• Effective: Expired
  • Effective Date: 13/09/2005
  • Expiry Date: 10/12/2013
CHÍNH PHỦ
Number: 105/2005/NĐ-CP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Ha Noi , August 17, 2005

DECREE

Detailing and guiding the implementation of a number of articles of the Electricity Law

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 3, 2004 Electricity Law;

At the proposal of the Minister of Industry,

DECREES:

Article 1.- Application scope

This Decree details and guides the implementation of a number of articles of the Electricity Law on large power plants of particular significance; the responsibility for investment in the construction of power stations; the management of electricity demands; the conservation of electricity; electricity sale and purchase contracts; the assurance of electric power quality; the metering of electricity, payment of electricity charges, sale and purchase of electricity with foreign countries, electricity prices; electricity activity licenses; electric safety; supports for electricity units and contents of State management of electricity-related activities and electricity use.

Article 2.- Large power plants of particular significance

1. Large power plants of particular socio-economic, defense and security significance, defined in Clause 2, Article 4 of the Electricity Law, include:

a/ Nuclear power plants;

b/ A number of hydro-electric power plants.

2. The Ministry of Industry shall submit to the Prime Minister for approval lists of power plants defined in Clause 1 of this Article.

Article 3.- Responsibilities for investment in the construction of power stations

1. Electricity-generating units shall have to invest in the construction of switching stations and transformer stations under their management, compatible with electricity-generating technological equipment and facilities for connection to the electric system, unless otherwise agreed.

2. Electricity-transmitting and -distributing units shall have to invest in the construction of transformer stations, switching stations and reactive power-compensation stations under their management, unless otherwise agreed.

Article 4.- Construction, improvement of power grids for conservation of electricity

1. New power lines and transformer stations for power transmission and distribution must be designed for use of technical and technological equipment and facilities compatible with regulations, branch standards, Vietnamese standards or equivalent or higher foreign standards, which are permitted by competent State agencies for application in Vietnam.

2. Electricity-transmitting and -distributing units shall have to map out plans and roadmaps for improvement and upgrading of power lines and transformer stations for electricity transmission and distribution so as to ensure economic-technical criteria under regulations.

Article 5.- Management of electricity demands

The management of electricity demands provided for at Point a, Clause 1, Article 16 of the Electricity Law means activities of encouraging or guiding the change of electricity-use manners, raising the efficiency of electric equipment, combating waste and reducing loss of electric power, reducing peak load and load difference between peak hours and off-peak hours.

Article 6.- Responsibilities for management of electricity demands

1. The Ministry of Industry shall have to:

a/ Elaborate and submit to the Prime Minister for approval a national target program on electricity demand management and guide and organize the implementation thereof.

b/ Promulgate branch standards and legal documents on management of electricity demands;

c/ Guide electricity units in elaborating plans and programs on management, modes of management and assessment of results of management, of electricity demands.

2. The Ministry of Science and Technology shall have to promulgate Vietnamese standards on electricity-conservation norms for electric equipment.

3. The Ministry of Construction shall have to promulgate technical standards on efficiency of electricity use in buildings.

4. The Ministry of Finance shall have to formulate financial mechanisms to encourage and support electricity demand management as well as research and development activities related thereto.

5. Electricity units shall have to:

a/ Organize the management of electricity demands;

b/ Report the results of implementation of plans for electricity demand management according to regulations of the Industry Ministry.

6. Electricity-using customers shall have to participate in the implementation of contents of electricity demand-management programs.

Article 7.- Contracts of sale and purchase of electricity for daily life

1. Conditions for signing of contracts of sale and purchase of electricity for daily life:

a/ The electricity purchaser must have full civil act capacity as provided for by law and file his/her electricity-purchase written request enclosed with copy of one of the following papers: household registration book or temporary residence certificate, house ownership certificate or house renting contract;

b/ The electricity seller has a power grid for electricity distribution, fully capable of supplying electricity to meet the electricity purchaser's demand.

2. The electricity seller must sign a contract and supply electricity to the electricity purchaser within seven working days after the latter has met the conditions stipulated at Point a, Clause 1 of this Article. If having no grids for electricity distribution or overloaded grids as certified by the electricity-regulating body, the electricity seller must reply the electricity purchaser within five working days, clearly stating the expected time for electricity supply.

