| OFFICE OF THE NATIONAL ASSEMBLY | THE SOCIALIST REPUBLIC OF VIETNAM |
| No. 06/VBHN-VPQH | Hanoi, January 25, 2022 |
LAW
ON ELECTRICITY
The Law on Electricity No. 28/2004/QH11 dated December 02, 2004 of the National Assembly, which has been effective since July 01, 2005, is amended by:
1. The Law No. 24/2012/QH13 dated November 20, 2012 of the National Assembly on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
2. The Law No. 28/2018/QH14 dated June 15, 2018 of the National Assembly on Amendments to some Articles concerning planning of 11 Laws, which has been effective since January 01, 2019;
3. The Law No. 03/2022/QH15 dated January 11, 2022 of the National Assembly on Amendments to Certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which has been effective since March 01, 2022.
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam amended under the Resolution No. 51/2001/QH10 dated December 25, 2001 of the 5th National Assembly, the 10th session;
This Law provides for electricity[1].
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GENERAL PROVISIONS
Article 1. Scope
This Law provides for electricity development planning and investment in electricity development; electricity saving; electricity market; rights and obligations of organizations and individuals conducting electricity-related activities and using electricity; protection of electrical equipment and electricity works, and electric safety.
Article 2. Regulated entities
This Law applies to organizations and individuals conducting electricity-related activities, using electricity or engaged in other electricity-related activities in Vietnam. Where any treaty to which the Socialist Republic of Vietnam is a signatory or accedes contain provisions different from those specified this Law, the former shall prevail.
Article 3. Definitions
For the purposes of this Law, the terms below shall be construed as follows:
1. “electricity-related activities” mean activities of organizations or individuals in the fields of electricity development planning, investment in electricity development, electricity generation, electricity transmission, electricity distribution, load dispatching, regulation of electricity market transactions, electricity wholesaling and retailing, electrical consulting and other relevant activities.
2. “electric utility” means an organization or individual carrying out electricity generation, electricity transmission, electricity distribution, load dispatching, regulation of electricity market transactions, electricity wholesaling and retailing, electrical consulting and other relevant activities.
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4. “electricity wholesaling” means the sale of electricity by one electric utility to another for resale to a third party.
5. “electricity retailing” means the sale of electricity by one electric utility to electricity consumers.
6. “electricity consumer" means a retail purchaser of electricity who uses or consumes the electricity purchased and does not resell the electricity purchased to another organization or individual.
7. “large electricity consumer” means a consumer that uses electricity with large power and consumption as prescribed by the Ministry of Industry and Trade[2] in a manner that is appropriate to each period of power system development.
8. “electricity tariff” means a list of specific electricity prices and price brackets applicable to electricity buyers and sellers under different conditions.
9. “electricity price bracket” means the range of permissible electricity price fluctuations between the lowest price (floor price) and the highest price (ceiling price).
10. “national power system” means a system of electricity-generating equipment, electrical grids and auxiliary equipment which are connected and uniformly controlled nationwide.
11. “electricity regulation” means the impact exerted by the State on electricity-related activities and electricity market with a view to supplying electricity safely, stably and qualitatively, using electricity economically and efficiently and ensuring fairness, transparency and law compliance.
12. “load dispatching” means the commanding and control of the process of electricity generation, electricity transmission, electricity distribution within the national power system according to determined technical processes, regulations[3] and operation method.
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14. “electricity metering devices” means those used for measuring the power, amount of electric energy, electric current, voltage, frequency, power factor, including electricity meters, and accompanying equipment and accessories.
15. “electricity theft” means an act of illegally taking electricity without mater meters, tampering of an electricity meter and other electrical equipment related to electricity metering, deliberate or collaboration on recording of in electricity meter readings and other fraudulent acts of taking electricity.
16. “electrical work” means a combination of facilities, machinery, equipment, construction structures in direct service of electricity generation, electricity transmission, electricity distribution, load dispatching, electricity purchase and sale; a system for protection of electrical works; electrical grid safety corridors; land used for electrical works and other auxiliary works.
17. [4] “electricity wholesale price” means the price at which the electricity of an electric utility is sold to another for resale.
18. [5] “electricity retail price” means the price at which the electricity of an electric utility is sold to electricity consumers.
Article 4. Electricity development policies
1. Develop electricity in a sustainable manner on the basis of optimally tapping all resources, satisfying demands for electrical energy in service of people's life and socio-economic development with stable quality, safety and economy, civilized services, thus contributing to the maintenance of national defense, security and national energy security.
1a. [6] Prioritize development of electricity to service rural areas, mountainous areas, border areas, islands and extremely disadvantaged.
2. [7] Build up and develop the electricity market on the principle of publicity, equality, fair competition with the State's regulation to raise efficiency in electricity-related activities; protect legitimate rights and interests of electricity utilities and electricity consumers; attract all economic sectors to participate in investment in the construction of transmission grids on the basis of ensuring national defense and security and according to the planning for electricity development, electricity generation, electricity distribution, electricity wholesaling, electricity retailing and/or electrical consulting.
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2a. [8] The State holds monopoly in the following activities:
a) National load dispatching;
b) Construction and operation of large power plants of socio-economic significance or in service of defense or security purpose;
c) Operation of distribution grids, except for the transmission grid built by non-state economic sectors.
3. [9] Apply scientific and technological advances to electricity-related activities and use with a view to saving, raising the efficiency in using various energy sources, and protecting the environment; encourage research, development, production and use of modern equipment to satisfy the requirement of electricity development.
4. [10] Step up the exploitation and use of sources of new energy sources and renewable energy for electricity generation; provide incentives for projects on investment in development of power plants using sources of new energy sources and renewable energy.
Article 5. International cooperation in electricity-related activities
Expand international cooperation and international economic integration in electricity-related activities on the basis of respect for each other’s national independence and sovereignty and mutual benefits. The State encourages and enables foreign organizations and individuals to participate in electricity-related activities in Vietnam; domestic organizations and individuals to cooperate with foreign organizations and individuals, and international organizations in electricity-related activities.
Article 6. Dissemination of and education about electricity law
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2. Vietnamese Fatherland Front and its member organizations shall, within their jurisdiction, cooperate with the agencies performing the state management of electricity-related activities and electricity use in mobilizing people to use electricity safely, economically and efficiently and to strictly comply with regulations of law on electricity.
