Thông tư 27/2013/TT-BCT

Circular No. 27/2013/TT-BCT dated 31 October, 2013, providing for inspection of electricity use, activity and settlement of dispute over electricity sale contract

Nội dung toàn văn Circular No. 27/2013/TT-BCT inspection electricity use activity settlement dispute electricity sale contract


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

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

No.: 27/2013/TT-BCT

Hanoi, 31 October  2013

 

CIRCULAR

PROVIDING FOR INSPECTION OF ELECTRICITY USE, ACTIVITY AND SETTLEMENT OF DISPUTE OVER ELECTRICITY SALE CONTRACT

Pursuant to Decree No. 95/2012 / ND-CP dated 12/11/ 2012 of the Government regulating the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Electricity Law dated 03/12/2004; the Law amending and adding some articles of the Electricity Law dated 20/11/2012;

Pursuant to the Decree No. 137/2013/ND-CP dated 21/10/2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and adding some articles of the Electricity Law.

Pursuant to the Decree No. 134/2013/ND-CP dated 17/10/ 2013 of the Government providing for the sanction of administrative violation in the field of electricity, hydroelectric dam and effective and economical use of energy.

At the request of Director of Electricity Regulatory Authority of Vietnam;

The Minister of Industry and Trade issues this Circular providing for inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular provides for:

1. The order to inspect the electricity activities in the fields: Consultation of electricity, generation, transmission, wholesaling, retailing; inspection of compliance with regulations of law on electricity use, safe protection of electricity works and grid.

2. Standard, Duties and power of electricity inspector.

3. Order of settlement of dispute over electricity sale contract.

Article 2. Subjects of application

This Circular applies to organizations and individuals involved in electricity activities, use and other relevant activities.

Article 3. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Damage compensation means the offending party makes compensation for losses due to breach caused to the aggrieved party. The value of damage compensation includes the actual and direct loss value suffered by the aggrieved party which the offending party has caused and the direct benefits which the aggrieved party should have enjoyed in case of no breach. The party requiring damages must show proof and degree of loss caused by breach and direct benefits which the aggrieved party should have enjoyed in case of no breach.

2. Electricity unit operating in regions is the electricity transmitting units, electricity distributing units, electricity wholesaling units and electricity retailing units which operate within 02 or more provinces.

3. Acts of administrative violation in electricity field are the acts specified in Decree No. 134/2013/ND-CP dated 17/10/2013 of the Government providing for the sanction of administrative violation in the field of electricity, safety of hydroelectric dam and effective and economical use of energy.

4. Electricity sale contract includes the electricity sale contract for the purpose of living, production, business, services, administration, irrigation pumping and electricity wholesaling contract subject to application of electricity price as stipulated by the competent state authority.

5. Unforeseen event is the event which occurs objectively and cannot be foreseen and remedied in spite of taking all necessary measures and allowable capability.

Article 4. Authority to inspect the electricity operation and electricity use

1. The electricity inspector of the Ministry of Industry and Trade and of the Department of Industry and Trade and of the professional divisions of People’s Committee of districts, towns, provincial cities (hereafter referred to as district-level electricity inspector) has the right to inspect the compliance with regulations of law on electricity operation, electricity use and electricity safety.

2. The electricity inspector of the electricity wholesaling units and the electricity retailing units has the right to inspect the compliance with regulations of law on electricity use.

3. The electricity inspector of the electricity transmitting units and electricity distributing units has the right to inspect the compliance with regulations of law on safety protection of electricity works and grid.

Article 5. Authority to settle dispute over electricity sale contract

1. The Department of Industry and Trade has the authority to settle dispute over electricity sale contracts with the voltage under 110 kV if the parties have not conducted the civil proceedings or commercial arbitration and request the Department of Industry and Trade to settle their disputes.

2. The Electricity Regulatory Authority of Vietnam has the authority to settle dispute over electricity sale contracts with the voltage of 110 kV or more if the parties have not conducted the civil proceedings or commercial arbitration and request the Electricity Regulatory Authority of Vietnam to settle their disputes.

Chapter 2.

ELECTRICITY INSPECTOR

Article 6. Duties and power of electricity inspector of Ministry of Industry and Trade

The inspector of Ministry of Industry and Trade shall perform Duties and power of inspection nationwide as follows:

1. Inspects the compliance with obligations of electricity units and their customers as stipulated in Clause 2 of Article 39, Clause 2 of Article 40, Clause 2 of Article 41, Clause 2 of Article 43, Clause 2 of Article 44, Clause 2 of Article 45, Clause 2 of Article 46, Clause 2 of Article 47 of the Electricity Law and Clause 17 of Article 1 of the Law amending and adding some articles of the Electricity Law.

2. Inspects the compliance with regulations of law on electricity safety.

3. Detects and prevents the prohibited acts specified in Article 7 of the Electricity Law.

4. Inspects the duty performance of electricity inspector of Department of Industry and Trade, the district-level electricity inspector and the electricity inspector of electricity units.

5. Requires the electricity units to stop or reduce the electricity supply, the electricity user to cut or reduce the power consumption in case of threat to human life and safety equipment.

6. Requires the relevant organizations and individuals to provide the pertinent information, documents and proof for inspection and handling.

7. Makes record of inspection and record of administrative violation, record of temporary seizure of exhibit or means of violation in case of detection of electricity theft.

Article 7. Duties and power of electricity inspector of Department of Industry and Trade

The electricity inspector of Department of Industry and Trade and the district-level electricity inspector shall perform their Duties and power of inspection under their management, including:

1. The electricity inspector of Department of Industry and Trade shall inspect the compliance with obligations of electricity units and their customers as stipulated in Clause 2 of Article 39, Clause 2 of Article 40, Clause 2 of Article 41, Clause 2 of Article 43, Clause 2 of Article 44, Clause 2 of Article 45, Clause 2 of Article 46, Clause 2 of Article 47 of the Electricity Law and Clause 17 of Article 1 of the Law amending and adding some articles of the Electricity Law.

2. Inspect the compliance with regulations of law on electricity safety.

3. Detect and prevent the prohibited acts specified in Article 7 of the Electricity Law.

4. The electricity inspector of Department of Industry and Trade has the right to inspect the performance of duty of district-level electricity inspector and electricity inspector of electricity unit.

5. Require the electricity units to stop or reduce the electricity supply, the electricity user to cut or reduce the power consumption in case of threat to human life and safety equipment.

6. Require the relevant organizations and individuals to provide the pertinent information, documents and proof for inspection and handling.

7. Make record of inspection and record of administrative violation, record of temporary seizure of exhibit or means of violation in case of detection of electricity theft.

Article 8. Duties and power of electricity inspector of electricity unit

The electricity inspectors of the electricity transmitting units, electricity distributing units, electricity wholesaling units and electricity retailing units shall perform the duties and power of inspection under their management as follows:

1. Duties and power of electricity inspectors of the electricity transmitting units and, electricity distributing units

a) Inspect the compliance with regulations of law on protection of electrical equipment, electricity works and safety;

b) Inspect and prevent in a time manner the violation of electricity safety specified in Article 7 of the Electricity Law.

c) Notify in a timely manner the unit directly managing the transmission grid and distribution grid in case of detection of threats to human life and safety equipment;

d) Make record of inspection and record of administrative violation

2. Duties and power of electricity inspectors of the electricity wholesaling units and electricity retailing units

a) Inspect the implementation of electricity buyer’s electricity sale contract;

b) Inspect the safe, effective and economical use of electricity;

c) Inspect the power cut and reduction in power consumption from the electricity user;

d) Inspect and prevent in a time manner the violation of electricity safety specified in Article 7 of the Electricity Law.

dd) Require the electricity user to cut power or reduce power consumption in case of detection of threats to human life and safety equipment;

e) Require the electricity buyer to provide necessary information and documents in service of inspection.

g) Make record of inspection and record of administrative violation, record of temporary seizure of exhibit or means of violation in case of detection of electricity theft.

Article 9. Criteria for electricity inspector

1. The electricity inspectors of the Ministry of Industry and Trade must meet the following standards:

a) Have university degree or higher level on specialized electricity;

b) Have worked in the field of state management on electricity activities and electricity use or performed work of technical management and electricity business for 5 years or more;

c) Have received the knowledge of state management and law on electricity activities and electricity use;

d) Thoroughly grasp the technical procedures, criteria for electricity, safety and regulations on inspection of electricity activities and electricity use; be able to study, detect, analyze, aggregate and recommend resolutions in function of inspection activities.

dd) Be healthy and have good moral character, have a sense of responsibility, honesty, impartiality and objectivity.

2. The electricity inspectors of Department of Industry and Trade and the district-level electricity inspectors must meet the following standards:

a) Have college degree or higher level on specialized electricity;

b) Have worked in the field of state management on electricity activities and electricity use or performed work of technical management and electricity business for 3 years or more;

c) Have received the knowledge of state management and law on electricity activities and electricity use; worked in the professional division in function of monitoring activities in the field of electricity by the time of requesting the issue of card of electricity inspector.

d) Thoroughly grasp the technical procedures, criteria for electricity, safety and regulations on inspection of electricity activities and electricity use; be able to study, detect, analyze, aggregate and recommend resolutions in function of inspection activities.

dd) Be healthy and have good moral character, have a sense of responsibility, honesty, impartiality and objectivity.

3. The electricity inspector of of the electricity transmitting units, electricity distributing units, electricity wholesaling units and electricity retailing units must meet the following standards:

a) Have intermediate level or higher of specialized electricity for the electricity inspector of electricity transmitting units, electricity distributing units, have intermediate level or higher of specialized electricity or electrical workers from grade 5/7 or more for the electricity inspector of electricity wholesaling units and electricity retailing units.

b) Have worked in the field of state management on electricity activities and electricity use or performed work of technical management and electricity business for 3 years or more;

c) Have received the knowledge of state management and law on electricity activities and electricity use;

d) Thoroughly grasp the technical procedures, criteria for electricity, safety and regulations on inspection of electricity activities and electricity use; be able to study, detect, analyze, aggregate and recommend resolutions in function of inspection activities.

dd) Be healthy and have good moral character, have a sense of responsibility, honesty, impartiality and objectivity.