3. The Ministry of Industry shall issue forms of contract of sale and purchase of electricity for daily life.

Article 8.- Acts of violating the regulations on electricity sale and purchase

1. Violations committed by the electricity seller include:

a/ Delaying the supply of electricity after the electricity sale and purchase contract has been signed;

b/ Failing to ensure the quality and quantity of electric power, the stability in the supply of electricity under signed contract, except force majeure circumstances.

c/ Ceasing or reducing the supply of electricity at variance with the provisions of Article 27 of the Electricity Law;

d/ Failing to notify, according to regulations, the electricity purchaser of grid incidents and delaying the repair of grids in case of incidents, except force majeure circumstances;

e/ Delaying the supply of electricity for the customer's works that have met all operation conditions;

f/ Wrongly recording electricity meter readings; wrongly calculating electricity charge amounts in bills; selling electricity at wrong prices;

g/ Using metering devices not up to the prescribed standards;

h/ Using without permission electric works of the electricity purchaser for the supply of electricity to other electricity-using organizations and/or individuals;

i/ Ceasing or reducing the supply of electricity for customers not restricted in use of electricity in the event of electricity shortage;

j/ Delaying or refusing to pay compensations to the electricity purchaser for damage caused by the seller's faults;

k/ Other acts of violating the regulations of electricity sale and purchase.

2. Violations committed by the electricity purchaser include:

a/ Delaying the implementation of the signed contract in case of purchasing electricity for resale to electricity-using organizations or individuals;

b/ Using electricity for purposes other than those stated in the contract;

c/ Failing to cut off electricity or reduce electricity consumption levels when so requested by the electricity seller due to force majeure incidents;

d/ Using electricity in excess of the capacity already registered in the load diagram and stated in the electricity sale and purchase contract at peak hours;

e/ Additionally using, without permission of the electricity seller, electric sources other than those stated in the contract;

f/ Shutting down, switching off, repairing or relocating electric equipment and grid works of the electricity seller;

g/ Failing to liquidate the contract when not using electricity;

h/ Damaging electric equipment or electric works of the electricity seller;

i/ Delaying the payment of electricity charges under regulations without plausible reasons;

j/ Causing incidents to the power grids of the electricity seller;

k/ Cheating in the use of electricity in any form;

l/ Delaying or refusing to pay compensation to the electricity seller for damage caused by his/her/its faults;

m/ Other acts of violating the regulations on electricity sale and purchase.

3. The Ministry of Industry shall guide the order of, and procedures for, the settlement of disputes over electricity sale and purchase contracts when concerned parties request competent agencies or organizations to settle them.

Article 9.- Electric power quality

1. The electricity seller must ensure the quality of electric power supplied to the electricity purchaser according to the following criteria:

a/ Regarding voltage: Under normal conditions, the permitted voltage difference is ±5%, compared to the nominal voltage of a grid and determined at the position of electricity-metering equipment or other positions as agreed upon by the two parties. For grids not yet stabilized after incidents, the permitted voltage difference is between +5% and -10%;

b/ On frequency: Under normal conditions, the permitted frequency difference of the electric system is ±0.2Hz, compared to the nominal frequency of 50Hz. In case of incidents, the permitted frequency difference is ±0.5Hz.

2. The purchaser of electricity for production, business or service purposes with the maximum output of 80 kW or higher or transformer capacity of 100 kVA or higher shall have to:

a/ Register the load diagram and technological properties of electric equipment with the electricity seller;

b/ Ensure the coefficient of cosj ³ 0.85 at the position of electricity-metering equipment under the condition that the electric system is capable of ensuring electric power quality according to the provisions of Clause 1 of this Article;

c/ Install reactive power compensation equipment in case of coefficient cosj < 0.85 so as to raise this coefficient to 0.85 or higher or purchase more reactive power from the electric system of the electricity seller.

3. In cases where the electricity purchaser is capable of generating reactive power on the electric system, the two parties may reach agreement on the purchase and sale of reactive power through a contract.

The Ministry of Industry shall assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the purchase and sale of reactive power provided for in this Article.

4. The electricity purchaser and seller may reach agreement on electric power quality with criteria other than those specified at Points a and b, Clause 1 of this Article.