Article 7. Prohibited acts in electricity-related activities and electricity use
1. Destroying electrical equipment, electricity metering devices and electrical works.
2. Conducting electricity-related activities without the license as prescribed by this Law.
3. Switching on or off electricity in contravention of law.
4. Violating regulations on safety in electricity generation, transmission, distribution and use.
5. Obstructing the inspection of electricity-related activities and electricity use.
6. Electricity theft.
7. Using electricity as animal traps or means of protection, except for the cases prescribed in Article 59 of this Law.
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9. Providing untruthful information, thus causing harms to the legitimate rights and interests of organizations and individuals conducting electricity-related activities or using electricity.
10. Abusing positions and/or powers to cause troubles or earn illegal profits in electricity-related activities and electricity use.
11. Other violations prescribed by regulations of law on electricity.
Chapter II
PLANNING FOR AND INVESTMENT IN ELECTRICITY DEVELOPMENT
Article 8. Electricity development planning [11]
1. Electricity development planning is the national sector planning and serves as a basis for electricity development.
2. The electricity development planning shall be formulated as prescribed by the law on planning and conformable with:
a) the national energy development strategy;
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3. The electricity development planning covers a period of 10 years. The orientations of the electricity development planning cover a period of 30 - 50 years.
Article 8a. [12] (annulled)
Article 9. Formulating, appraising, announcing, organizing implementation of and adjusting the electricity development planning [13]
1. The Ministry of Industry and Trade shall organize the formulation of the electricity development planning and submit it to the Prime Minister for approval as prescribed by the law on planning.
2. People’s Committees of provinces shall organize the development of contents of electricity supply network development plan included in the provincial planning.
3. The electricity development planning shall be formulated, appraised, approved, announced, implemented and adjusted as prescribed by the law on planning.
Article 10. Costs of formulating, appraising, approving, announcing, adjusting and assessing implementation of the electricity development planning [14]
The costs of formulating, appraising, approving, announcing, adjusting and assessing implementation of the electricity development planning are prescribed by the law on planning.
Article 11. Investment in electricity development
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2. Every electricity project investor shall strictly comply with regulations of law on investment, construction and environmental protection.
3. Electricity generation units, electricity transmission units and electricity distribution units shall make investment in construction of electrical substations, meters and lines transmitting electricity to meters for the sale of electricity.
4. Organizations or individuals that build or renovate/expand electrical works must use modern technical equipment and technologies conforming to technical regulations[16], industry standards and Vietnam standards prescribed by competent authorities.
5. The Ministry of Industry and Trade[17] and provincial People’s Committees shall publish a list of electricity projects attracting investment from time to time and licensed investment projects.
Article 12. Use of land for electrical works
1. According to the electricity development planning and land use planning and plan which have been approved by the competent authority, People's Committees at all levels shall provide adequate land for construction of electrical works.
2. When setting up a project on electrical work construction, the investor must clearly determine the area of land to be used and the compensation and land clearance plan.
3. After the electricity project has been approved, the competent authority shall decide to allocate or lease out land to the investor for execution of the project.
4. People's Committees at all levels shall, within their jurisdiction, preside over and cooperate with electricity project investors in formulating and executing the relocation and land clearance; providing compensation for loss of land or property; protecting the area of land reserved for the project and electrical work safety corridor.
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THRIFT PRACTICE IN ELECTRICITY GENERATION, TRANSMISSION, DISTRIBUTION AND USE
Article 13. Policies and measures to encourage and promote electricity saving
1. The State shall support and encourage electricity saving by adopting the following policies:
a) Encouraging domestic manufacture or import of, and application of tax incentives to products on the lists of electricity-saving products and equipment, supplies and technology lines imported for manufacture of electricity-saving products;
b) Granting preferential loans from the Development Assistance Fund and the Science and Technology Development Fund to projects on manufacture of electricity-saving products or investment projects serving the energy-saving purpose;
c) Providing investment, electricity price and tax incentives under the guidance of the Ministry of Finance to projects on development of power plants using new energy sources and renewable energy.
2. Ministries, ministerial agencies, Governmental agencies and provincial People's Committees shall set up programs and projects on promotion of economical and efficient use of electricity; provide adequate funding for scientific research and technology development to achieve the electricity-saving objective.
3. According to the socio-economic development objective, the Ministry of Industry and Trade[18] shall cooperate with relevant ministries in designing a national energy efficiency programme and submit it to the Prime Minister for decision.
Article 14. Thrift practice in electricity generation
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2. Self-consumption power systems in power plants must be appropriately designed and installed, and used during the operation process in a manner that is satisfies the requirements for self-consumption power saving.
Article 15. Thrift practice in electricity transmission and distribution
Transmission lines and electrical substations must meet advanced techno-economic parameters and standards and be operated by optimal methods in order to satisfy the requirements for stable, safe and constant supply of electricity and minimize the loss of electric energy.
Article 16. Thrift practice in electricity use
1. Organizations and individuals using electricity for production shall:
a) Execute the demand side management program in order to reduce power difference between peak hours and off-peak hours of the power system load profile;
b) Improve and rationalize the process for manufacture and application of technologies and equipment with low power consumption to save electricity;
c) Minimize the use of high-power electrical equipment at peak hours of the power system load profile;
dd) Maintain the power factor according to technical standards and minimize the underload use of electrical equipment;
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2. Retail prices of electricity for production, daily life and service provision must be set in a manner that stimulates organizations and individuals to use electricity economically and encourages the use of electricity at off-peak hours, reduce the use of electricity at peak hours of the electric system load profile.
3. Organizations and individuals that manufacture or import lighting and air-ventilating equipment, air conditioners, water pumps, water heaters, lifts and other equipment for domestic purposes must meet the advanced energy efficiency criteria so as to reduce the cost of electricity, thus contributing to electricity saving.
4. Agencies and organizations shall promulgate regulations on thrift practice in electricity use within their respective agencies and organizations.
5. The Government shall direct the establishment and promulgation of energy efficiency criteria applicable to electrical products and commodities.
Chapter IV
ELECTRICITY MARKET
Section 1. PRINCIPLES, ENTITIES AND FORMS OF AND ACTIVITIES ON ELECTRICITY MARKET
Article 17. Rules
1. Ensure publicity, transparency[20], equality, fair competition and non-discrimination among entities participating in the electricity market.
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3. The state shall regulate activities on the electricity market in order to facilitate sustainable development of the power system and satisfaction of the requirements for safe, stable and efficient supply of electricity.
