Thông tư 19/2014/TT-BCT

CIRCULAR

ISSUING THE POWER PURCHASE AGREEMENT FOR DOMESTIC USE

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

Pursuant to Law on Electricity dated December 03, 2004; Law on amendments to Law on Electricity dated November 20, 2012;

Pursuant to Decree No. 137/2013/ND-CP dated October 21, 2013 by the Government detailing the implementation of a number of articles of Law on Electricity and Law on amendments to Law on Electricity;

At the request of Director of Electricity Regulatory Authority,

The Minister of Industry and Trade promulgates the Circular issuing the Power Purchase Agreement (PPA) for domestic use.

Article 1. Issuance of PPA sample

The Sample of the Power purchase agreement for domestic use (hereinafter referred to as the Agreement) is enclosed with this Circular, applicable to Power purchase agreement between electricity retailers (hereinafter referred to as the Seller) and people using power for domestic use (hereinafter referred to as the Buyer).

Article 2. Conclusion of agreement and language in the agreement

1. At an electrical delivery point

a) The Buyer being a household using a family register or a temporary residence register to apply for electrical delivery shall conclude only 1 Agreement.

b) If the family register/temporary residence register are unavailable, only one of the following papers is accepted for purchase of power: Certificate of ownership towards housing or the decision of house division; valid house purchase contract; land use right certificate (on land with housing construction); authorization of management and use of house that is notarized or certified. All of such paper shall be used for conclusion of only 1 Agreement.

2. The Buyer is the person who leases housing to fulfill regulations on power selling price regulated by the Ministry of Industry and Trade.

3. Multiple households sharing power supply may conclude 01 agreement as one Buyer; price for such Buyer will be calculated according to Regulation on power selling prices of the Ministry of Industry and Trade.

4. Language of the Agreement shall be Vietnamese.

Article 3. Signatories of the Agreement

A signatory of the Agreement shall be a person having fully civil act capacity who is the owner or the person who is authorized in papers used for power purchase as prescribed in Point a Clause 1 Article 11 of Decree No. 137/2013/ND-CP dated October 21, 2013 by the Government.

Article 4. Duration of the Agreement

Duration of the agreement shall be agreed by the two parties. If the two parties cannot arrange the duration of the Agreement, the duration of the Agreement shall be calculated from the day on which Agreement is signed until it is amended or terminated.

Article 5. Organization of implementation

The Seller shall publish at their office the sample of Power Purchase Agreement enclosed with this Circular and use such sample for agreements that are concluded from the effective date of this Circular.

Article 6. Effect

1. This Circular comes into effect from August 05, 2014.

Decision No. 08/2006/QD-BCN dated April 12, 2006 by the Minister of Industry shall be annulled by the effect of this Circular.

Any Agreement that is signed before the effective date of this Circular shall be applicable until the expiry date of the agreement During the implementation of the Agreement, parties shall comply with regulations of Law on Electricity and Law on amendments to a number of Law on Electricity and their guiding documents. If the Buyer wishes to conclude a new Agreement before the expiry date of the current one, the Seller shall make arrangement to conclude a new Agreement.

2. Difficulties that arise during the implementation of this Circular should be reported to the Electricity Regulatory Authority for solution./.