Article 10.- Metering of electricity

1. The electricity purchaser that uses electricity for different purposes at different prices may install separate meters for separate use purposes. In cases where separate meters have not yet been installed, the two parties must reach agreement on the way of calculating electric power rate at each price.

2. When changing electricity meters, the electricity purchaser and seller must together sign minutes to certify meter readings.

3. In cases where electricity meters are lost or damaged, causing power outage, the two parties shall make minutes thereon to determine the causes thereof and the responsibilities of concerned parties. If unable to attribute power outage to the faults of the electricity purchaser, the electricity seller shall have to repair or replace old meters with new ones and continue supplying electricity to the purchaser.

Article 11.- Recording of electricity meter readings

1. With regard to electricity used for daily-life purposes, the electricity seller shall record electricity meter readings once a month on a given date and may shift to the date before or after this date as well, except for force majeure cases.

2. For electricity used for purposes other than daily-life purposes, the electricity seller shall record electricity meter readings as follows:

a/ Once a month, for readings of under 50,000 kWh/month;

b/ Twice a month, for readings of between 50,000 and 100,000 kWh/month;

c/ Thrice a month, for readings of over 100,000 kWh/month.

3. For the electricity purchaser that uses less than 15 kWh/month, the recording of electricity meter readings shall be agreed upon by the two parties.

4. For the wholesale of electricity, the time for recording electricity meter readings shall be agreed upon by the two parties in the contract.

5. The electricity seller must ensure the accuracy of recorded electricity meter readings.

Article 12.- The electricity purchaser's responsibility to protect electricity meters

1. To protect electricity meters under their management as agreed upon in the electricity sale and purchase contract. To pay compensation if electricity meters are lost and pay costs of repair and expertise if such meters are damaged.

2. Not to remove or relocate electricity meters without permission. If wishing to relocate electricity meters, to get consent of the electricity seller and bear relocation costs.

Article 13.- Expertise of electricity-metering equipment which is complained about

1. Provincial/municipal Industry Services shall be the agencies performing the State management of electricity-related activities and electricity use in localities, responsible for organizing the expertise of electricity-metering equipment at the request of the electricity purchaser according to the provisions of Clause 3, Article 25 of the Electricity Law.

2. Independent organizations expertizing electricity-metering equipment mean organizations with no rights and interests related to electricity sellers and purchasers, and not yet involved in the expertise of electricity-metering equipment being complained about.

Article 14.- Payment of electricity charges

1. Bills for payment of electricity charges shall be made simultaneously with the recording of electricity meter readings.

2. In cases where electricity meters run faster, compared to the prescribed criteria, electricity charges shall be paid according to the provisions of Article 23 of the Electricity Law and determined as follows:

a/ If being able to determine the excessive duration, the electricity seller must repay the excessive electricity charge amount to the electricity purchaser;

b/ If being unable to determine accurately the excessive duration, the electricity seller must return the excessive electricity charge amount corresponding to four periods of electricity meter-reading recording, including the period when electricity is being used but the reading-recording date has not come yet.

3. In cases where electricity meters have been lost or ceased operation but the electricity purchaser still uses electricity, the payable electricity charge amount shall be calculated by multiplying the daily average electricity-consumption amount in the three preceding periods of meter- reading recording by the actual number of days of electricity use. The actual number of days of electricity use shall be counted from the last day of meter-reading recording to the day when electricity meters resume operation.

4. Agencies and organizations competent to organize conciliation according to the provisions of Clause 5, Article 23 of the Electricity Law are provincial/municipal Industry Services or other agencies or organizations as agreed upon by the two parties.

Article 15.- Sale and purchase of electricity with foreign countries

1. The authority competent to permit the sale and purchase of electricity with foreign countries defined in Clause 1, Article 28 of the Electricity Law is the Prime Minister.

2. The Ministry of Industry shall consider electricity units' requests for sale and purchase of electricity with foreign countries and submit them to the Prime Minister for decision.

Article 16.- Electricity retail prices

1. The electricity retail prices applied by electricity retailers that purchase electricity wholesale through the national electric system for direct sale to electricity-using customers shall comply with price levels in the electricity retail price table approved by the Prime Minister.