Article 10.Training and testing of electric power inspector

1. The Electricity Regulatory Authority of Vietnam shall organize the training and testing and issue Certificate of satisfactory testing to the electricity inspectors of Ministry of Industry and Trade, Department of Industry and Trade, Electricity Regulatory Authority of Vietnam and the electricity units operating in regions

2. The Department of Industry and Trade shall organize the training and testing and issue Certificate of satisfactory testing to the district-level electricity inspectors and the electricity inspectors of electricity units in provincial areas.

3. The testing is conducted every 05 years. The Certificate of satisfactory testing is valid for 05 years.

4. The funding for training and testing the electricity inspectors shall be born by the managing Agency and unit of the person requesting the issue of electricity inspector card under regulations on accounting and finance.

Article 11. Authority to issue electricity inspector card

1. Director of Electricity Regulatory Authority of Vietnam shall issue the electricity inspector card to the electricity inspectors of the Ministry of Industry and Trade, Department of Industry and Trade, Vietnam Electricity and the electricity units operating in regions.

2. Director of Department of Industry and Trade shall issue the electricity inspector card to the district-level electricity inspectors and the electricity units in provincial areas.

Article 12. Order and procedures for issue and revocation of electricity inspector card

1. Order and procedures for issue of electricity inspectors

a) The dossier for issue of electricity inspector cards to the electricity inspectors of Department of Industry and Trade, Vietnam Electricity and electricity units operating in regions shall be sent to the Electricity Regulatory Authority of Vietnam;

b) The dossier for issue of electricity inspector cards to the district-level electricity inspectors and the electricity inspectors of electricity units in provincial areas shall be sent to the Department of Industry and Trade;

c) The dossier for first issue of electricity inspector cards includes (01 set):

- Request for issue of electricity inspector card;

- Valid copy of professional diploma or worker salary scale raise decision;

- Certificate of satisfactory testing for electricity inspector;

- Two 2 x 3 cm photos.

- Declaration of working process with certification of Agency or unit;

d) The dossier for issue of electricity inspector card when it is expired includes (01 set):

- Request for issue of electricity inspector card;

- Certificate of satisfactory testing for electricity inspector;

- Two 2 x 3 cm photos.

dd) Within 05 working days after fully receiving valid dossier, the Electricity Regulatory Authority of Vietnam and Department of Industry and Trade shall issue the electricity inspector card. In case of failure to issue the card, the Electricity Regulatory Authority of Vietnam and Department of Industry and Trade shall reply in writing stating the reasons.

2. The order and procedures for re-issue of electricity inspector card in case of loss or damage

a) The electricity inspector must report in writing to the head of direct managing unit on reasons of loss or damage;

b) The dossier for re-issue of electricity inspector includes (01 set):

- Request for re-issue of card from the managing unit of electricity inspector;

- Application for re-issue of card of the electricity inspector;

- Two 2 x 3 cm photos.

- Electricity inspector card in case of damage.

c) Within 05 working days after fully receiving valid dossier, the Agency issuing the card shall verify the kept dossier and re-issue the electricity inspector card according to the expiry date of old card;

3. Recovery of electricity inspector card

a) The environmental protection card shall be revoked in the following cases:

- When it is expired;

- When the electricity inspector shifts to another job or moves to another area;

- When the electricity inspector is subject to criminal settlement, handling of administrative violation in the field of electricity;

- When the electricity inspector is disciplined by the unit managing the electricity inspectors with recommendation of card revocation;

- When the electricity inspector no loger meets the standards of an electricity inspector;

b) The unit managing the electricity inspectors shall revoke and destroy the electricity inspector cards in cases specified under Point a of this Clause and make a written report to the Agency issuing the card within 10 days after revocation.

Article 13. Card sample and expiry date of electricity inspector card

1. The electricity inspector card is 58 mm x 90 mm in size specified in Annex 1 issued with this Circular and is valid for 05 years.

2. The pink card is issued to the electricity inspectors of the Ministry of Industry and Trade, Department of Industry and Trade and district-level electricity inspectors;

3. The orange card is issued to the electricity inspectors of electricity units to inspect the electricity use.

4. The light  yellow card is issued to the electricity inspectors of electricity units to inspect the protection of electrical equipment and electricity works and safety.

Article 14. Responsibility of electricity inspector

The electricity inspectors shall take responsibility before law for their acts during inspection. Where the electricity inspectors have acts of violation, they shall be disciplined, handled for administrative violation or prosecuted for criminal liability depending on the seriousness in accordance with laws and their electricity inspector cards shall be revoked as stipulated under Point a, Clause 3, Article 12 of this Circular. In case of damages, they must make compensation as stipulated by law.

Chapter 3.

INSPECTION OF ELECTRICITY ACTIVITIES AND ELECTRICITY USE

Article 15. Form of inspection

The inspection of electricity activities and electricity use is done in the following form:

1. The planned inspection is the form of inspection which is informed in advance to the electricity units, organizations and individuals using electricity;

2. The unplanned inspection is the form of inspection which is not informed in advance and is done upon requirement of the competent state authority, the electricity units or upon the detection of signs of violation of regulations of law on electricity activities and electricity use.

Article 16. Principle of inspection of electricity activities and electricity use

1.The electricity inspectors only performs the inspection when they are assigned duty or has the right to perform the unplanned inspection if detecting signs of violation but must report to their direct manager in a timely manner.

2. Upon inspection, the inspecting party must organize the inspection team or authorization with team leader or authorization head in which there must be at least 01 (one) electricity inspector. The electricity inspector must present his electricity inspector card and inform the inspection content to the inspected party.

3. The inspection must be done in the presence of representative of inspected party.

In case of absence of inspected party’s representative, the electricity inspector shall invite at least 02 witnesses having full civil act capacity or local government’s representative or regional policeman to witness the inspection.

4. When detecting the act of electricity theft, the electricity inspector has the right to take necessary measures to protect the scene before presenting his electricity inspector card and shall take responsibility before for his acts.

5. The electricity inspector must make a record of inspection and write all contents of inspection in accordance with regulation; make a record of administrative violation upon detection of acts of administrative violation in the field of electricity; make a record of temporary seizure of exhibit and means of violation in case of detection of electricity theft.

6. The electricity metering devices used by the electricity inspector during the inspection must be tested and calibrated in accordance with regulations.

Article 17. Order of inspection of electricity activities and electricity use

1. Planned inspection

a) The inspection plan must be approved by the head of state management Agency or electricity unit and sent to the relevant organizations or individuals;

b) The inspecting party shall give a notice to the inspected party of the time of inspection at least 05 days in advance.  The notice must be signed by the competent person with the contents, location, time and members of inspection team.

c) When receiving the notice, the inspected party must prepare all as required and appoint its responsible employees to work with the inspection team. The inspected party has the right to deny the inspection if the inspecting party fails to comply properly with the informed contents.

2. Unplanned inspection

The unplanned inspection is done in the following cases:

a) The inspections is done under the duties assigned by the Agency and unit managing the electricity inspectors. The inspector must comply with the provisions in Clause 2 and 3, Article 16 of this Circular.

In case of detection of violation, the electricity inspector must take measures to prevent it in a timely manner. Where the case is beyond his authority, he must inform the competent person for resolution.

b) The inspection is done from detecting violation by the electricity inspector

The electricity inspector may conduct the inspection when the conditions are met as specified in Clause 2, 3 and 4, Article 16 of this Circular. In case of ineligibility, he mus inform the responsible person to carry out the inspection in a timely manner;

c) In extraordinary case, the electricity inspector needs to go into the people’s house to inspect the electricity use from 22:00 PM to 6:00 AM, the inspecting party must coordinate with the local policeman or authority to carry the prescribed inspection.

Article 18. Content of inspection of electricity activitiy

1. The electricity inspector shall fulfill the obligations specified in the Electricity Law and the Law amending and adding some articles of the Electricity Law and the guiding documents; inspect the maintenance of conditions of electricity activities under the issued Permit of electricity activities.

2. Inspection of electricity quality

a) Voltage;

b) Frequency;

c) Other electricity quality criteria in accordance with regulations on grid as needed.

3. Inspection of electricity metering devices, including: electric meter and electric clock and accompanied devices and accessories; integrity of seal of power metering power; record of hanging and removal of electric meter, power metering devices and other relevant documents.

4. Inspection of protection of electrical equipment, electricity works and safety.

5. Inspection of fulfillment of obligations specified in electricity sale contract.

6. Inspection of compliance with regulations on suspension or reduction in electricity supply.

Article 19. Contents of inspection of electricity use

1.Inspection of voltage.

2.Inspection of capacity and capacity coefficient.

The capacity and capacity coefficient are defined by metering directly or indirectly through other metering devices at the time of inspection. For capacity during the rush hour, meter 03 times during the inspection then, take the largest numeric value of capacity of 01 out of 03 times.

3. Inspection of power metering system and the relevant dossiers, including: voltage transformers for measurement, current transformer for measurement, wiring diagram, integrity of seal of power metering system; record of hanging and removal of meter, power metering devices and other relevant documents.

4.Inspection of compliance with regulations on electricity safety.