Article 18. Formation and development of electricity market
1. The electricity market is formed and developed[21] at the following levels:
a) Competitive electricity generation market;
b) Competitive wholesale electricity market;
c) Competitive retail electricity market.
2. [22] The Prime Minister shall provide for conditions and structure of electricity industry to form and develop levels of the electricity market; the roadmap for electricity market development, carry out review and adjustment so as to speed up the roadmap in a manner that suits the socio-economic situation from time to time.
Article 19. Entities participating in electricity market
1. Electricity generation units.
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3. Electricity distribution units.
4. Electricity wholesalers.
5. Electricity retailers.
6. National load dispatch units.
7. Electricity market transaction regulation units.
8. Electricity consumers.
Article 20. Purchasing and selling electricity on electricity market
1. Entities purchasing and selling electricity on the electricity market consist of:
a) Electricity generation units;
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c) Electricity retailers;
d) Electricity consumers.
2. The purchase and sale of electricity on the electricity market shall be effected in the two following forms:
a) Under a fixed-term contract between the electricity seller and the electricity purchaser;
b) Under a spot contract between the electricity seller and the electricity purchaser through an electricity market transaction regulation unit.
3. Every electricity market transaction regulation unit shall regulate and coordinate transactions in purchase and sale of electricity and ancillary services on the electricity market.
Article 21. Transactions and regulation of transactions on electricity market
1. Main provisions on transactions on the electricity market include:
a) Rights and obligations of entities participating in the electricity market relevant to the levels of development of the electricity market;
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c) National load dispatching on the electricity market;
d) Fault handling process;
dd) Spot purchase and sale of electricity on the electricity market;
e) Offering prices and determining market prices;
g) Preparing invoices and making payment between the entities specified in clause 1 Article 20 of this Law and ancillary service providers;
h) Providing ancillary services and prices of ancillary services[23];
i) Imposing penalties for violations and settling disputes and complaints about electricity purchase and sale and ancillary services on the electricity market;
k) Providing and publicizing information relating to transactions and regulation of transactions on the electricity market.
2. Main provisions on regulation of transactions on the electricity market include:
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b) Publicizing spot prices of electricity and prices of ancillary services prescribed in clause 1 of this Article;
c) Providing transaction services and preparing payment invoices for the amount of electricity and power purchased and sold under a spot contract and ancillary services;
d) Receiving and handling proposals related to transactions in electricity purchase and sale on the electricity market in order to ensure the stability and efficiency and prevent unfair competition practices;
dd) Providing information relating to transactions and regulation of transactions on the electricity market to relevant parties;
e) Reporting transactions in the purchase and sale of electricity on the electricity market to the electricity regulatory agency.
3. The Ministry of Industry and Trade[25] shall elaborate on clause 1 and provide guidelines for implementation of clause 2 of this Article in conformity with each level of development of electricity market; prescribe the organizational structure, tasks and specific powers of each electricity market transaction regulation unit.
Section 2. ELECTRICITY PURCHASE AND SALE AND ELECTRICITY SUPPLY SERVICE UNDER FIXED-TERM CONTRACTS
Article 22. Fixed-term power purchase agreements
A fixed-term power purchase agreement (PPA) shall be made in writing and contain the following contents:
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2. Intended uses;
3. Service standards and quality;
4. Rights and obligations of the parties;
5. Electricity prices, methods and time of payment;
6. Conditions for agreement termination;
7. Responsibility for breach of agreement;
8. Term of the agreement;
9. Other contents agreed upon by the two parties.
Article 23. Electricity bill payment
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2. If the electricity purchaser delays in paying electricity bills, they must also pay the late payment interest to the electricity seller.
3. If the electricity seller collects electricity bill overpayment, they must refund the excess to the electricity purchaser, including the interest on such overpayment.
4. The rate of interest on the late payment or overpayment shall be agreed upon by the parties under the agreement but shall not exceed the highest interest rate quoted at the time of payment by the bank where the electricity seller's account, as defined in the signed agreement, is opened.
5. The electricity purchaser may request the electricity seller to check the electricity bill payable. Upon receiving the electricity purchaser’s request, the electricity seller shall process it within fifteen days. Where they disagree with the electricity seller, the electricity purchaser shall request the competent authority to initiate the conciliation procedure. In case of no request for conciliation submitted or unsuccessful conciliation, the electricity purchaser shall file a lawsuit at the court in accordance with regulations of law on civil procedures. Pending conciliation results, the electricity purchaser still has to pay the electricity bill and the electricity seller must not disconnect the electricity supply.
6. [26] Where the electricity purchaser does not pay the electricity bill and has been notified of the payment twice by the electricity seller, the electricity seller is entitled to disconnect the electricity supply fifteen days after the first notification. The electricity seller must notify the time of electricity supply disconnection to the electricity purchaser 24 hours in advance and is not required to bear responsibly for the damage caused by the electricity supply disconnection.
Article 24. Electricity metering
1. Electricity generation units, electricity transmission units and electricity distribution units shall invest and install all electricity metering devices and auxiliary equipment for electricity metering, unless otherwise agreed upon by the parties to safeguard their interests in compliance with regulations of law[27].
2. [28] Electricity metering devices must satisfy technical requirements for measurement and be inspected, calibrated and tested in accordance with regulations of law on measurement.
3. Electricity meters must be installed on the electricity purchasers’ premises, unless otherwise agreed upon by the parties to safeguard their interests in compliance with regulations of law[29]. The meter installation positions and installation must ensure safety and aesthetic appearance, and prime electricity purchasers to check meter readings and electricity sellers to record meter readings.
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Article 25. Inspection, calibration and testing of electricity metering devices [30]
1. [31] Only inspection, calibration and testing organizations which have been registered or appointed as prescribed by law on measurement are entitled to inspect, calibrate and test electricity metering devices.
2. [32] Electricity sellers shall carry out inspection, calibration and testing of electricity metering devices in accordance with the requirements and within the time limit specified by regulations of law on measurement.
3. If it is suspected that the electricity metering device operates inaccurately, the electricity purchaser is entitled to request the electricity seller to conduct a check; within three days from the date of receiving the request, the electricity seller must completely check, repair or replace it. In case of disagreeing with the result, the electricity purchaser may request the local authority in charge of state management of electricity-related activities and electricity use to carry out an independent inspection Within fifteen days from the date of receiving the request, the local authority in charge of state management of electricity-related activities and electricity use shall carry out the inspection.