2. The electricity retail prices applied by independent electricity-generating units that sell electricity directly to electricity-using customers shall be agreed upon by the two parties but not exceed the price brackets in the electricity retail price table approved by the Prime Minister.

3. The electricity retail prices under term contracts of electricity sale and purchase in the competitive electricity retail market shall be agreed upon by the sellers and the purchasers but not exceed the price brackets in the electricity retail price table approved by the Prime Minister.

4. The electricity retail prices applied to major electricity-using customers in the competitive electricity wholesale and retail markets are prescribed as follows:

a/ For electricity purchased via term contracts, such prices shall be agreed upon by the two parties but not exceed the price brackets in the electricity retail price table approved by the Prime Minister;

b/ For electricity purchased under spot contracts in the market at the time of transaction, such prices shall be announced by units administering transactions on the electricity market.

Article 17.- Consultation on electricity retail price tables

1. The electricity-regulating body shall have to organize consultation with concerned agencies, organizations and customers on electricity retail price tables.

2. The Ministry of Industry shall guide the order of, and procedures for, consultation on electricity retail price tables.

Article 18.- Time limit for evaluating and deciding electricity retail price tables

1. Within 7 working days after receiving the complete and valid dossiers, the Finance Ministry shall have to give written evaluation of electricity retail price tables.

2. Within 15 working days after receiving the electricity retail price tables, which have been commented by concerned ministries and branches, and the written evaluation of the Finance Ministry, the Prime Minister shall decide on the approval of such tables.

3. In cases where it is necessary to prolong the period of evaluation of electricity retail price tables, the evaluating agency shall notify such in writing to the agencies that have submitted such tables. The prolonged duration must not exceed 15 working days, compared to the prescribed period.

4. The Ministry of Industry shall guide measures of formulation, examination and submission for approval of electricity retail price tables.

Article 19.- Promulgation of electricity retail price tables

1. The electricity-regulating body shall have to publicize on the mass media or in other forms of communication new electricity retail price tables after they are approved by the Prime Minister.

2. Electricity units must post up electricity retail price tables at their head offices and transaction spots.

Article 20.- Electricity-generating and
-wholesaling prices

1. Electricity-generating and -wholesaling prices under forward contracts of electricity sale and purchase shall be decided by electricity units themselves according to agreement between electricity sellers and purchasers but not exceed the price brackets already approved by competent State agencies.

2. Under the condition that electricity-generating and -wholesaling units are interdependent, neither substituting nor competing with one another in the market, at the request of the electricity seller or the electricity purchaser in case they fail to reach agreement on the sale and purchase price for signing a term contract on electricity sale and purchase or at the request of the Prime Minister, the Industry Ministry shall coordinate with the Finance Ministry in organizing a price negotiation according to current provisions of law. The results of price negotiation agreed upon by concerned parties shall serve as a basis for the electricity purchaser and seller to conclude forward contracts of electricity sale and purchase.

3. In cases where a price negotiation has been held but the concerned parties still fail to reach agreement on a price level, after getting written consent of the Finance Ministry, the Industry Ministry shall decide on a provisional price level to serve as a basis for application until the electricity seller and purchaser reach agreement on the official price level.

Article 21.- Conditions for grant of electricity activity licenses

1. Organizations and individuals involved in electricity generation must meet the following conditions:

a/ Having necessary technological equipment and means, workshops and architectural works compliant with the approved technical designs, which have been built, installed and tested before acceptance as meeting current technical standards and regulations.

b/ Persons directly involved in technical management and production must have university diplomas in electricity or suitable technical branch and have worked in the field of electricity production for at least 5 years. The contingent of workers directly involved in operation must be trained and inspected in the operation and safety process.

2. Organizations involved in electricity transmission and distribution must meet the following conditions:

a/ Having necessary technological equipment and means, workshops and architectural works, which are compatible with approved technical designs and have been built, installed and tested before acceptance as meeting current technical standards and regulations as well as requirements of the work of maintenance, repair and inspection of transmission lines, transformer stations, switching stations and compensation stations in the electricity transmission and distribution system;

b/ Persons directly involved in technical management must have university diplomas in electricity branch and worked in the field of electricity transmission and distribution for at least 5 years. The contingent of workers directly involved in operation must be trained and inspected in the operation and safety process.