5. Inspection of fulfillment of obligations specified in electricity sale contract and other obligations specified in the Electricity Law, the Law amending and adding some articles of the Electricity Law and the guiding documents

Article 20. Inspection and detection of electricity theft

1. In case of inspecting and detecting the electricity theft, the electricity inspector shall make a record of inspection and record of administrative violation. In the record of inspection, there must be the following contents:

a) Description of acts of electricity theft and parameters related to the calculation and handling of violation of electricity use;

b) Drawing of electricity theft diagram;

c) Other evidence like means of theft, photographs, videotapes, electronic data (if any).

2. In case of temporary seizure of exhibits or means used for electricity theft, the electricity inspector shall make a record of temporary seizure of exhibits or means of violation under the form specified in Appendix 3 issue with this Circular and seal such exhibits or means (the seal must be signed by the electricity inspector, the inspected party’s representative and other prescribed components).

3. The electricity inspector shall inform the electricity seller to stop the electricity supply.

Article 21. Inspection of power metering system

The inspection of power metering system (voltage transformers for measurement, current transformer for measurement, seal and wiring diagram ) is done under the following regulation:

1. In case of inspecting and detecting the electric meter is lost or the power metering system is damaged or at improper location or has unusual signs, the electricity inspector shall specify the current condition and recommend the resolution in the record of inspection.

2. The removal of power metering device for inspection in case the power metering system is damaged or has unusual signs, the electricity inspector must comply with the following regulations:

a) Inform the electricity seller of the removal of power metering system so that it can send its employee to do it.

b) The seal of assessment organization must be kept intact. The other electric devices and seal shall be seized, packaged and sealed (the seal must be signed by the electricity inspector, the electricity seller and the buyer’s representative).

c) Making a record with the contents such as time, inspection location, detailed description of current condition, unusual signs of the power metering system and reasons for removal of power metering system.

3.The relevant parties shall witness together the inspection and verification of electricity metering device from the assessment organization; in case of absence during the inspection without plausible reasons, the absent party still has to acknowledge the result of inspection.

4. The method for determining the power output in case the electric meter is lost, the power metering system is operating incorrectly or stops operating shall comply with the provisions in Clause 2, 3 and 4, Article 20 of Decree No. 137/2013/ND-CP dated 21/10/ 2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and adding some articles of the Electricity Law.

Article 22. Record of inspection

1.The record of inspection is made under the form specified in Appendix 3 issued with this Circular. The record of inspection is made into 03 copies, the inspecting party keeps 02 copies and the inspected party keeps 01 copy. The record must be sealed and numbered for management; the record of inspection which has been used, including the ones with wrong recording or cancellation must be fully managed and kept under regulation.

2. The record of inspection must have the full name of participants of inspection, the inspected party’s representative and the witness (if any). If the inspected party does not agree with the contents written in the record of inspection, it has the right to write its opinions at the end of record.

3.The record of inspection must have all signatures of electricity inspector, the inspected party’s representative and the witness (if any).

Where the inspected party denies signing the record, the record maker must specify the reasons. This record is still legally valid for resolution when it has the signature of at least 02 witnesses with full civil act capacity or local government’s representative or local policeman.

4. In case of detecting many acts of violation of regulations on electricity activities or electricity use, each act of violation must be described clearly, completely and correctly in the record of inspection.

Article 23. Record of administrative violation

1. In the event of detecting acts of administrative violation in the field of electricity, in addition to making a record of inspection as stipulated in Article 22 of this Circular, the electricity inspector shall make a record of administrative violation under the form specified in Appendix 3 issued with this Circular and forward this record to the person having the authority to sanction in accordance with regulation.

2. In case of detecting the acts of electricity theft specified in Clause 9, Article 12 of Decree No. 134/2013/ND-CP dated 17/10/2013 of the Government stipulating the sanction of administrative violation in the field of electricity, safety of hydroelectric dam, effective and economical use of energy, the electricity inspector shall make a record of administrative violation. The identification of stolen power output and the corresponding compensation amount is calculated under the provisions of Article 32 of this Circular.

3. The record of administrative violation is made into 03 copies; the inspecting party keeps 01 copy, the inspected party keeps 01 copy and 01 copy is sent to the Agency having the authority to sanction. The record is affixed with seal and numbered for management. The record of inspection which has been used, including the ones with wrong recording or cancellation must be fully managed and kept under regulation.

Article 24. Transfer of record and dossier of violation of electricity activities and electricity use

1.The record of inspection is made by the electricity inspector of the electricity unit.

a) Where the electricity buyer does not breach the electricity sale contract, the record of inspection is kept at the electricity unit;

b) Where the electricity buyer breaches the electricity sale contract, the record of inspection and the offending evidence are kept at the electricity unit for handling.

2. The record of inspection shall be made by the electricity inspectors of the Ministry of Industry and Trade, Department of Industry and Trade and the district-level electricity inspectors.

a) Where the electricity buyer or the electricity seller does not breach the electricity sale contract, the record of inspection shall be kept in the Ministry of Industry and Trade, Department of Industry and Trade or professional division of district People’s Committee.

b) In case of acts of violation of regulations specified in Article 13 of Decree No. 137/2013/ND-CP dated 21/10/2013 of the Government stipulating the implementation of some articles of the Electricity Law and the Law amending and adding some articles of the Electricity Law, the record of inspection shall be sent to the aggrieved party for handling within 02 working days after the record is made.

3. In case of administrative violation in the field of electricity, the record of inspection and record of administrative violation shall be sent to the person having the authority to sanction the administrative violation within 02 working days after the record is made and simultaneously duplicated and sent to the electricity units having the relevant rights and obligation for information.

4. Where the acts of violation have signs of violation of criminal law, the dossier, exhibits and means of violation shall be sent to the investigation Agency for handling in accordance with regulations of law.

Chapter 4.

SETTLEMENT OF DISPUTE OVER ELECTRICITY SALE CONTRACT

Article 25. Principles to settle disputes over electricity sale contract

1. The settlement of disputes over electricity sale contract must comply with regulations of law.

2. The settlement of disputes over electricity sale contract must be based on the agreement in the contract signed between the electricity buyer and seller.

3. The Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade only settle the disputes where both parties fail to negotiate and reach to an agreement upon requesting the settlement from the Electricity Regulatory Authority of Vietnam and the Department of Industry and Trade.

Article 26. Order of settlement of disputes over electricity sale contract

1.Before requesting the settlement from the Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade, the parties shall have to conduct their own negotiations.

2. Where the negotiations fail, either party has the right to send a written request to settlement from the Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade under its authority.

3. Dossier for settlement of dispute.

a) A written request for settlement of dispute.

b) Negotiation minutes or other documents evidencing the dispute cannot be settled by both parties;

c) A valid copy of electricity sale contract;

d) Electricity operation permit (if any);

dd) Documents evidencing the request for settlement of dispute are grounded and legal.

e) Documents and evidence related to the case.

4. Within 05 working days after receiving the request for settlement of dispute, the Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade shall inform the relevant parties of receipt of settlement of dispute and require the relevant parties to provide dossiers and documents; perform the actual inspection (in case of necessity), verify and complete such dossiers. In case of denying the request for settlement of dispute, the Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade shall reply in writing stating the reasons.

5. Within 20 working days after receiving the valid dossier, the Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade shall hold a meeting for reconciliation and reach a conclusion of settlement of dispute.

For complex cases, the organization of meeting for reconciliation and conclusion of settlement of dispute must not exceed 40 working days after receipt of valid dossier.

6. If either party does not agree with the conclusion of the Electricity Regulatory Authority of Vietnam or the Department of Industry and Trade, it has the right to refer the dispute to the commercial arbitration or initiate a lawsuit at the Court for settlement.

Article 27. Responsibility of relevant parties in settlement of

1.Responsibility of parties having disputes over electricity sale contract.

a) Ensure the truthfulness of documents and information of dispute provided for the dispute settling Agency;

b) Coordinate and create favorable conditions for the dispute settling Agency to collect all information and actual inspection (in case of necessity).

c) Take measures within allowable ability or as required by the dispute settling Agency to minimize damages.

2. Responsibility of Agency settling disputes over electricity sale contract

a) Give objective conclusion based on the dossier for settlement of dispute and evidence provided by the parties during the settlement of dispute;

b) Respect the agreements not in contradiction with law and right to negotiate between the parties having disputes over electricity sale contract during the settlement.

c) In case of detecting signs of law violation beyond its settlement authority, inform and transfer dossier to the Agency with settlement authority in accordance with regulations of law.

Article 28. Penalty for violation of contract obligations and damage compensation

1. The rate of penalty for breach of contract obligations is based on the agreements specified in contract but not exceeding 8% of value of obligation of breached contract.

Where the parties do not have agreements upon penalty for breach, the aggrieved party only has the right to require the damage compensation.

Where the parties have agreements upon penalty for breach, the aggrieved party has the right to apply the sanction and penalty for breach with required damage compensation.

2. The rate of damage compensation due to breach of contract obligations is based on the agreements in the contract. If there is no agreement in the contract, follow the regulations of law.

3. The method of determining the obligation of breached contract and value of damage compensation to each act of violation is specified in Article 29, 30, 31 and 32 of this Circular. Both parties shall reach an agreement in case of generated damages.

4. The time limit for payment of damage compensation is agreed upon by both parties but must not exceed 15 days from the date of acceptance of requirement for damage compensation. If such time limit is over, the offending party must pay the late payment interest over the amount of damage compensation as stipulated by law.

5. Within 15 days after receiving the notice for required payment of penalty, the breaching party must make payment of penalty for contract breaching to the aggrieved party; if such time limit is over, the offending party must pay the late payment interest over the amount of damage compensation as stipulated by law.

Article 29. Method for calculating the obligation of breached contract for the electricity seller’s acts of violation

1. Delaying the power supply according to the terms agreed in the signed electricity sale contract.

a) Making compensation to the electricity buyer of an amount equal to the direct damage suffered by the electricity buyer due to acts of breach.

b) The rate of penalty for contract breach is agreed upon in the contract and is based on the value of obligation of breached contract.