4. The cost of electricity metering device inspection specified in clause 3 of this Article shall be paid as follows:
a) Where the independent inspection organization determines that the electricity metering device operates in accordance with Vietnam standard, the electricity purchaser shall pay the inspection cost.
b) Where the independent inspection organization determines that the electricity metering device fails to operate in accordance with Vietnam standard, the electricity seller shall pay the inspection cost.
5. Where the independent inspection organization determines that the electricity metering device’s readings recorded exceed the actual amount of electricity consumed, the electricity seller shall refund the overpayment to the electricity purchaser.
Article 26. Electric power quality assurance
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2. The electricity purchaser shall ensure that their electrical equipment operate safely so as not to cause any breakdown to power system and not to affect voltage quality of the electrical grid.
Article 27. Electricity supply disconnection and reduction
1. In the case of disconnecting or reducing electricity supply in a non-emergency case, except for the case prescribed in clause 6 Article 23 of this Law, the electricity seller must notify the electricity purchaser thereof at least five days before the electricity supply disconnection or reduction by making an announcement for three consecutive days on the mass media or other means of communication.
2. In the case of disconnecting or reducing electricity supply due to an incident or force majeure event which is beyond the electricity seller's control, thereby seriously threatening safety of for human beings and equipment or due to a power shortage which threatens the safety of the power system, the electricity generation unit, electricity transmission unit or electricity distribution unit may disconnect or reduce the electricity supply to the electricity purchaser for handling purpose and must, within 24 hours, notify the electricity purchaser of the cause and the estimated time of electricity supply resumption.
3. Where the electric utility disconnects or reduces the electricity supply in contravention of regulations on electricity supply disconnection or reduction, they shall incur a penalty in accordance with regulations of law on penalties for administrative violations; if any damage is caused, it must pay compensation to the electricity purchaser according to regulations of law.
4. Where the electricity purchaser fails to comply with the regulations set forth in points a and b clause 2 Article 46, points b and c clause 2 Article 47 of this Law, the electricity seller may disconnect the electricity supply to the electricity purchaser.
Article 28. Sale and purchase of electricity with foreign countries
1. The purchase and sale of electricity with foreign countries must be permitted by a competent authority and stated in the electricity license.
2. The purchase or sale of electricity with a foreign country through the national power system must adhere to the following principles:
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b) Satisfy techno-economic criteria, process and technical regulations[33] for operation of the national power system;
c)[34] Do not cause harm to the interests of electricity consumers and the State, and national energy security.
3. Electricity consumers in border areas may bypass the national power system to directly buy electricity from foreign countries but must satisfy electrical safety criteria and other relevant regulations of law.
Section 3. ELECTRICITY PRICES
Article 29. Electricity price policies
1. Enable economic sectors to invest in electricity development in a manner that earns reasonable profits, saves energy resource and uses new sources of energy or renewable energy without causing environmental pollution upon carrying out electricity-related activities, thereby contributing to boosting socio-economic development, especially in rural areas, mountainous areas and islands.
1a. [35] Electricity prices shall be set according to the market mechanism and regulated by the State according to the level of development of the electricity market.
2. Encourage the economical and efficient use of electricity.
3. [36] Apply appropriate electricity retail tariff to groups of electricity consumers; provide state subsidies on electricity for domestic use to poor households and social policy households according to the criteria prescribed by the Prime Minister in appropriate response to the socio-economic situation from time to time.
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5. Protect legitimate rights and interests of electric utilities and electricity consumers.
Article 30. Bases for setting and adjusting electricity prices
1. Electricity price policies.
2. Socio-economic development conditions of the country and people's income from time to time.
3. Electricity supply and demand.
4. Electricity production and trading costs and reasonable profits of electricity utilities.
5. Level of development of the electricity market.
6. [38] Annually audited financial statements of electric utilities.
Article 31. Electricity prices and fees
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The Ministry of Industry and Trade shall preside over and cooperate with the Ministry of Finance in establishing the average electricity retail price bracket, price adjustment mechanism and electricity retail tariff and submit them to the Prime Minister for decision.
The adjustment of the electricity retail price must be made in a public and transparent manner regarding the change of the constituents relating to the price adjustment. The State shall adopt measures to stabilize the electricity selling price in conformity with regulations of law on prices.
2. [40] The brackets of electricity generation prices, electricity wholesale prices, electricity transmission prices, prices of ancillary services for power system, fees for operating and regulating the power system and fees for regulating electricity market transactions shall be established the related electricity utility; appraised by the electricity regulatory agency before they are submitted to the Minister of Industry and Trade and the Minister of Finance for approval as assigned by the Government, except for the case specified in clause 2 Article 62 of this Law.
The Ministry of Industry and Trade shall preside over and cooperate with the Ministry of Finance in providing guidance on the methods for establishing the brackets of electricity generation prices, electricity wholesale prices, electricity transmission prices, prices of ancillary services for the power system, fees for operating and regulating the power system and fees for regulating electricity market transactions.
3. [41] The electricity generation prices under fixed-term PPAs and electricity wholesale shall be approved by electric utilities but not exceed the approved brackets of electricity generation prices and electricity wholesale prices.
4. Electricity spot prices shall be fixed at the time of conducting a transaction on the electricity market and publicized by the electricity market transaction regulation unit accordance with points e and h clause 1 Article 21 of this Law.
Chapter V
ELECTRICITY LICENSES
Article 32. Eligible entities, eligibility requirements and modification of electricity licenses
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2. An organization or individual shall be granted an electricity license or have their electricity license modified when fully satisfying the following eligibility requirements:
a) There is a feasible electricity-related activity project or plan;
b) There is an application for issuance or modification of the electricity license;
c) The manager has managerial capability and professional qualifications appropriate to the electricity fields.
3. Organizations and individuals applying for issuance or modification of the electricity license shall pay fees under regulations of law.
4. [43] The Government shall elaborate eligibility requirements for issuance of license to each electricity field.
5. [44] The Ministry of Industry and Trade shall prescribe procedures for issuance, extension and modification of electricity license for each electricity field and validity period thereof.
Article 33. Applications for issuance or modification of electricity licenses
1. An application form for issuance or modification of the electricity license.
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3. Environmental impact assessment report of the electricity-related activity project approved by the competent authority.
