , date... month... year ...

REPORT

On maintaining conditions of electricity activity permit in the area of electricity transmission/distribution

To: Electricity Regulatory Authority/Department of Industry and Trade of province...

Name of organization issued with Permit:................................................................................................

Direct superior organ (if any) :.....................................................................................

Head office registered at:……….Tel:………….. Fax:.....................................................

Certificate of enterprise registration issued by...enterprise code...., registration time.....on....

The electricity activity Permit No...issued by....on....for the following areas of activity:

- ……………………………………, Duration until ……. month……. year ...

- ……………………………………, Duration until ……. month……. year ...

The reporting contents (tick yes or no for status change)

No.

Content

Status change

Note

1

Certificate of enterprise registration/Establishment Decision/Establishment Certificate

 

no

yes

Sending documents enclosed with report upon change

2

List of technical managers

no

yes

Sending documents enclosed with report upon change

3

List of team of operational shift heads

no

yes

Sending documents enclosed with report upon change

4

List of main items of power grid works which are operated by the managing organization or are prepared for receipt under the decision of the competent authorities

no

yes

Sending documents enclosed with report upon change

5

Map of power grid boundary and scope of activity

no

yes

Sending documents enclosed with report upon change

Other reporting contents (if any): ...

Commitment of unit in maintaining its electricity activity:…

…(name of reporting unit) undertake that the information in the above report is totally true and shall take responsibility before law for the above contents./.

 

 

 

HEAD OF UNIT

(Signature and seal)

 

Form 8c

REPORT ON MAINTAINING CONDITIONS OF ELECTRICITY ACTIVITY PERMIT IN THE AREA OF ELECTRICITY WHOLESALING/RETAILING/IMPORT AND EXPORT

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

... , date ... month ... year...

REPORT

On maintaining conditions of electricity activity permit in the area of electricity wholesaling/retailing/import and export

To: Electricity Regulatory Authority/Department of Industry and Trade of province...

Name of organization issued with Permit:................................................................................................

Direct superior organ (if any) :.....................................................................................

Head office registered at:……….Tel:………….. Fax:.....................................................

Certificate of enterprise registration issued by...enterprise code...., registration time.....on....

The electricity activity Permit No...issued by....on....for the following areas of activity:

- ……………………………………, Duration until ……. month……. year ...

- ……………………………………, Duration until ……. month……. year ...

The reporting contents (tick yes or no for status change)

 

No.

Content

Status change

Note

1

Certificate of enterprise registration/Establishment Decision/Establishment Certificate  

no

yes

Sending documents enclosed with report upon change

2

List of business management leaders

no

yes

Sending documents enclosed with report upon change

3

Documents approving the policies on electricity sale with foreign countries (for electricity import and export)

no

yes

Sending documents enclosed with report upon change

4

Electricity export contract (for electricity import and export)

no

yes

Sending documents enclosed with report upon change

Other reporting contents (reality of operation and business):…

…(name of reporting unit) undertake that the information in the above report is totally true and shall take responsibility before law for the above contents./.

 

 

 

HEAD OF UNIT

(Signature and seal)

 

Form 8d

REPORT ON MAINTAINING CONDITIONS OF ELECTRICITY ACTIVITY PERMIT IN THE AREA OF SPECIALIZED ELECTRICITY CONSULTATION

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------

... , date ... month ... year...

REPORT

On maintaining conditions of electricity activity permit in the area of specialized electricity consultation

To: Electricity Regulatory Authority/Department of Industry and Trade of province...

Name of organization issued with Permit:................................................................................................

Direct superior organ (if any) :.....................................................................................

Head office registered at:……….Tel:………….. Fax:.....................................................

Certificate of enterprise registration issued by...enterprise code...., registration time.....on....

The electricity activity Permit No...issued by....on....for the following areas of activity:

- ……………………………………, Duration until ……. month……. year ...

- ……………………………………, Duration until ……. month……. year ...

The reporting contents (tick yes or no for status change)

No.

Content

 

Status change

Note

1

Certificate of enterprise registration/Establishment Decision/Establishment Certificate

no

yes

Sending documents enclosed with report upon change

2

List of managerial staff of the Company

no

yes

Sending documents enclosed with report upon change

3

List of main consultants of the Company

no

yes

Sending documents enclosed with report upon change

4

List of technical equipment, means and applied softwares for consultation activity

no

yes

Sending documents enclosed with report upon change

5

List of works done by consultation organization

 

Sending documents enclosed with report upon change

Other reporting contents (if any):…

Commitment of unit in maintaining its electricity activity: ...

…(name of reporting unit) undertake that the information in the above report is totally true and shall take responsibility before law for the above contents./.

 

 

 

HEAD OF UNIT

(Signature and seal)

 


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Thuộc tính Văn bản pháp luật 10/2015/TT-BCT

Loại văn bảnThông tư
Số hiệu10/2015/TT-BCT
Cơ quan ban hành
Người ký
Ngày ban hành29/05/2015
Ngày hiệu lực12/07/2015
Ngày công báo...
Số công báo
Lĩnh vựcDoanh nghiệp, Thương mại
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Lược đồ Circular No. 10/2015/TT-BCT issue revocation and duration of electricity activity permit


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          Văn bản hiện thời

          Circular No. 10/2015/TT-BCT issue revocation and duration of electricity activity permit
          Loại văn bảnThông tư
          Số hiệu10/2015/TT-BCT
          Cơ quan ban hànhBộ Công thương
          Người kýHoàng Quốc Vượng
          Ngày ban hành29/05/2015
          Ngày hiệu lực12/07/2015
          Ngày công báo...
          Số công báo
          Lĩnh vựcDoanh nghiệp, Thương mại
          Tình trạng hiệu lựcKhông xác định
          Cập nhật6 năm trước

          Văn bản gốc Circular No. 10/2015/TT-BCT issue revocation and duration of electricity activity permit

          Lịch sử hiệu lực Circular No. 10/2015/TT-BCT issue revocation and duration of electricity activity permit