The value of obligation of breached contract is determined equal to the value of power output agreed upon in contract and is calculated based on the registered capacity, the time of daily electricity purchase registration, electricity price specified in electricity sale contract and a number of delaying days which are determined from the time of commitment to power supply to the time of being supplied with power based on the following formula:

T = A x g x n

In which

- T: Value of obligation of breached contract (dong);

- A: Power of defined day based on the parameters registered in electricity sale contract (KWh/day);

- g: Electricity price (d/kWh) to calculate the compensation calculated at the highest price in the signed electricity sale contract;

- n: Number of delayed days

2. Selling electricity without power quality and quantity assurance under the signed contract causing damages to the electricity buyer.

a) Making compensation to the electricity buyer equal to the directly actual damage value the electricity buyer have suffered caused by electricity seller and the direct profits the electricity buyer should have enjoyed if there is no acts of violation.

b) The penalty for breach of contract obligations is agreed upon by both parties in the contract and is based on the value of obligation of breached contract.

The value of obligation of breached contract is determined by the value of power output agreed upon in the contract and is calculated based on the registered capacity, electricity price recorded in the electricity sale contract and time of electricity selling without power quality and quantity assurance by the following formula:

T = P x t x g

In which:

- T: Value of obligation of breached contract (dong);

- P: Capacity registered in electricity sale contract (kW);

- t: Time of electricity selling without power quality and quantity assurance (hour);

- g: Electricity price (d/kWh) for compensation calculated at the highest price in the signed electricity sale contract.

3. Incorrectly reading power index or incorrect calculating invoices causing damages to the electricity buyer.

a) The electricity sellter must refund the excessive amount collected plus its interest agreed upon by the two parties in the contract to the electricity buyer.

b) The penalty for violation of contract obligations is agreed upon by the two parties in the electricity sale contract.

Article 30. Method for calculating the obligation of breached contract for the electricity buyer’s acts of violation

1. Delaying the implementation of signed contract causing damages to the electricity seller

a) Making compensation to the electricity seller an amount equal to the direct damage suffered by the electricity seller due to the acts of violation ;

b) The penalty for breach of contract obligations is agreed upon by both parties in the contract and is based on the value of obligation of breached contract.

The value of obligation of breached contract is determined by the value of power output agreed upon in the contract and is calculated based on the registered capacity, the time of daily electricity purchase registration, electricity price recorded in the electricity sale contract and a number of delayed days determined from the time of commitment to implementing the contract to the time the contract is implemented by the following formula:

T = A x g x n

In which:

- T: Value of obligation of breached contract (dong);

- A: Power of defined day based on the parameters registered in electricity sale contract (capacity multiplied by the time of daily electricity purchase) ;

- g: Electricity price (d/kWh) to calculate the compensation calculated at the highest price in the signed electricity sale contract;

- n: Number of delayed days

2. Using power improperly at the price higher than the one agreed upon in contract.

a) Making compensation for damages to the electricity seller with an amount of price difference during the time of violation of power use purpose plus the interest of amount of price difference agreed upon in contract. Where the time of violation of power use purpose cannot be determined, the time of 12 months is calculated.

b) The penalty for violation of contract obligations is agreed upon by the two parties in the electricity sale contract.

3. Using the excessive capacity registered in the load diagram specified in the electricity sale contract during the rush hour.

a) The electricity buyer must make compensation to the electricity sellter in the event it causes damages to the electricity seller ;

b) The penalty for breach of contract obligations is agreed upon by both parties in the contract and is based on the value of obligation of breached contract.

The value of obligation of breached contract is determined by the following formula :

T = DP x t x g

In which:

- T: Value of obligation of breached contract (dong);

- DP is the breaching capacity during the rush hour equal to the highest usable capacity minus the capacity registered in the load diagram at the corresponding time;

- t: Number of actual breaching hours (counted as 01 hour if less than 01 hour)

- g: Electricity price during the rush hour based on tariff stipulated by the competent state Agency during the time of compensation calculation (d/kWh).

4. Failing to cut the power or reducing the rate of power consumption in a timely manner upon receipt of electricity seller’s notice in cases specified in Article 27 of the Electricity Law.

a) The electricity buyer must make compensation to the electricity seller if it causes damages to the electricity seller;

b) The penalty for violation of contract obligations is agreed upon by the two parties in the electricity sale contract.

5. Making late payment of electricity bill

a) The handling of late payment of electricity bill is done under the provisions in Clause 2 and 4, Article 23 of the Electricity Law ;

b) The penalty for violation of contract obligations is agreed upon by the two parties in the electricity sale contract.

Article 31. Compensation for damages in case of sale of wrong price stipulated by the competent authority

The electricity sellter must refund the excessive amount collected plus its interest agreed upon by the two parties in the contract to the electricity buyer.

Where the time of application of wrong price cannot be determined, the time of 12 months is calculated.

Article 32. Compensation for damages in case of electricity theft

1. The offending party must make compensation for damages to the aggrieved party in proportion to the value of power value lost due to electricity theft determined by the following formula:

T = ABT x g = (ASD - A) x g

T: Compensation (dong) ;

ABT: Power output to be compensated (kWh);

ASD: Used power output of power consuming devices during the time of violation (kWh);

A: Power output showed in the electricity bill during the time of violation (kWh);

g: Electricity price (d/kWh) used for compensation is calculated at the highest price for the purpose of actual electricity use according to the electricity tariff applied at the time of detection.

Where the inspected party commits acts of electricity theft for use for a lot of purposes, the electricity price used for calculating the compensation is determined based on the highest price of electricity tariff in the purposes of use of the inspected party.

2. The method for determining the used power output (ASD) is as follows :

a) The method for determining the used power output is based on the tested error of electric meter.

Where the offending party uses the unique way as the intervention which causes the error of electric meter for electricity theft and this error is determined by the inspection. The used power output is calculated based on the highest number of error of electric meter determined by the independent inspection Agency and applied by the following formula:

s: Greatest error in the tested errors of electric meter (calculated by %);

Abqn: Daily power output is equal to the daily average used power of invoice period with the highest daily average power during the period of violation.

Where the time of violation cannot be determined, the period of violation is calculated from the last date of inspection or the last time of replacement, repair or periodical testing of power metering system until the detection but not exceeding 12 months.

n: Number of days calculated for compensation (day).

b) The method for determining the used power output for other ways of electricity theft or the method specified under Point a of this Clause cannot be applied.

Step 1: Determining the capacity

Based on the actual inspection to determine the highest capacity number among the capacity numbers possibly determined by the following ways:

Way 1: Total capacity metered by the time of inspection and detection of violation.

Way 2: Highest capacity in the load diagram registered in the electricity sale contract.

Way 3: Capacity of power consuming devices in the list of device capacity registered in the electricity sale contract (for the electricity sale contract in service of production, business and services).

Way 4: Capacity of power consuming devices specified in the record of inspection (the capacity on the device label of the manufacturer can be referred to).

Step 2: Determining the capacity

- In case of determining the capacity by way 1 or way 2, apply the method for calculating the used power output as follows:

ASD = P x ttb x n

In which:

P: Total capacity (kW) metered at the time of inspection and detection of violation or the highest capacity (kW) in the load capacity registered in the electricity sale contract.

ttb: Daily average use time of all power consuming devices (h/day) is determined based on the record of inspection or the registered load diagram. In case of failure to determine the daily average use time, apply the provisions in Section 10 of Appendix 2 issued with this Circular.

n: Number of days calculated for compensation (day).

- In case of determining the capacity by way 3 or 4, apply the formula to calculate the power output as follows:

ASD = (P1 x t1 + P2 x t2 +….+ Pi x ti ) x n

In which:

P1, P2, …Pi: Capacity (kW) of each power consuming device specified in the list of device capacity registered in the electricity sale contract or the capacity (kW) of each power consuming device specified in the record of inspection.

t1, t2, …ti: Daily use time of each device (h/day) is determined based on the record of inspection. In case of failure to determine the daily average use time, apply the provisions in Section 10 of Appendix 2 issued with this Circular.

n: Number of days calculated for compensation (day).

- For organizations and individuals using electricity for living, the way of calculation based on the invoice of electricity bill may be applied by the following formula

ASD = Abqn x n

In which:

Abqn: Daily power output is equal to the daily average used power of the invoice period with the highest daily average power output within a preceding period of 12 months.

n: Number of days calculated for compensation (day).

3. A number of days calculated for compensation (n) specialized in Clause 2 of this Article is determined as follows:

a) To be calculated from the date of acts of violation until the detection, except for the power supply downtime and time of power use stoppage with reasons.

b) In case of impossible determination as stipulated under Point a of this Clause, a number of days calculated for compensation is from the last date of electricity inspection or from the time of replacement, repair or periodical testing of power metering system until the detection but not exceeding 12 months, except for the power supply downtime and time of power use stoppage with reasons.

c) For cases of electricity theft in the form of using magnet or direct hook, a number of days calculated for compensation is 12 months days of the month, except for the power supply downtime and time of power use stoppage with reasons.

4. In addition to making compensation to the aggrieved party with a value of lost power output due to electricity theft, the offending party must bear the costs of repair, assessment, calibration or compensation of value of metering device or system which is damaged by its acts of violation.

Chapter 5.

MANAGING DOSSIERS, EXHIBITS AND MEANS OFFENDING THE ELECTRICITY ACTIVITIES AND ELECTRICITY USE

Article 33. Dossiers, exhibits and means of violation of electricity activities and electricity use

1. The dossiers, exhibits and means of violation of electricity activities and electricity use include:

a) Record of inspection of electricity activities, record of administrative violation, record of temporary seizure of exhibits and means of violation in case of detection of electricity theft and other accompanying exhibits and means (if any);

b) Photographs, videotapes and electronic data recording and describing acts of violation of electricity activities (if any).

c) Document of compensation and penalty calculation for acts of violation of regulations of law on electricity activities.

d) Other relevant papers, documents and exhibits.