3. Electricity-wholesaling and -retailing organizations and individuals must meet the following conditions:

Persons directly involved in technical or production management must have university diplomas in electricity branch and worked in the field of electricity techniques, production or trading for at least 5 years. Workers directly involved in operation must be trained professionally and inspected in the operation and safety process according to the prescribed grades and ranks.

4. Organizations and individuals involved in the sale of electricity in rural areas must meet the following conditions:

Persons directly involved in electricity operation and repair must be trained in electricity branch, granted certificates by job-teaching establishments, professionally qualified and drilled, tested in terms of electricity safety and granted safety cards by the provincial/municipal Industry Services to work within rural power grids.

5. Electricity-specialized consultancy organizations must meet the following conditions:

a/ Having a contingent of experts suitable to the fields of consultancy activities.

b/ Having major experts with university or higher degree, who have worked in the field of consultancy for at least 5 years.

Article 22.- Contents of electricity activity licenses

Electricity activity licenses granted for electricity generation, transmission and distribution must clearly state the contents stipulated in Clauses 4 and 5, Article 35 of the Electricity Law. Concretely:

1. For electricity generation:

a/ The installed capacity and system's working regime;

b/ The fuel or water sources in use;

c/ The labor training and use;

d/ The safety.

2. For electricity transmission and distribution:

a/ The voltage and operation area;

b/ The electricity transmission and distribution capability and operation area;

c/ The labor training and use;

d/ The safety.

Article 23.- Terms of electricity activity licenses

1. The terms of electricity generation licenses shall comply with the technologies used by power plants of each type and the requests of applying organizations or individuals but not exceed 50 years each.

2. The terms of electricity transmission licenses shall comply with the requests of applying organizations but not exceed 30 years each.

3. The terms of electricity distribution licenses shall comply with the requests of applying organizations or individuals but not exceed 20 years each.

4. The terms of electricity wholesale and retail licenses shall comply with requests of applying organizations or individuals but not exceed 10 years each.

5. The terms of electricity-specialized consultancy licenses shall comply with the requests of applying organizations but not exceed 10 years each.

Article 24.- Amendment, supplementation of electricity activity licenses

1. Electricity activity licenses shall be amended or supplemented at the request of licensed individuals or organizations in case of a change in one of their contents defined in Article 35 of the Electricity Law.

2. For the purpose of protecting socio-economic interests and public welfare, the licensing agency shall have the right to amend or supplement electricity transmission and distribution licenses. Such amendment or supplementation must suit the capacity of the licensees.

Article 25.- Order of, and procedures for, the grant, amendment and supplementation of electricity activity licenses

1. Organizations and individuals requesting the grant of electricity activity licenses shall each send to the licensing agency three dossier sets according to the provisions of Article 33 of the Electricity Law and detailed guidance of the Industry Ministry for each type of electricity-related activity; and be held responsible for the accuracy and truthfulness of the requesting dossiers.

2. Within 5 working days after receiving dossiers of request for the grant, amendment or supplementation of electricity activity licenses, the licensing agency must notify in writing the concerned electricity units of whether their dossiers are valid or invalid. In cases where the dossiers are invalid, the licensing agency must clearly state the reasons and request supplementation or amendment of related data, documents or information for the completion of dossiers.

3. Within 30 working days after receiving complete and valid dossiers, the licensing agency must grant, amend or supplement electricity activity licenses; in case of refusal, they must notify such in writing, clearly stating the reasons therefor.

4. In cases where the agency competent to grant electricity activity licenses requests electricity units to amend or supplement licenses, within 15 working days after receiving its requests, the electricity units must give written replies.

Article 26.- Grant of licenses to organizations and individuals being involved in electricity-related activities

1. Organizations and individuals that meet all the conditions specified in Article 32 of the Electricity Law and provisions of this Decree and have been granted electricity activity licenses shall be entitled to continue operation according to their licenses.

2. Organizations and individuals that meet all the conditions specified in Article 32 of the Electricity Law and provisions of this Decree but have no electricity activity licenses must fill in the procedures requesting the grant of such licenses under regulations.

