Quyết định 15/2008/QD-BCT

DECISION

ON AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE REGULATION ON CONDITIONS, ORDER AND PROCEDURES FOR GRANTING, AMENDING, SUPPLEMENTING, WITHDRAWAL AND MANAGEMENT OF USING THE ELECTRICITY OPERATION LICENSE ISSUED TOGETHER WITH THE DECISION No.32/2006/QD-BCN ON SEPTEMBER 09, 2006 OF THE MINISTER OF INDUSTRY

THE MINISTER OF INDUSTRY AND TRADE

Pursuant to the Electricity Law dated December 3, 2004;
Pursuant to the Decree No. 189/2007/ND-CP of December 27, 2007 by the Government regulating functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;
Pursuant to the Decree No. 105/2005/ND-CP of August 17, 2005 by the Government detailing and guiding the implementation of some articles of the Electricity Law;
Pursuant to the Decision No. 258/2005/QD-TTg on October 19, 2005 by the Prime Minister on establishing and regulating functions, tasks, powers and organizational structure of the Electricity Regulatory Authority of the Ministry of Industry;
At the request of the Director of Electricity Regulatory Authority,

DECIDES:

Article 1. Amending and supplementing some articles of the Regulation on conditions, order and procedures for granting, amendment, supplement, withdrawal and management of the use of the electricity operation permit issued together with Decision No. 32/2006 / QD-BCN on September 6, 2006 by the Minister of Industry as follows:

1. Amending Clause 1, Article 3 as follows:

"1. Electricity operation permit are granted to organizations or individuals to perform one or more electricity operation fields: Electricity transmission, electricity distribution, electricity wholesale, electricity retail, electricity export/import and electricity professional consultancy. The permit for generating electricity shall be granted to organizations or individuals to perform the investment in construction and operation of power generation for each power plant project. "

2. Amending the Article 8, Article 9 and Article 10; and Clause 3 of Article 16 and Appendix 3a:

The phrase "an expert leading the main fields of expertise," "a consultant leading the main fields of expertise," "a consultant leading the main fields of expertise" and "a leading consultant are replaced with the phrase a consultant".

3. Supplementing Clause 1 of Article 11 as follows:

"1. To have a feasible project of investment in constructing power plant that is suitable to the approved power development plan.

Having technological equipment, means, establishments, architectural works in line with the approved technical design, and its construction, installation and test is satisfying current technical norms and standards.

4. Amending and supplementing Article 15 as follows:

"Article 15. Electricity wholesale and electricity retail

Organizations or individuals registering for operating electricity wholesale and electricity retail, besides the conditions prescribed in Article 7 of this Regulation, must also meet the following conditions:

1. Who directly manage the business of electricity wholesale and electricity retail must hold intermediate or higher degree in economics, finance or similar subjects and have worked in the field of purchasing and selling electricity at least five years.

2. Organizations or individuals engaged in the electricity retail in rural areas must meet the following conditions: The direct manager of the electricity retail business must be trained in economics, finance or similar subjects and have at least two years of experience in the power trading business. "

5. Amending and supplementing Article 17 as follows:

"Article 17. Dossier requesting for the granting, amendment, supplementation of the permit for electricity generation

The permit for electricity generation is granted in 2 stages to invest in construction and to perform commercial electricity generation of the entire power plant. Dossier for each stage is as follows:

1. A dossier of request for permission to carry out investment in projects of power plants and commercial operation of each generator set, including:

a) A written request for the granting, amendment, and supplementation of electricity operation permit (in Appendix 1 attached to this Decision);

b) A valid copy of the documents certifying the legal status of organizations or individuals together with an organizational chart, a list of the affiliated units and branches;

c) A valid copy of the decision approving the investment projects in power plants approved by the competent authority together with the documents of projects to invest in the power plant;

d) A valid copy of technical documents identifying the installed capacity of each generator set, the official plan to connect power plants to electrical system and operation mode of the power plant in the electrical system;

e) A valid copy of the permit to use water resources (for hydropower plants). The valid copy of the permit for the use of water resources and a plan to provide fuel (for thermal power plants);

e) A copy of the report on environmental impact assessment of the investment project in the power plant and a copy of written approval of the report on environmental impact assessment approved by competent state agencies;

g) A copy of financial report of the most recent year.