2. The dossiers, exhibits and means of violation of electricity use include:

a) Record of inspection of electricity use and record of administrative violation (if any);

b) Record of inspection of power metering devices (if any) and record of testing of power metering devices;

c) Diagram of electricity theft, photographs, videotapes and electronic data recording and describing acts of violation of electricity activities (if any).

d) Document of compensation and penalty calculation for acts of violation of regulations of law on electricity use.

dd) Record of temporary seizure of exhibits and means of violation in case of detection of electricity theft and other accompanying exhibits and means (if any);

e) Power metering devices removed (if any);

g) Other relevant papers, documents and exhibits.

Article 34. Managing dossiers of inspection of electricity activities, electricity use and electricity safety

1. The Agency and unit managing the electricity inspectors are responsible for issuing record and managing dossiers, making and managing the following books: Book of monitoring of delivery and receipt of record statistics; Book managing dossiers of violation of electricity activities and electricity safety. These books must be numbered and sealed on edges of pages.

2. The delivery and receipt of exhibits and means of violation must specify the date, place of delivery and receipt and signature for receipt in the Book of delivery and receipt. This book must be numbered and sealed on edges of pages.

3. The last handling Agency or organization shall keep the dossiers offending the electricity activities, electricity use and electricity safety. The duration of management of such dossiers shall comply with regulations of law.

Chapter 6.

IMPLEMENTATION

Article 35. Form of record and Form of decision

Issued with this Circular is the Appendix 3 on Form of record and Form of decision for use during the inspection and sanction against violation in the field of electricity. The relevant Forms not specified in this Circular are applicable according to Decree No. 81/2013/ND-CP dated 19/7/2013 of the Government detailing some articles and measures to implement the Law on handling of administrative violation.

Article 36. Responsibility of the Electricity Regulatory Authority of Vietnam and the Department of Industry and Trade

1. The Electricity Regulatory Authority of Vietnam is responsible for:

a) Guiding, inspecting and monitoring the compliance with regulations on inspection of electricity activities and electricity use of the state management bodies on electricity activities and electricity use at localities and electricity units.

b) Inspecting and monitoring the issue and revocation of electricity inspector card from the Department of Industry and Trade.

2. The Department of Industry and Trade shall inspect and monitor the compliance with regulations on inspection of electricity activities, electricity use and electricity safety of electricity units in provincial areas.

Article 37. Reporting regime

1. The electricity units in provincial areas must make irregular, quarterly and annual reports on inspection of electricity use and safety to the Department of Industry and Trade. In case of necessity, they may make report directly to the Electricity Regulatory Authority of Vietnam.

2. The Department of Industry and Trade shall make irregular, quarterly and annual reports on the inspection and handling of violation of electricity activities, electricity use and electricity safety to the Electricity Regulatory Authority of Vietnam.

3. The Vietnam Electricity shall make irregular, quarterly and annual reports on the inspection of electricity use and electricity safety to the Electricity Regulatory Authority of Vietnam.

4. The Electricity Regulatory Authority of Vietnam shall receive and summarize the make irregular, quarterly and annual reports on inspection and handling of electricity activities and electricity use of Departments of Industry and Trade, the Vietnam Electricity for report to the Ministry of Industry and Trade.

Article 38. Responsibility for implementation

1.This Circular takes effect from 15/12/2013. The Decision No. 31/2006/QD-BCN dated 06/09/2006 of the Minister of Industry and Trade issuing the Regulation on inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract. The Decision No. 12/2007/QD-BCN dated 06/03/2007 of the Minister of Industry and Trade on amending and adding some articles of the Regulation issued with Decision No. 31/2006/QD-BCN The Circular No. 11/2011/TT-BCT dated 30/03/2011 of the Minister of Industry and Trade on amending and adding the Article 10 of the Regulation on inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract. Issued with Decision No. 31/2006/QD-BCN dated 06/09/2006 shall be invalidated from the effective date of this Circular.

2.The electricity inspector card issued before the effective date of this Circular shall continue to be valid to the end of expry date specified on the card.

3. The Chief of Office, Chief Inspector of the Ministry, Directors, General Directors, People’s Committees of provinces and centrally-run cities, electricity units, organizations and individuals using electricity are liable to execute this Circular.

 

 

 

PP. MINISTER
DEPUTY MINISTER




Le Duong Quang

 

APPENDIX 1

FORM OF ELECTRICITY INSPECTOR CARD
(Issued with Circular No. 27/2013/TT-BCT dated 31/10/2013 of the Minister of Industry and Trade stipulating the inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract)

Form No.1:

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

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

 

Photo  
2 x 3

ELECTRICITY INSPECTOR CARD

No.: ...........

Full name:…………….............……………Date of birth...…….

Agency:……………………………………

 

Hanoi,     date    month    year
BY ORDER OF MINISTER
GENERAL DIRECTOR......

Valid until:

.....………............

 

- Scope of inspection………………………………

..............................................................................................................

- The electricity inspector must present his card upon inspection and only carry out the inspection within the prescribed scope

- The organizations and individuals having electricity activities and using electricity and the relevant organizations and individuals must create favorable conditions for the electricity inspectors to finish their duties.

- The electricity inspectors must make a record and comply with the provisions on inspection of electricity activities and electricity use.

 

Form No.2:

DEPARTMENT OF INDUSTRY AND TRADE
--------

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

 

Photo
2 x 3

ELECTRICITY INSPECTOR CARD

No.: ...........

Full name:…………………..………Date of birth. ……..…….

Agency:……………………………………

 

Date    month    year
DIRECTOR

Valid until:

.....………............

 

- Scope of inspection………………………………

..............................................................................................................

- The electricity inspector must present his card upon inspection and only carry out the inspection within the prescribed scope

- The organizations and individuals having electricity activities and using electricity and the relevant organizations and individuals must create favorable conditions for the electricity inspectors to finish their duties.

- The electricity inspectors must make a record and comply with the provisions on inspection of electricity activities and electricity use.

 

 


APPENDIX 2

CLASSIFICATION TABLE OF COMMON POWER CONSUMING DEVICES AND TIME APPLIED IN CALCULATION AND HANDLING OF VIOLATION OF ELECTRICITY USE
(Issued with Circular No. 27/2013/TT-BCT dated 31/10/2013 of the Minister of Industry and Trade stipulating the inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract)

 

No.

CLASSIFICATION OF POWER CONSUMING TOOLS AND DEVICES

USE TIME
(HOUR/DAY)

NOTE

FAMILY ACTIVITIES

BUSINESS & SERVICES

ADMINISTRATIVE BODIES

01 SHIFT PRODUCTION

02 SHIFT PRODUCTION

03 SHIFT PRODUCTION

1

Lighting devices

6

16

8

8

16

24

 

2

Ventilation devices

10

12

8

8

16

24

 

3

Refrigerating and air conditioning devices

8

16

8

8

16

24

 

4

Civil electronic appliances

6

12

6

 

 

 

 

5

Civil heating devices

2

8

4

 

 

 

 

6

Equipment with electric motor

4

8

6

8

14

22

 

7

Electric welding machine

4

10

6

8

16

20

 

8

Communications equipment

8

12

14

 

 

 

 

9

Charging devices

8

12

 

8

16

24

 

10

Total average use duration of the electrical devices (ttb)

6

12

8

8

16

24

 

Note:

- Upon calculation, it is necessary to pay attention to the actual or seasonal use time; if the actual use time is not appropriate, the time in the table shall apply.

- For electric motors, take cosj upon calculation as stipulated in Article 15 of Decree No. 137/2013/ND-CP dated 21/10/2013 of the Government detailing the implementation of some articles of the Electricity Law and the Law amending and adding some articles of the Electricity Law.


APPENDIX 3

FORM USED IN INSPECTION AND SANCTION AGAINST ADMINISTRATIVE VIOLATION IN THE FIELD OF ELECTRICITY
(Issued with Circular No. 27/2013/TT-BCT dated 31/10/2013 of the Minister of Industry and Trade stipulating the inspection of electricity activities, electricity use and settlement of dispute over electricity sale contract)

Code

Name of Form

 

I. FORM OF RECORD

MBB 01

Record of inspection of electricity activities

MBB 02

Record of electricity use

MBB 03

Record of administrative violation in the field of electricity

MBB 04

Record of temporary seizure of exhibits and means of violation in the field of electricity according to administrative procedures

MBB 05

Record of enforcement of decision on sanction against administrative violation in the field of electricity.

 

II. FORM OF DECISION

MQD 01

Decision on sanction against administrative violation in the field of electricity.

MQD 02

Decision on temporary seizure of exhibits and means of violation in the field of electricity according to administrative procedures

MQD 03

Decision on application of remedy of consequence of administrative violation in the field of electricity (in case of no Decision on sanction against administrative violation).

MQD 04

Decision on enforcement of decision on sanction against administrative violation in the field of electricity.

 

III. OTHER FORMS

MVBGQ

Written authorization of handling of administrative violation

 

Form of record No.1

NAME OF LINE AGENCY
NAME OF INSPECTION UNIT
-------

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

No.: …………/BB-KTD

 

 

RECORD OF INSPECTION OF ELECTRICITY ACTIVITIES

At……hour, on date…..month……year……..

I. The inspection team consists of:

1 ………………………………….. position.................................................................................

2 ………………………………….. position.................................................................................

3 ………………………………….. position.................................................................................

II. The inspected party..........................................................................................................

Representative:

1 ………………………………….. position.................................................................................