3. Organizations and individuals being involved in electricity-related activities but having not yet met the conditions stipulated in Article 32 of the Electricity Law and provisions of this Decree may continue operation for 2 years. Past this time limit, if they still fail to meet the conditions for the grant of electricity activity licenses, they must stop such electricity-related activities.

Article 27.- Withdrawal of electricity activity licenses

1. When withdrawing electricity activity licenses, the competent agency must clearly determine the period of time for electricity units to continue operation in order not to affect the supply of electricity to electricity-using customers.

2. Within 30 days after their licenses are withdrawn, electricity units shall have the right to complain with competent State agencies about such withdrawal.

3. The Industry Ministry shall guide in detail the conditions for, and order of, the grant, amendment, supplementation and withdrawal of electricity activity licenses for each specific domain.

Article 28.- Right to engage in management sector of the electricity purchaser

Persons nominated by an electricity unit to engage in management sector of the electricity purchaser to perform tasks of inspecting, recording meter readings and contacting customers according to the provisions of Point c, Clause 1 of Article 41, Point d, Clause 1 of Article 43, and Point e, Clause 1, Article 44 of the Electricity Law must be granted professional cards and show such cards to the electricity purchaser.

Article 29.- General provisions on safety for electric equipment and electric works

1. The designing and manufacture of electric equipment and construction of electric works must comply with branch regulations and standards, Vietnamese standards or appropriate international standards recognized by Vietnamese competent agencies and must satisfy the following requirements on safety:

a/ The electric safety;

b/ The construction safety;

c/ The safety of technologies using primary energy sources (water, coal, petroleum, natural fuel gas and other forms of energy);

d/ The safety in fire and explosion prevention and fight;

e/ The safety in ecological environment and labor hygiene.

2. Newly-produced or -imported electric equipment or facilities must accompany quality certificates or quality registration labels suitable with the law-prescribed standards and regulations and use instructions together with technical parameters, properties and utilities as well as other notes to guide consumers in prevention of electric incidents and accidents.

3. Electric works shall be put in use only after being experimented, adjusted and tested for acceptance as meeting the safety and quality standards.

Article 30.- Safety in power generation, transmission and distribution

1. When investing in the construction of power plants, stations and transmission lines, investors must have all technical designs, construction designs, total cost estimates and detailed estimates approved, documents on installation and construction completion and other technical documents required by the construction law for hand-over to operation management units.

2. Before putting power plants, stations or transmission lines in use and operation, their owners must conduct experimentation and adjustment of part or whole of equipment system in the electricity-generating and -transmitting technological lines to ensure their conformity with technical standards and parameters defined in the approved designs. Experimentation and adjustment dossiers must be included in minutes on acceptance after test of part or whole of projects.

3. In cases where overhead power transmission lines stretch across populated areas where people regularly reside and work, operation management units must not allow the use of overloaded lines.

Article 31.- Responsibility to ensure safety of organizations and individuals using electricity for production

1. Having complete documents on electric safety regulations and criteria; compiling, promulgating, guiding and organizing the implementation of processes, regulations and rules on electric safety, applicable within agencies and enterprises, on the basis of the State's current standards and regulations.

2. Compiling, managing dossiers, history books and technical documents related to electric equipment and facilities. Operation spots must have adequate procedures for operating equipment, handling incidents and ensuring safety in relevant branches, power grid diagrams, fire prevention and fighting regulations, operation journals, labor protection tools and devices, electric safety signboards and other tools and equipment under regulations.

3. Arranging officials, using laborers for jobs directly related to electricity, who fully meet the following conditions:

a/ Having been professionally and technically trained according to requirements of branches and jobs;

b/ Having been drilled and granted electric safety cards.

4. Strictly implementing the State regimes and policies on labor protection. Guaranteeing working conditions as well as tools and equipment to ensure safety for individual laborers exposed to electricity in their work.

5. Inspecting and promptly remedying shortcomings in the observance of rules and regulations on electric safety in their units.

6. Properly implementing the regime of maintenance, quality improvement and assurance of operation safety of equipment.

7. Organizing research and application of technical advances and new technologies to production in order to raise safety coefficients of the production process.

8. In case of electricity incidents or accidents, quickly applying necessary measures to save victims and reduce losses and organizing investigation to analyze causes, reviewing, determining responsibilities, finding out subjective causes, working out preventive plans, thus preventing the re-occurence of incidents and accidents.