4. List, profiles and diplomas proving capability and professional qualifications appropriate of the electric utility manager.
Article 34. Electricity license exemptions
1. Cases in which exemption from the electricity license is granted:
a) Organizations and individuals that invest in construction of electricity generation establishments for self-consumption purpose without selling electricity to any another organizations and individuals;
b) Organizations and individuals engaging in electricity generation with an installed power which is lower than the power prescribed by the Ministry of Industry and Trade[45];
c) Electricity traders in rural areas, mountainous areas or on islands purchases electricity with a power not exceeding 50 kVA from the distribution grid to sell electricity directly to consumers in such rural areas or mountainous areas or on such islands.
d) National load dispatch units and electricity market transaction regulation units.
2. Organizations and individuals exempted from electricity licenses under clause 1 of this Article must follow the procedures and technical regulations[46] on management and operation and regulations on electricity prices, technical conditions and safety prescribed in this Law.
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Article 35. Contents of an electricity license
1. Name and address of the electricity license holder.
2. Business type.
3. Rights and obligations of the electricity license holder.
4. Scope.
5. Techniques and technologies used to carry out electricity-related activities.
6. Validity period of the electricity license.
Article 36. Time limit for issuance or modification of electricity licenses
Within thirty days from the receipt of a sufficient application, the competent authority shall issue or modify the electricity license; in case of rejection of the application, a written explanation shall be provided.
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An organization or individual shall have their electricity license revoked in the following cases:
1. Failure to carry out activities six months after being granted the electricity license;
2. Failure satisfy conditions for conducting electricity-related activities as prescribed by this Law;
3. Failure to comply with the regulations set out in the electricity license;
4. Leasing or lending their electricity license or modifying it without permission.
Article 38. Power to issue, modify or revoke electricity licenses
1. The Ministry of Industry and Trade[47] shall issue electricity licenses to electricity generation units, electricity transmission units and electricity distribution units establishing a connection to the national power system, electricity wholesalers, electricity retailers and electrical consulting service providers.
2. Provincial People's Committees shall grant electricity licenses to organizations and individuals engaged in small-scale electricity-related activities under the guidance of the Ministry of Industry and Trade[48].
3. The authority issuing electricity licenses is entitled to modify or revoke electricity licenses. The modification of an electricity license shall be appropriate to the capacity of the license holder.
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Chapter VI
RIGHTS AND OBLIGATIONS OF ELECTRIC UTILITIES AND ELECTRICITY CONSUMERS
Article 39. Rights and obligations of electric utilities
1. An electricity generation unit has the right to:
a) Generate electricity and carry out other activities under its electricity license;
b) Establish connection to the national power system when satisfying the technical conditions and criteria;
c) Sell electricity to electricity purchasers under a fixed term agreement and offer spot prices of electricity on the electricity market;
d) Obtain necessary information relating to electricity generation;
dd) Request a competent authority to make amendments to technical regulations[49], techno-economic standards and norms in service of electricity generation;
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2. An electricity generation unit has the obligation to:
a)[50] Comply with procedures and technical regulations on operation of power plants and electrical grids; in the case of a hydropower plant, comply with regulations on safety of hydropower plants and operation of reservoirs;
b) Follow operation methods, command and control orders of the national load dispatch unit;
c) Handle incidents;
d) Where human life and safety of equipment are threatened, disconnect or reduce the electricity generation if no measure is taken;
dd) Abide by regulations on electricity market of this Law and other relevant regulations of law;
e) Report the readiness for electricity generation, reserve power and adoption of methods for power plant operation at the request of the national load dispatch unit, electricity market transaction regulation unit, electricity regulatory agency or competent authority;
g) Comply with regulations of law on environmental protection during electricity generation;
h) Immediately notify the national load dispatch unit and related organizations and individuals of any fault in electricity generation;
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k) Other obligations prescribed by law.
Article 40. Rights and obligations of electricity transmission units
1. An electricity transmission unit has the right to:
a) Transmit electricity under its electricity license;
b) Set and submit electricity transmission prices for approval[52];
c) Obtain necessary information relating to electricity transmission;
d) Request a competent authority to make amendments to technical regulations[53], techno-economic standards and norms in service of electricity transmission;
d1)[54] Establish connection to the transmission grid built by economic sectors when satisfying the technical conditions and criteria;
dd) Other rights prescribed by law.
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a) Ensure the transmission grid and electricity transmission equipment operate in a safe, stable and reliable manner;
b) Provide transmission services and ancillary services to relevant parties, except where the electrical grid is overloaded as certified by the electricity regulatory agency;
c) Follow operation methods, command and control orders of the national load dispatch unit;
d) Handle incidents;
dd) Where human life and safety of equipment are threatened, disconnect or request the national load dispatch unit to reduce the electricity supply if no measure is taken;
e) Formulate a plan for investment in transmission grid development and invest in the transmission grid development to satisfy the electricity transmission demands under the electricity development planning; invest in electricity metering devices and auxiliary equipment, unless otherwise agreed with the electricity transmission unit, electricity distribution unit or electricity purchaser to safeguard interests of the parties in compliance with regulations of law[55];
g) Report the readiness for electricity transmission and reserve capacity of electricity transmission equipment at the request of the national load dispatch unit, electricity market transaction regulation unit, electricity regulatory agency or competent authority;
h) Immediately notify the national load dispatch unit and related organizations and individuals of any fault in the transmission grid;
h1)[56] Protect the right of organizations and individuals conducting electricity-related activities to establish connection to the transmission grid they build; in the case of refusing the connection, follow the regulations laid down by the Minister of Industry and Trade;
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Article 41. Rights and obligations of electricity distribution units
1. An electricity distribution unit has the right to:
a) Distribute electricity and carry out other activities under its electricity license;
b)[57] (annulled)
c) Enter the electricity purchaser’s premises to operate, maintain, repair or replace electrical equipment of the electricity distribution unit;
d) Obtain necessary information relating to electricity distribution;
dd) Request a competent authority to make amendments to technical regulations[58], techno-economic standards and norms in service of electricity distribution;
e) Other rights prescribed by law.