2 ………………………………….. position.................................................................................

III. Witness (if any):

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

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

IV. Conducted the inspection of electricity activities at:

Address ...............................................................................................................................

Tel ........................................................................................................................................

V. Current status of electricity activities:

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

VI. Conclusion of inspection:

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

During the inspection, the participants have not infringed or damaged the inspected party’s assets.

The record ends at ……hour on date……month……year…..

The record is read back to the present persons so that they can listen, acknowledge and sign their names below.

This record is made into 03 copies, the inspected party keeps 01 copy to comply with the contents of the record; the inspecting party keeps 02 copies.

 

INSPECTED PARTY
(Signature, full name, position)

WITNESS
(Signature, full name, position)

ELECTRICITY INSPECTOR
(Signature, full name, position)

 

Inspected party’s opinions (if any):

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

 

Form of record No.02

NAME OF LINE AGENCY

NAME OF INSPECTION UNIT
-------

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

No.: …………/BB-KTSDD

 

 

RECORD OF INSPECTION OF ELECTRICITY USE

At……hour, on date…..month……year……..

I. The inspection team consists of:

1 ………………………………….. position.................................................................................

2 ………………………………….. position.................................................................................

3 ………………………………….. position.................................................................................

II. The inspected party..........................................................................................................

1 ………………………………….. position.................................................................................

2 ………………………………….. position.................................................................................

III. Witness (if any):

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

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

 

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

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

IV. Conducted the inspection of electricity activities at:........................................................

Customer code .....................................................................................................................

Address ...............................................................................................................................

Tel ........................................................................................................................................

V. Current condition of metering system:

Type of meter: ………. Country of manufacture ………… No……………..

Current: ………. Voltage:…………….TU…………TI……….

Multiplier ……………

Meter index by the time of inspection: ....................................................................................

VI. Current status upon inspection:.......................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

VII. Appendix attached to the record of inspection (including the wiring diagram, violation diagram, list of capacity of electric devices…) (if any):…………………………

.............................................................................................................................................

.............................................................................................................................................

VIII. Conclusion of inspection

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

During the inspection, the participants have not infringed or damaged the inspected party’s assets.

The record ends at ……hour on date……month……year…..

The record is read back to the present persons so that they can listen, acknowledge and sign their names below.

This record is made into 03 copies, the inspected party keeps 01 copy to comply with the contents of the record; the inspecting party keeps 02 copies.

 

INSPECTED PARTY
(Signature, full name, position)

WITNESS
(Signature, full name, position)

ELECTRICITY INSPECTOR
(Signature, full name, position)

 

Electricity user’s opinions (if any):

.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

 

Form of record No.03

NAME OF LINE AGENCY
NAME OF RECORD MAKING AGENCY 1
--------

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

No.:        /BB-VPHC

A 2…….., date ….. month ….year....

 

RECORD OF ADMINISTRATIVE VIOLATION

About the field of electricity

Based on 3............................................................................................................................ ,

Today, at….hour, date…..month….year, at 4............................................................................

We consist of 5: (Specify full name, position and agency of each person)

............................................................................................................................................ ;

With the witness of: (specify full name, occupation, address, ID No. of each witness. If there is representative of local authority or policeman, specify position)

............................................................................................................................................ ;

............................................................................................................................................ ;

Make a record of administrative violation to:

Mr(Mrs)/organization 6:............................................................................................................

Date of birth................ Nationality:........................................................................................ ;

Occupation/field of operation:............................................................................................... ;

Address:...............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.: ...............................

Issue on:..............................Place of issue........................................................................... ;

Has committed the administrative violation 7 ( can describe the acts in the Record of inspection of electricity use or Record of inspection of electricity activities):

.............................................................................................................................................

.............................................................................................................................................

The above acts violate the provisions in 8:

.............................................................................................................................................

.............................................................................................................................................

Aggrieved person/organization (if any)9:

Full name/name of organization:............................................................................................ ;

Address: ..............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.:................................

Issue on ………………… Place of issue................................................................................. ;

Opinions of person/representative of offending organization:

.............................................................................................................................................

Opinions of witness:

.............................................................................................................................................

Opinions of aggrieved person/organization:

.............................................................................................................................................

.............................................................................................................................................

We required Mr (Mrs)/organization to immediately stop such violation

The measures used to prevent the administrative violation and ensure the application of violation handling include:          

.............................................................................................................................................

Acts against law enforcers (if any) 10:

.............................................................................................................................................

We temporarily seize the exhibits or means of violation 11 as the content in the Record of temporary seizure of exhibits or means No.:………. /BB-TGTVPT dated………….

Besides the exhibits or means of administrative violation and papers mentioned above, we do not temporarily seize anything, infringe or damage assets of offending person/organization.

The record is made at….hour on date….month….year…, including…..page(s), made in…..copy (ies) with the same content and validity. After reading back the record, the persons present have listened, acknowledged and signed on each page of the record and also this record. One copy of record is distributed to the offending person/representative organization.

Other additional opinions (if any) 12: .......................................................................................

Reasons for not signing the record13: .....................................................................................

The offending person/organization should send a written request for explanation to Mr/Mrs14 …………………before date…..month….year…..for exercising the right of explanation.

 

OFFENDING PERSON/REPRESENTATIVE OF OFFENDING ORGANIZATION
(Signature and full name)

 

WITNESS (if any)

(Signature and full name)

 

RECORD MAKER
(Signature and full name)

REPRESENTATIVE OF AUTHORITY
(if any)
(Signature and full name)

AGGRIEVED PERSON/REPRESENTATIVE OF AGGRIEVED ORGANIZATION(if any)
 (Signature and full name)

 

Form of record No. 04

NAME OF LINE AGENCY
NAME OF RECORD MAKING AGENCY 1
-------

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

No.:        /BB-TGTVPT

A2…….., date ….. month ….year....

 

RECORD

TEMPORARILY SEIZING THE OFFENDING EXHIBITS AND MEANS IN THE FIELD OF ELECTRICITY 3

Based on the record of administrative violation in the field of electricity No.:       /BB-VPHC dated ……. Made by…….,

Today, at …….hour ……. date…….month ……. year ……., at 4................................................

We consist of: (specify full name, position and Agency of each person) 5
.............................................................................................................................................

With the witness of: (specify full name, address, ID number and position (if any) of each person)           

Temporarily seized the exhibit and means of administrative violation in the field of electricity:

Mr(Mrs)/organization 6:............................................................................................................

Date of birth ……. Nationality:................................................................................................

Occupation/field of operation Occupation/field of operation:...................................................

Address: ..............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.: ...............................

Issue on: …………………….. Place of issue............................................................................

Exhibit or means temporarily seized include (prepare a separate table of statistics if there are many)

No.

Name of exhibit or means temporarily seized

Number

Weight

Type and characteristics, brand, origin, condition exhibits and means7

Note 8

 

 

 

 

 

 

Besides the above exhibits or means, we do not temporarily seize anything

Opinions of offending person/representative of offending organization:...................................

Opinions of witness: .............................................................................................................

Other additional opinions (if any) 9: ........................................................................................

The record is made at….hour on date….month…..year, including….page(s), made into….copy(copies) with the same content and validity. The person making a record does not infringe or damage the assets of the offending person or organization. After reading back the record, the persons present have listened, acknowledged and signed on each page of the record and also this record. One copy of record is delivered to the person/representative of organization having the exhibit or means temporarily seized.

 

OFFENDING PERSON OR REPRESENTATIVE OF OFFENDING ORGANIZATION
(Signature and full name)

RECORD MAKER
(Signature and full name)

 

WITNESS OR AUTHORITY’S REPRESENTATIVE 10
(Signature and full name)

PERSON DECIDING THE TEMPORARY SEIZURE
(Signature and full name)

 

Form of record No. 05

NAME OF LINE AGENCY
BẢN NAME OF RECORD MAKING AGENCY 1
-------

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

No.:        /BB-CC

A 2…….., date ….. month ….year....

 

RECORD

ENFORCEMENT OF DECISION ON SANCTION AGAINST VIOLATION

In implementation of Decision No. ……… /QD-CC dated ………on enforcement of decision on sanction against violation signed by……………………..,

Today, on date………….month………year……..

Today, on date………….month………year……..at3          ………………………..

 

We consist of:

Agency in charge: (specify full name, position and Agency of each person)

.............................................................................................................................................

.............................................................................................................................................

Coordinating Agency: (specify full name, position (if any) and Agency of each person)

.............................................................................................................................................

.............................................................................................................................................

With the witness of: (specify full name, address, occupation, position, CMND No. (if any) of each person

.............................................................................................................................................

.............................................................................................................................................

Conducted the enforcement of decision on sanction against violation to:

Mr (Mrs)/organization 4: ..........................................................................................................

Date of birth ……. Nationality:................................................................................................

Occupation (field of operation):..............................................................................................

Address: ..............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.:................................

Issue on: …………………………………………. Place of issue:..................................................

Measures of enforcement:

.............................................................................................................................................

.............................................................................................................................................

Enforcement result:

.............................................................................................................................................

.............................................................................................................................................

Processs of enforcement:

.............................................................................................................................................

.............................................................................................................................................

Attitude of compliance of offending person/representative of offending organization:

.............................................................................................................................................

.............................................................................................................................................

The enforcement ends at........hour on date........month...........year............

The record consists of ....page(s), made into .....copies with the same content and validity. After reading back the record, the persons present have listened, acknowledged and signed on each page of the record and also this record. One copy of record is distributed to the offending person/representative organization.