2. Dossiers of application for a permit to introduce the entire power plant into commercial activities, including:

a) A list of major electric work items of the power plant;

b) An extracted list of managerial staff such as directors, deputy directors, the direct manager of technique, major experts for the management and operation of the power plant together with a valid copy of diploma or graduation certificate;

c) Documentation of the training and employment;

d) A copy of the signed long-term power purchase contract (PPA);

e) A valid copy of the written confirmation of qualification for operating conditions for devices with strict requirements on labor safety;

e) A valid copy of the written certification of environmental standards for electricity generation projects of competent state agencies;

g) A valid copy of the written confirmation of eligibility for the fire fighting and fire protection granted by competent agencies;

h) The process for operating hydropower reservoir approved by a competent agencies (for hydro power plants);

i) A copy of a written agreement or contract for the connection;

k) The process for coordinating with the Dispatch Unit of electric system in operating the power plant;

l) A copy of the acceptance certificate of each portion of the major electricity work item of the electricity-generating project, acceptance certificate about dry running and running under load of each of the machine set and full acceptance certificate of generator set in moving under load for each set.

3. After completing the construction of the entire power plants, electricity units that have been granted the permit to operate electricity generation must add the copy of acceptance certificate of the entire power plant. "

6. Amending Clause 11, Article 18 as follows:

'11. For units that deliver power with voltage level of 35 kV or less, the dossier must also include the following:

a) A copy of the power purchasing contracts;

b) A copy of the contract agreement or contract for connection;

c) A map of electricity network boundaries and scope of operation of electricity distribution ".

7. Amending and supplementing Article 23 as follows:

"Article 23. Competence for licensing electricity activities

Competence to grant the permit of electricity activities is prescribed as follows:

1. Ministry of Industry and Trade shall grant the permit for electricity activities in the following areas:

a) Electricity generating activities as to large power generators of special importance in socio-economic, defense and security on the list that have been approved by competent authorities;

b) Transmission of electricity;

c) Electricity export and/or import;

2. Department of Electricity Regulation shall grant the permits for electricity activities in the following areas:

a) Electricity generating activities of power generators with a size from 3MW or more and is outside the cases stipulated in clause 1 of this Article;

b) Electricity wholesale;

c) Electricity distribution;

d) Electricity retail;

e) Professional consultancy on the power industry, including the following areas:

- Consultancy on the planning of national electricity development, the planning of local electricity development and cascade hydropower planning of rivers;

- Consultancy on investment in constructing power plants, consultancy on investment in constructing lines and transformers;

- Consultancy on the supervision of construction of power plants, lines and transformers.

3. People's Committees of provinces and centrally affiliated cities shall grant or authorize the Department of Industry and Trade to grant the permits for electricity activities in the following areas:

a) Electricity generating activities of power plants with a size below 3 MW based in localities;

b) Consultancy on investment in constructing lines and transformers that have a voltage level of 35kV or less and have business registration at the localities;

c) Consultancy on supervision of the construction of lines and transformers with voltage level from 35 kV or less, and with the business registration at the localities;

d) Rural electricity distribution in localities;

d) Rural electricity retail at the localities...

Article 2. Issued together with this Decision is Appendix forms of permits for the electricity activities sectors, including:

1. Appendix form of the electricity generating permit from 3MW or more;

2. Appendix form of the electricity generating permit below 3MW;

3. Appendix Form of the permit for electricity transmission;

4. Appendix form of the permit for electricity retail and distribution;

5. Appendix form of the permit for electricity wholesale;

6. Appendix form for the permit for electrical consultancy.

Article 3. This decision takes effect 15 days after publication in the official gazette. Annulling the Decision dated 09/2007/QD-BCN on February 06, 2007 by the Minister of Industry that amend and supplement Point a, Clause 2 of Article 23 of the Regulation on conditions, order and procedures for amendments, supplementation, withdrawal and management of the use of electricity operation permit issued together with the Decision No. 32/2006/QD-BCN on September 06, 2006 by the Minister of Industry.

Article 4. Director of Department of Electricity Regulation, Chief of Office of the Ministry, Chief Inspector of the Ministry, the Director Generals belonging to the Ministry, the People's Committees of provinces and centrally affiliated cities and organizations or individuals engaged in electricity activities shall be responsible for the implementation of this Decision. /.