2. An electricity distribution unit has the obligation to:
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b) Provide electricity distribution services for electricity consumers, electricity retailers and electricity wholesalers in compliance with technical standards, service quality and safety standards under the agreement, except where the distribution grid is overloaded as certified by the electricity regulatory agency;
c) Formulate a plan for investment in distribution grid development and invest in the distribution grid development to satisfy the electricity distribution demands under the electricity development planning; invest in electricity meters and lines transmitting electricity to meters for the electricity purchaser, unless otherwise agreed with the electricity purchaser to safeguard interests of the parties in compliance with regulations of law[59];
d) Execute the national target program for demand side management;
dd) Follow operation methods, command and control orders of the national load dispatch unit;
e) Report the readiness for operation, reserve capacity of the electrical grid and electricity distribution equipment, electricity demands in its operating area at the request of the national load dispatch unit, electricity market transaction regulation unit, electricity regulatory agency or competent authority;
g) Handle incidents;
h) Where human life and safety of equipment are threatened, disconnect or reduce the electricity distribution if no measure is taken;
i) Resume the electricity supply within 2 hours after detecting the fault or receiving the electricity purchaser’s notification; in case of failure to do so within the abovementioned time limit, immediately notify the electricity purchaser of the cause and estimated time of electricity supply resumption;
k) Other obligations prescribed by law.
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1. The national load dispatch unit has the right to:
a) Command and control electricity generation units, electricity transmission units and electricity distribution units to follow the national power system operation method.
b) Adjust the plan and method for mobilizing capacity of power plants;
c) Command the handling of emergency or unusual situations in the national power system; mobilize capacity and electricity of power plants in the national power system; command the operation of transmission and distribution grids; disconnect or reduce the electricity supply in case the safe and reliable operation of the national power system is threatened;
d) Request relevant electricity utilities to provide information on technical specifications, readiness for participation in operation and load carriage of equipment for electricity generation, transmission and distribution; consumers’ electricity demands in order to determine the method for operation of the national power system;
dd) Other rights prescribed by law.
2. The national load dispatch unit has the obligation to:
a) Ensure safe, stable and economical operation of the national power system;
b) Satisfy standards in national power system frequency and voltage on the national transmission grid;
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d) Devise and follow the method for national power system operation according to the plan and method for mobilizing power of power plants and ancillary announced by the electricity market transaction regulation unit;
dd) Notify the power, amount of electricity and ancillary services mobilized so as for the electricity market transaction regulation unit to prepare payment invoices;
e) Promptly report to the electricity regulatory agency and notify the electricity market transaction regulation unit of the emergency or unusual situations which seriously threaten safe and reliable operation of the national power system;
g) Other obligations prescribed by law.
Article 43. Rights and obligations of electricity wholesalers
1. An electricity wholesaler has the right to:
a) Selling electricity wholesale and carry out other activities under its electricity license;
b) Directly purchase electricity from electricity generation units under a fixed term agreement or under a spot agreement on the electricity market;
c) Fix electricity wholesale price within the electricity wholesale price bracket approved to compete to purchase and sell electricity on the electricity market;
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dd) Enter the electricity purchaser’s premises to check meters, and record their readings and contact consumers;
e) Obtain necessary information relating to electricity wholesaling;
g) Other rights prescribed by law.
2. An electricity wholesaler has the obligation to:
a) Sell electricity according to the quantity, quality and prices agreed upon in the agreement;
b) Abide by regulations on electricity market of this Law and other relevant regulations of law;
c) Pay compensation when causing damage to the electricity purchaser or electricity seller according to regulations of law;
d) Provide necessary information relating to the amount of electricity sold wholesale at the request of the national load dispatch unit or competent authority;
dd) Other obligations prescribed by law.
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1. An electricity retailer has the right to:
a) Retail electricity under its electricity license;
b) Compete to purchase and sell electricity on the electricity market;
c)[60] Fix prices on the competitive retail electricity market as prescribed in clause 1 Article 31 of this Law, except for the case specified in clause 2 Article 62 of this Law;
d) Use electricity transmission and distribution services appropriate to each level of the electricity market;
dd) Enter the electricity purchaser’s premises to check meters and record their readings, and contact consumers;
e) Obtain necessary information relating to electricity retail;
g) Other rights prescribed by law.
2. An electricity retailer has the obligation to:
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b) Abide by regulations on electricity market of this Law and other relevant regulations of law;
c) Formulate and submit to the provincial People's Committee for approval of the domestic electricity retail prices for rural areas, mountainous areas and islands where the electricity production and supply under the market mechanism fail to offset the costs incurred by the electricity retailer;
d) Openly post at its premises and transaction the approved electricity price tariff; documents providing guidance on the procedures for electricity supply, electricity metering, counting, recording of meter readings, invoice preparation, electricity bill collection and termination of electricity services; contents of the electricity license and technical standards applicable to holders of the electricity license covering electricity retail; documents specifying the time and necessary costs of supply of electricity to consumers establishing connection to the power system; regulations on electricity supply disconnection and reduction according to Article 27 of this Law;
dd) Provide electrical safety instructions for electricity consumers;
e) Pay compensation when causing damage to the electricity purchaser or electricity seller according to regulations of law;
g) Provide necessary information relating to the amount of retailed electricity at the request of the competent authority;
h) Other obligations prescribed by law.
Article 45. Rights and obligations of electrical consulting service providers
1. An electrical consulting service provider has the right to:
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b) Request a competent authority to make amendments to technical regulations[61], techno-economic standards and norms in service of electrical consulting;
c) Request relevant agencies to provide necessary information in accordance with regulations of law in favor of the provision of electrical consulting services;
d) Cooperate with foreign organizations and individuals in electrical consulting;
dd) Other rights prescribed by law.
2. An electrical consulting service provider has the obligation to:
b) Apply Vietnam’s technical regulations[62], techno-economic standards and norms in relation to electrical planning and construction consulting. In case a foreign technical regulation[63] or foreign standard is applied, it must be approved by a competent authority.
b) Apply advanced technologies and calculation methods in order to formulate an electricity development planning scheme, and files and documents on investment in construction of electrical works according to the requirements for modernization in the field of electricity generation, electricity transmission and electricity distribution, thereby increasing the economic efficiency and ensuring safety and high reliability in construction of electrical works;
c) Take responsibility for quality of the products and services provided;
d) Other obligations prescribed by law.
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1. An electricity consumer has the right to:
a) Select the electricity seller in the competitive retail electricity market;
b) Receive adequate amount of power and electricity of the quality agreed upon in the agreement;
c) Request the electricity seller to promptly resume the electricity supply after blackouts;
d) Obtain information relating to the sale of electricity and electrical safety instructions;
dd) Receive compensation for the damage caused by the electricity seller according to regulations of law;
e) Request the electricity seller to check quality of electricity services, accuracy of electricity metering equipment and electricity bill payable;
g) Complain about and denounce violations against regulations of law on electricity committed by the electricity seller;
h) Other rights prescribed by law.