9. Conducting statistical and monitoring work, reporting electric incidents and accidents according to regulations.

10. Organizing or participating in the wide dissemination and popularization of the work of electric safety.

Article 32.- Responsibility for management of electric safety

1. The Ministry of Industry shall have to:

a/ Promulgate, guide, organize the implementation of regulations and branch standards on electric safety;

b/ Coordinate activities of State management of electric safety between ministries, branches and localities;

c/ Organize the expertise of quality of electric equipment, tools and products in terms of their safety;

d/ Inspect, examine the assurance of electric safety by organizations and individuals involved in electricity-related activities and using electricity; detect and handle violations according to the provisions of law.

2. The Ministry of Science and Technology shall have to:

a/ Manage scientific and technical research and application with respect to electric safety;

b/ Coordinate with the Industry Ministry in formulating, perfecting, promulgating and managing the system of Vietnamese standards on electric safety.

3. The Ministry of Construction shall have to:

a/ Promulgate standards and regulations on installation of electric networks in construction works for uniform application throughout the country;

b/ Promulgate standards and regulations for safe earthing systems in buildings.

4. Provincial/municipal People's Committees shall have to:

a/ Perform the state management of electric safety within their respective localities under guidance and direction of the Industry Ministry and specialized ministries;

b/ Set electric safety targets for inclusion in socio-economic development and budget plans of localities;

c/ Organize the management and protection of safety of reservoirs in service of hydro-electric power plants under local management;

d/ Announce boundary markers for use of land within safety corridors of electric works;

e/ Detect, prevent and promptly handle cases of illegally encroaching upon, appropriating or using reservoirs of hydro-electric power plants and safety corridors of electric works.

Article 33.- Conditions for connection of electric works to national power grids

1. Electric works connected to national power grids must meet the set technical conditions and standards and consented by units managing the operation of such grids with respect to connection points.

2. The Industry Ministry shall provide technical conditions and criteria as well as procedures for connection of electric works to national power grids.

Article 34.- Supports for investment in electricity development in rural, mountainous and island areas

The Finance Ministry shall assume the prime responsibility for, and coordinate with the Industry Ministry in, guiding the implementation of policies on supports for investment in electricity development in rural, mountainous and island areas.

Article 35.- Contents of State management over electricity-related activities and electricity use

1. Elaborating electricity development strategy and planning and directing the implementation thereof.

2. Promulgating legal documents on electricity-related activities and electricity use and organizing the implementation thereof.

3. Promulgating electricity pricing policy and retail price tables.

4. Setting economic-technical criteria and norms as well as electric safety criteria and regulations applicable to electricity-related activities, electricity use and relevant electricity services.

5. Managing investment in electricity-related activities in accordance with the provisions of law.

6. Organizing and managing scientific and technological research activities in the field of electricity. Organizing, directing the elaboration of planning and training scientists, managers and technical workers in electricity.

7. Managing the thrifty and efficient use of electricity. Managing and rationally exploiting power resources in service of electricity generation, environmental protection and policies related to the management of electricity demands.

8. Organizing a system of information on electricity-related activities and electricity use.

9. Entering into international cooperation on electricity-related activities.

10. Supervising the supply and use of electricity. Inspecting, suggesting solutions to the implementation of programs for management of electricity demands.

11. Examining, inspecting the observance of law on electricity-related activities and electricity use; settling disputes, complaints, denunciations about and handling law violations in electricity-related activities and electricity use.

12. Propagating, popularizing, educating about law on electricity-related activities and electricity use. Guiding electricity-using customers in implementing legal provisions on electricity sale and purchase, electricity prices, management of electricity demands and thrifty use of electricity.

Article 36.- Implementation effect

This Decree takes effect 15 days after its publication in "CONG BAO" and replaces the Government's Decree No. 45/2001/ND-CP of August 2, 2001, on electricity-related activities and electricity use, and Decree No. 169/2003/ND-CP of December 24, 2003, on electric safety.

Article 37.- Implementation responsibility

The Minister of Industry shall guide the implementation of this Decree.

Ministers, heads of ministerial-level agencies, heads of Government-attached agencies, and presidents of People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

Thủ tướng

(Signed)

 

Phan Van Khai

 

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