 

OFFENDING PERSON OR REPRESENTATIVE OF OFFENDING ORGANIZATION
(Signature and full name)

RECORD MAKER

(Signature and full name)

REPRESENTATIVES OF BODIES COORDINATING THE ENFORMCEMENT
(Signature and full name and postion if any)

 

PERSON ORGANIZING THE ENFORCEMENT
(Signature, full name, postion and Agency)

WITNESS
(Signature and full name)

PERSON DECIDING THE ENFORCEMENT

(Signature and seal)
(Specify full name and position)

Form of Decision No. 01

NAME OF LINE AGENCY
NAME OF DECISION- MAKING AGENCY 1
-------

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

No.:        /QD-XPVPHC

A 2…….., date ….. month ….year....

 

DECISION ON SANCTION AGAINST ADMINISTRATIVE VIOLATION IN THE FIELD OF ELECTRICITY 3

Pursuant to Article 57 and 58 of the Law on handling of administrative violation dated 20/6/2012;

Pursuant to Decree No. 134/2013/ND-CP dated 17/10/2013 of the Government stipulating the sanction against administrative violation in the field of electricity, hydroelectric safety and effective and economical use of energy;

Pursuant to the record of administrative violation No.: …… /BB-VPHC made by Mr/Mrs..........at ....hour on date.......month...........year..............at...........

Pursuant to the result of verification and documents in the dossier;

Pursuant to the record of explanation No.: ... /BB-GTTT dated ……..at…….

Pursuant to the written authorization No.: …………/GQXLVP dated………(if any),

I am:………………..; Position:……………..; Agency:……………………

DECIDE:

Article 1. To sanction the administrative violation to:

Mr (Mrs)/organization 4:...........................................................................................................

Date …….. month…… year: ………. Nationality:......................................................................

Occupation/field of operation Occupation/field of operation: ..................................................

Address:...............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.:................................

Issue on: ………………… Place of issue:................................................................................

1. Has committed acts of administrative violation 5a……………………………quy định tại stipulated under 6

The aggravating circumstances (if any)....................................................................................

The extenuating circumstances (if any)....................................................................................

* To be applied the sanction, the remedy as follows:

- Main form of sanction 7: ……………………………………………… Specifically8:.......................

.............................................................................................................................................

- Additional form of sanction (if any):: 9

.............................................................................................................................................

- Remedies (if any):

.............................................................................................................................................

The time limit for taking the remedy 10 is ……………., after receipt of this Decision.

The offending organizations or individuals must refund the costs of remedy of consequences (if any): ………………..because these costs have been paid by the competent authorities in accordance with the provisions in Clause 5, Article 85 of the Law on handling of administrative violaton.

2. Committed acts of administrative violaton 5b
.............................................................................................................................................

.............................................................................................................................................

.............................................................................................................................................

Article 2. Measures to handle the exhibits and means of violation temporarily seized (if any)[12]:

.............................................................................................................................................

Article 3. This Decision takes effect from date…..month…..year….

Article 4. This Decision is:

1. Delivered/sent to Mr (Mrs)/organization…………..for compliance with the sanctioning Decision.

Mr (Mrs)/organization must strictly comply with this sanctioning Decision or otherwise enforcedto do it.

Mr (Mrs)/organization must pay the fine at the state treasury/commercial Bank12 ……………. or pay the fine to the account of state treasury/commercial Bank13 wthin ……..after the receipt of sanctioning Decision.

Mr (Mrs)/organization sanctioned has the right to lodge a complaint or initiate the lawsuit against this sanctioning Decision in accordance with regulations of law.

2. Sent to 14 …………………………………………………. for collection of fine;

3. 15 ………………………………………………… for implementation of this Decision.

 

 

 

DECISION MAKER
( Signature,full name, seal and position)

 

Form of Decision No. 02

NAME OF LINE AGENCY
NAME OF DECISION- MAKING AGENCY 1
-------

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

No.:        /QD-TGTVPT

A 2 ….., date ….. month ….year....

 

DECISION ON TEMPORARY SEIZURE OF EXHIBITS OR MEANS OF VIOLATION IN THE FIELD OF ELECTRICITY ACCORDING TO THE ADMINISTRATIVE PROCEDURE

Pursuant to Article 125 of the Law on handling of administrative violation dated 20/06/2012;

Pursuant to the written authorization No.: ………../GQXLVP dated.......(if any)

I am:……….; Position: …………………; Agency .....................................,

                                                           DECIDE:

Article 1. Temporarily seizing the exhibits or means of violation in the field of electricity of

Mr (Mrs)/organization 3:...........................................................................................................

Date of birth ….. Nationality:..................................................................................................

Occupation/field of operation:................................................................................................

Address:...............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.:................................

Issue on ……………………. Place of issue..............................................................................

Exhibits or means of violation include (if there are many, make the separate statistical table)

No.

Name of exhibit or means temporarily seized

Number

Weight

Type and characteristics, brand, origin, condition exhibits and means 4

Note 5

 

 

 

 

 

 

Reasons for temporary seizure6:.............................................................................................

.............................................................................................................................................

Article 2. Duration of temporary seizure of exhibits or means of violation:….days, from date…..month……year…..to date…..month……year…..

Location of temporary seizure:  

.............................................................................................................................................

 

Article 3. This Decision takes effect from its signing date

This Decision is delivered to:

1. Mr (Mrs)/organization: ………………………………………………. for compliance.

Mr (Mrs)/organization has the right to lodge a complaint or initiate the lawsuit against this sanctioning Decision in accordance with regulations of law.

2 7 ………………………………………………………………….. for implementation./.

 

 

 

DECISION MAKER
(Signature and seal)
(Position and full name)

 

Form of Decision No. 03

LINE AGENCY
NAME OF DECISION- MAKING AGENCY 1
-------

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

No.:        /QD-KPHQ

A2 …….., date ….. month ….year....

 

DECISION ON APPLICATION OF REMEDIES OF CONSEQUENCES CAUSED BY ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF ELECTRICITY 3

Pursuant to Article 28 and 65 of the Law on handling of administrative violation dated 20/6/2012;

Pursuant to the record of administrative violation in the field of electricity No. ……/BB-VPHC made by ………., position………..at…..hour on date…..month…..year….at………;

To completely remedy the consequences due to the administrative violation

I am ……………….; Position: …………………; Agency: .....................................,

DECIDE:

Article 1.

Mr(Mrs)/organization4:.............................................................................................................

Date of birth…………… Nationality:........................................................................................

Occupation/field of operation:................................................................................................

Address:...............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.:............................... ;

Issue on ……………………. Place of issue............................................................................. ;

Must remedy the consequences due to administrative violation: 5.............................................

The particulars related to resolution of violation:......................................................................

.............................................................................................................................................

Reasons for not applying form of sanction: 6 .........................................................................

.............................................................................................................................................

Remedies of consequences are: 7..........................................................................................

Time limit for implementation 8 ……………………………………………. after receipt of this Decision.

The costs for remedy of consequences shall be paid by:

Offending person/organization that must refund the costs for remedy of consequences (if any) is: ……………………., because the costs for remedy of consequences have been paid by the competent authorities in accordance with the provisions in clause 5, Article 85 of the Law on handling of administrative violation.

Article 2. This Decision takes effect from date…….month…..year…..

Article 3. This Decision is delivered to:

1. Mr(Mrs)/organization…………….for implementation.

Mr(Mrs)/organization named above must strictly comply with this Decision or shall be enforced to do it if the time limit specified in Article 1 of this Decision is over without compliance.

Mr (Mrs)/organization has the right to lodge a complaint or initiate the lawsuit against this sanctioning Decision in accordance with regulations of law.

2. 9 …………………………………………….. for implementation of this Decision./.

 

 

 

DECISION MAKER
(Signature and seal)
(Specify position and full name)

 

Form of Decision No. 04

LINE AGENCY
NAME OF DECISION- MAKING AGENCY 1
-------

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

No.:        /QD-CC

A 2 …….., date ….. month ….year....

 

DECISION ON ENFORCEMENT OF DECISION ON SANCTION AGAINST ADMINISTRATIVE VIOLATION IN THE FIELD OF ELECTRICITY

Pursuant to Article 86 and 87 of the Law on handling of administrative violation dated 20/6/2012;

To ensure the implementation of Decision on sanction against administrative violation in the field of electricity No. ……./QD-XPVPHC dated …….signed by….., position:

Pursuant to the written authorization No………./……..dated……(if any),

I am: ………………..; Position: ……………..; Agency ………………………,

DECIDE:

Article 1. To enforce the implementation of Decision on administrative violation in the field of electricity . ……../QD-XPVPHC dated…………..to:

Mr(Mrs)/organization 3:............................................................................................................

Date of birth:………………… Nationality:.................................................................................

Occupation/field of operation:................................................................................................

Address:...............................................................................................................................

ID or Passport/Establish decision of business registration certificate No.:................................

Issue on ……………………. Place of issue:.............................................................................

Reasons for application: .......................................................................................................

The enforcement measures are: 4

.............................................................................................................................................

.............................................................................................................................................

Time of implementation: 5 ……………………, from the date of receiving this Decision.

Performance location: 6 .........................................................................................................

Coordinating agency/organization:..........................................................................................

Article 2. This Decision takes effect from date……………

Article 3. This Decision is:

1. Delivered/sent to Mr(Mrs)/organization………………for compliance.

Mr(Mrs)/organization committing violation must comply with this Decision and bear all costs for enforcement organization.

Mr (Mrs)/organization committing violation has the right to lodge a complaint or initiate the lawsuit against this sanctioning Decision in accordance with regulations of law.

 

2. 8………………………………………… for implementation of this Decision./.

 

 

 

DECISION MAKER
(signature and seal)
(Position and full name)

 

Form of written authorization

LINE AGENCY
NAME OF AUTHORIZER’S AGENCY1
-------

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

No.: …………./……….-GQ

A2…….., date ….. month ….year....