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a) Pay fully and on schedule electricity bills and adhere to other agreements in the PPA;
b) Use electricity in a safe, economical and efficient manner; comply with regulations on demand side management;
c) Promptly disconnect the electricity supply or reduce the electricity consumption upon receipt of the electricity seller’s notification in the cases prescribed in Article 27 of this Law;
d) Notify the electricity seller five days in advance of their need to suspend the PPA or fifteen days in advance of their need to terminate the PPA;
dd) Promptly notify the electricity seller of the abnormalities that may cause a blackout or threaten safety of people and property;
e) Prime the electricity seller to check meters and record their readings, and make contact;
g) Ensure electrical equipment satisfies technical standards and electrical safety requirements;
h) Pay compensation when causing damage to the electricity seller according to regulations of law;
i) Take responsibility for investing in transmission lines connecting meters to consumers;
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Article 47. Rights and obligations of large electricity consumers
1. A large electricity consumer has the right to:
a) The rights specified in clause 1 Article 46 of this Law;
b) Directly purchase electricity from electricity generation units under a fixed term agreement or under a spot agreement on the electricity market;
c) Establish direct connection to the national transmission grid.
2. A large electricity consumer has the obligation to:
a) The obligations specified in clause 2 Article 46 of this Law;
b) Implement the regime for electricity use at the request of the national load dispatch unit, measures to satisfy the voltage standards and ensure electrical safety and other regulations agreed upon in the PPA and electricity transmission agreement;
c) Ensure that electrical equipment and connection equipment satisfy technical regulations and electrical safety requirements for connection to the national transmission grid;
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Chapter VII
PROTECTION OF ELECTRICAL EQUIPMENT, ELECTRICAL WORKS AND ELECTRICAL SAFETY
Article 48. Responsibility for protection of electrical equipment, electrical works and electrical safety
1. Organizations and individuals shall comply with regulations of law on protection of electrical equipment, electrical works and electrical safety.
2. Organizations and individuals shall promptly notify electricity utilities or competent authorities of electrical unsafety and violations against regulations on protection of electrical equipment, electrical works and electrical safety upon the detection thereof.
3. Ministries, ministerial agencies, Governmental agencies and People's Committees at all levels shall organize and direct the observance of regulations of law on protection of electrical equipment, electrical works and electrical safety.
Article 49. Responsibility for cooperation upon construction, renovation and termination of operation of electrical works and other works [64]
1. If the construction, renovation or expansion of public works or other works potentially affects the safety of electrical equipment, electrical works and electrical safety, the investor must cooperate with electricity utilities for actions.
2. If the repair, renovation, construction and installation of electrical equipment and electrical works potentially affect public works or other works, the electricity utility must cooperate with organizations and individuals for actions.
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4. [65] When an electrical work is no longer in operation, it must be handled and managed for safety as prescribed by the Government.”
Article 50. High voltage electrical grid safety corridors
1. A high voltage electrical grid safety corridor is the delimited space along an electricity transmission line or around an electrical substation and specified according to each voltage level.
2. High voltage electrical grid safety corridors include:
a) Safety corridors of overhead transmission lines;
b) Safety corridors of underground electric cables;
c) Safety corridors of transformer substations;
3. The Government shall elaborate on high voltage electrical grid safety corridors.
Article 51. Protection of safety corridors of overhead transmission line
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2. Before granting an organization or individual the license for construction, expansion or renovation of their house or work within the overhead transmission line safety corridor, the licensing authority must request the investor in such house or work to reach a written agreement with the unit in charge of management of high voltage electrical grids on the measures to assure the safety of the overhead transmission lines and the safety during the construction, expansion, renovation or use of such house or work.
3. Houses and works where people regularly live or work are not permitted to exist within safety corridors of overhead transmission lines of 500 kV or higher, except for specialized works in service of operation of such electrical grid.
4. All activities which involve the use of equipment, instruments or vehicles which may encroach upon the safety distance of electrical discharge by voltage level are banned from being carried out within safety corridors of overhead transmission lines. In case of emergency for national defense and security reasons, it is required to reach an agreement with the unit in charge of management of electrical grids on the necessary safety assurance measures.
5. At the intersection between a transmission line and a road or railway, the minimum height of the transmission line at the lowest point of the line in the maximum deflection is 4.5 meters plus the safety distance of electrical discharge by voltage level.
Where the highest point of the means of transport is more than 4.5 meters in height, its owner must contact the unit in charge of management of electrical grids means for adoption of necessary safety measures.
6. At the intersections between a transmission line and a railway reserved for electric trams, the minimum height of the transmission line at the lowest point of the line in the maximum deflection is 7.5 meters plus the safety distance of electrical discharge by voltage level.
7. At the intersections between a transmission line and inland waterway, the minimum height of the transmission line at the lowest point of the line in the maximum deflection equals the overhead clearance height according to technical class of the inland waterway plus the safety distance of electrical discharge by voltage level. The height of the waterway vehicle traveling through the intersections between a transmission line and inland waterway must not exceed overhead clearance height according to technical class of such inland waterway.
Safety distance of the overhead transmission line intersecting with a sea waterway shall be specified in each specific case.
8. If the activities carried out on land or underground near or within the overhead transmission line safety corridor potentially affect the normal operation of the transmission lines or threaten to cause electrical incidents or accidents, the unit carrying out such activities must agree with the unit in charge of management of electrical grids about necessary safety assurance measures.
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1. It is forbidden to dig holes, load goods, drive piles, plant trees, build houses and other works, anchor vessels within safety corridors of underground electrical cables.
2. It is forbidden to discharge water and substances causing corrosion on electrical cables and equipment into safety corridors of underground electrical cables.
3. In case of discharging water and other substances outside safety corridors of underground electrical cables which may infiltrate, corrode and damage cables, the owners or managers/users of houses and works from which such water or substances are discharged shall treat them so as not to affect the cables.
4. When constructing works on land or dredging river and lake beds within safety corridors of underground electrical cables, the construction unit must notify the unit in charge of management of electrical grids at least ten days in advance and apply measures to assure the safety of underground electric cables.