 

WRITTEN AUTHORIZATION TO HANDLE ADMINISTRATIVE VIOLATION IN THE FIELD OF ELECTRICITY 3

Pursuant to the provisions in Article 54, clause 2 of Article 87 and clause 2 of Article 123 of the Law on handling of administrative violation dated 20/6/2012,

I am: ……………………………………………. Position: .............................................................

Agency: ................................................................................................................................

Authorize Mr/Mrs: …………………………… Position: ...............................................................

Agency: ................................................................................................................................

Reasons for authorization: 4

.............................................................................................................................................

.............................................................................................................................................

Content of authorization: 5
.............................................................................................................................................

.............................................................................................................................................

To perform the rights of6 …………………………………….stipulated in the Law on handling of administrative violation and Decree No. ..../2013/ND-CP dated……2013 of the Government stipulating the sanction against administrative violation in the field of electricity, hydroelectric safety and effective and economical use of energy, from date………………7.

While conducting the activities of handling of administrative violation8, Mr/Mrs……………must take responsibility for your decisions before the authorizer and the law.

 

AUTHORIZED PERSON
(Signature, position and full name)

AUTHORIZER
(Signature and seal)
(Position and full name)

 



1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level). If the record is made by the member of inspection team, specify the name of agency which set up the inspection team.

2 If the record is made by the competent person of provincial unit, specify the name of province or centrally-run city; by the competent person of district unit, specify the name of district or town; by the competent person of communal unit, specify the name of commune, ward or townlet where the record is made

3 Specify the grounds for record making.

4 Specify address of place where the record is made

5 For the person making a record, in addition to his full name, position, the number of electricity inspector card/public servant or inspector of specialized sector must also be specified (if any).

6 If being an organization, specify name of organization; full name and position of representative of offending organization.

8 Specify point, clause and article of Decree No. 134/2013/ND-CP dated 17/10/2013 of the Government stipulating the sanction against administrative violation in the field of electricity, safety of hydroelectric dam, effective and economical use of energy for each act of violation.

For acts of electricity theft, only specify the clause and article of the Decree (the determination of “point” is done after the documents calculating the power output caused by electricity theft are based in accordance with provisions of clause 2, article 23 of this Circular).

9 If an organization, specify its name; full name and position of representative of aggrieved organization.

10 Describe acts against the law enforcer.

11 This content only applies to the electricity theft.

12 The person having different opinions about content of record shall write his opinions and reasons for different opinions.

13 The person making record must specify the reasons where the offending person, representative of offending organization, witness, aggrieved person or representative of aggrieved organization does not sign the record

14 Full name, position and unit of person with authority to sanction against administrative violation.

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 If the record is made by the competent person of provincial unit, specify the name of province or centrally-run city; by the competent person of district unit, specify the name of district or town; by the competent person of communal unit, specify the name of commune, ward or townlet where the record is made.

3 This form of record only applies to the case of detection of electricity theft.

4 Specify the address of place where record is made.

5 For the person making a record, in addition to his full name, position, the number of electricity inspector card/public servant or inspector of specialized sector must also be specified (if any).

6 If being an organization, specify name of organization; full name and position of representative of offending organization.

7 If being the means, specify its registration number (if any), serial number (if any);

8 Specify type of exhibit or means with seal (there must be the signature and full name of the witness on the seal)

9 The person having different opinions about content of record shall write his opinions and reasons for different opinions.

10 For the offending exhibits or means whose owner, manager or legal use cannot be identified, make a separate list.

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 Specify the name of province or centrally-run city if the record made by the competent person of provincial unit; specify the name of district, town if the record made by the competent person of district unit; specify the name of commune, ward or townlet if the record made by the competent person of communal unit.

3 Specify the address of place where the record is made

4 If being an organization, specify name of organization; full name and position of representative of offending organization.

 

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 If the decision is made by the competent person of provincial agency/unit, specify the name of province or centrally-run city; If the decision is made by the competent person of district agency/unit, specify the name of district or town; If the decision is made by the competent person of communall agency/unit, specify the name of commune, ward or townlet where the decision is made.

3 This form is used in case of sanctioning one or many persons/organizations committing one or many acts of administrative violation.

4 If being an organization, specify name of organization; full name and position of representative of offending organization.

5a. Brief the acts of violation

6 Specify the point, clause and article of Decree No. 134/2013/ND-CP dated 17/10/2013 of the Government stipulating the sanction against violation in the field of electricity, safety of hydroelectric dam and effective and economical use of energy.

7 Specify the main form of sanction applied (caution or fine).

8 Detail the main form of sanction applied (in case of fine, specify the fine in figure or letter)

9 Detail the additional form of sanction which is the confistication of exhibit or means used as the means of violation. Specify the number and value of exhibits or means of violation confiscated or the amount of money equivalent to the value of exhibit or means of violation confiscated (write in figure and letter) due to illegal appropriation and use for administrative violation (specify if any attached record).

5b Brief the acts of violation and all other contents as guided for section 1 of Article 1.

[11] Specify the handling as confiscation or return to the offending person or organization

 

14 State Treasury or commercial Bank specified in (12)  

15 Specify full name, position and unit of person implementing the Decision; relevant bodies and organizations

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 If the decision is made by the competent person of provincial agency/unit, specify the name of province or centrally-run city; If the decision is made by the competent person of district agency/unit, specify the name of district or town; If the decision is made by the competent person of communall agency/unit, specify the name of commune, ward or townlet where the decision is made.

 

3 If being an organization, specify name of organization; full name and position of representative of offending organization.

4 If being the means, specify its registration number (if any), serial number (if any);

5 Specify type of exhibit or means with seal (there must be the signature and full name of the witness on the seal)

6 Specify the reasons for temporary seizure under the provisions in clause 1, Article 125 of the Law on handling of administrative violation.

7 Specify full name and position of person organizing the implementation of Decision.

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 If the decision is made by the competent person of provincial agency/unit, specify the name of province or centrally-run city; If the decision is made by the competent person of district agency/unit, specify the name of district or town; If the decision is made by the competent person of communall agency/unit, specify the name of commune, ward or townlet where the decision is made.

3 This Decision applies in case of no decision on sanction against administrative violation.

4 If being an organization, specify name of organization; full name and position of representative of offending organization.

5 Specify each act of violation; point, clause, article of Decree No. 134/2013/ND-CP dated 17/10/2013 of the Government of the Government stipulating the sanction against administrative violation in the field of electricity, safety of hydroelectric dams and effective and economical use of energy.

6 Specify the reasons for not issuing the sanctioning decision (according to the specific cases and provisions in clause 1, article 65 of the Law on handling of administrative violation.

7 Specify each remedy of consequence

8 Specify the time limit for implementation of each remedy of consequence.

9 Specify full name, rank, position of person implementing the Decision and relevant organization

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 If the decision is made by the competent person of provincial agency/unit, specify the name of province or centrally-run city; If the decision is made by the competent person of district agency/unit, specify the name of district or town; If the decision is made by the competent person of communall agency/unit, specify the name of commune, ward or townlet where the decision is made.

3 If being an organization, specify name of organization; full name and position of representative of offending organization

4 Specify the applicable enforcement measure

5 Specify the time of enforcement implementation

6 Specify location of enforcement implementation

8 Specify full name, position and unit of person implementing this Decision; bodies coordinating to implement the enforcement and relevant bodies and organizations responsible for coordinated implementation.

1 Specify name according to the unit’s administrative seal (note: for documents of communal People’s Committee, specify the district and provincial level; of district People’s Committee, specify the provincial level).

2 If the decision is made by the competent person of provincial agency/unit, specify the name of province or centrally-run city; If the decision is made by the competent person of district agency/unit, specify the name of district or town; If the decision is made by the competent person of communall agency/unit, specify the name of commune, ward or townlet where the decision is made.

3 Specify type of document (paper, official letter, notice, decision…) of authorization.

4 Specify reason (absence or others)

5 Specify content of authorization (sanction against administrative violation, application of prevention measures to ensure the sanction of administrative violation or enforcement of implementation of Decision on sanction of administrative violation).

6 Specify the title of authorizer.

7 Ghi rõ thời gian giao quyền.

8 Ghi họ tên người được giao quyền.

Thuộc tính Văn bản pháp luật 27/2013/TT-BCT

Loại văn bảnThông tư
Số hiệu27/2013/TT-BCT
Cơ quan ban hành
Người ký
Ngày ban hành31/10/2013
Ngày hiệu lực15/12/2013
Ngày công báo...
Số công báo
Lĩnh vựcDoanh nghiệp, Thương mại
Tình trạng hiệu lựcCòn hiệu lực
Cập nhật6 năm trước
Yêu cầu cập nhật văn bản này

Download Văn bản pháp luật 27/2013/TT-BCT

Lược đồ Circular No. 27/2013/TT-BCT inspection electricity use activity settlement dispute electricity sale contract


Văn bản bị đính chính

    Văn bản đính chính

      Văn bản bị thay thế

        Văn bản hiện thời

        Circular No. 27/2013/TT-BCT inspection electricity use activity settlement dispute electricity sale contract
        Loại văn bảnThông tư
        Số hiệu27/2013/TT-BCT
        Cơ quan ban hànhBộ Công thương
        Người kýLê Dương Quang
        Ngày ban hành31/10/2013
        Ngày hiệu lực15/12/2013
        Ngày công báo...
        Số công báo
        Lĩnh vựcDoanh nghiệp, Thương mại
        Tình trạng hiệu lựcCòn hiệu lực
        Cập nhật6 năm trước

        Văn bản thay thế

          Văn bản hướng dẫn

            Văn bản được hợp nhất

              Văn bản gốc Circular No. 27/2013/TT-BCT inspection electricity use activity settlement dispute electricity sale contract

              Lịch sử hiệu lực Circular No. 27/2013/TT-BCT inspection electricity use activity settlement dispute electricity sale contract