Article 53. Assurance of safety of electrical substations
1. It is not permitted to build houses and works or plant trees with a height of more than 2 meters within safety corridors of electrical substations; not permitted to encroach upon entrances to electrical substations.
2. Houses and works built near safety corridors of electrical substations must not damage any part of the stations.
Article 54. Safety in electricity generation
1. [66] Power plants and power stations must be strictly protected and surrounded by protection walls, electric safety and fire signs; unauthorized persons are not permitted to enter power plants and power stations.
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2. Electrical equipment rooms must be safely protected against fire and explosion; have danger signs, exit signs, adequate lighting system, air cooling system and air ventilation louvers must be net-protected to prevent the entry of animals and minimize adverse impacts on environment.
3. Depending on technical specifications and protection requirements specific to each type of electrical equipment, it is required to put up protection nets, partitions and safety signs; the safety distance from the protection nets or partitions to the live parts of equipment must not be shorter than the prescribed distance and measures must be taken to minimize adverse environmental impacts on operation of electrical equipment.
4. In areas where inflammable substances exist, the power system must be designed and installed according regulations on fire and explosion prevention and fighting; only specialized equipment and tools for fire and explosion preventing and fighting shall be used.
5. An electrical cable system in a power plant or power station must comply with the following safety regulations:
a) Electrical cables must be arranged by their type, technical specifications and voltage level and placed on shelves. Electric cables running through areas affected by high temperature must be heat-insulated and placed in protection tubes;
b) Cable tunnels and ditches must be tightly covered with lids, well drained, kept clean and dry. It is not permitted to let water, oil, chemicals and sundries be accumulated in cable tunnels and ditches. Cable tunnels must have walls intended for preventing rapid spread of fires; be equipped with automatic fire alarm system and lighting system using safe voltage in conformity with technical regulations[67] and technical standards on electrical safety.
6. Lightning protection and earthing equipment and systems in power plants, power stations and distribution substations must be installed according to their design, tested, commissioned and periodically inspected according to technical regulations[68], and technical standards on electrical safety.
Article 55. Safety in electricity transmission and distribution
1. Owners of electrical grids shall:
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b) Paint and place signal lights on tops of poles with a special height and in special positions in order to safely protect high-voltage electrical grids.
2. At the intersections between overhead high-voltage transmission lines, underground electrical cables and railways, land and inland waterways, the placement and management of signs and “no overtaking” signs for means of transport shall comply with the regulations imposed by the Ministry of Transport. Investors in the subsequently built works must bear the costs of placement of such signs.
3. When transferring the electrical grid, the investor in such electrical grid must transfer the unit in charge of electrical grid operation all technical documentation, commissioning records, decision on land allocation or land lease and documents relating to compensation and land clearance according to regulations of law.
4. The unit in charge of operation of electrical grids must periodically organize the inspection, technical maintenance and overhaul of electrical grids, ensuring that the system operates safely according to; conduct regular checks, detect and prevent violations against regulations on electrical safety and assurance of safety of high voltage electrical grids and cooperate in implementation of technical solutions and optimal operation in order to reduce power loss in the course of electricity transmission.
5. When repairing or maintaining an electrical grid, the unit in charge of operation of electrical grids and unit in charge of repair or maintenance must fully and strictly follow procedures for implementing safety measures in accordance with technical regulations[69] on electrical safety.
6. The high voltage transmission line sections running over the houses and/or works where people permanently live or work must be supported with steel or concrete poles, and conductors must not have joints in a pole span, except for the conductors with a cross-section of at least 240 mm2 which may have a joint for one phase and must meet other standards on assurance of safety of high-voltage electrical grids. The unit in charge of operation of electrical grids must not overload such transmission lines.
7. Electrical cables running underground or lying in the structure of other works or running together with communications lines must maintain a safety distance prescribed by technical regulations[70] on electrical equipment and other relevant regulations of law.
8. Lightning protection and earthing equipment and systems of transmission and distributions grids must be installed according to their design, tested, commissioned and periodically inspected according to technical regulations[71], and technical standards on electrical safety.
Article 56. Safety in connection to national power system
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2. Independent electrical grids which satisfy conditions and technical standards prescribed by the Ministry of Industry and Trade[73] are entitled to connect their own power systems to the national power system.
Article 57. Safety in use of electricity for production
1. Organizations and individuals using electricity for production must comply with regulations on electrical safety, technical regulations[74] and technical standards on electrical safety in conformity with Vietnam standards.
2. Electrical equipment, electrical systems, lightning protection and earthing equipment and systems must be installed according to their design, tested, commissioned and periodically and extraordinarily inspected according to technical regulations[75], and technical standards on electrical safety. The diagrams of these systems must reflect their actual status and archived together with inspection records throughout their operation.
3. Internal electrical substations, high voltage equipment and high voltage transmission lines must be installed and managed according to technical regulations[76], and technical standards on electrical safety.
4. Electrical equipment must conform to “Vietnam standard - Low-voltage electrical equipment - General requirements for prevention of electric shock” and “Vietnam standard - Code of Practice of ground conection and “O” conection of electrical equipment” to prevent electric shocks.
5. Transmission lines and conductors must be designed and installed to ensure clear and airy production premises, thus avoiding mechanical or chemical impacts which may cause breakdowns. Metal structures of factories, machinery and metal tubes must not be used as “neutral conductors”, except for special cases where separate designs approved by a competent authority are required.
6. The power system in areas where inflammable substances exist must be designed, installed and used as prescribed in clause 4 Article 54 of this Law.
7. Electrical equipment used for minerals exploitation, in electric instruments, mobile electrical equipment, welding machine, electrolysis and electroplating must conform to related technical regulations[77] and technical standards on safety.
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1. The total power of electrical equipment used in offices, for domestic purposes and service provision must conform to the design power; the cross-sections and insulation of conductors must conform to technical standards.
2. Heat-generating electrical equipment must not be placed near inflammable items.
3. Electrical equipment must be checked and maintained according to regulations, satisfy electrical safety technical standards and not cause danger to users.
4. Electricity users shall inspect safety of their respective power systems, promptly detect and prevent the risk of electrical incidents or accidents.
5. Low-voltage electrical grids shall be built only after their designs are approved.
6. Transmission line branches conducting electricity to houses ad works must satisfy electrical safety conditions, ensure aesthetic appearance and not hinder means of transports, ambulances and fire engines.
7. In three-phase four-wire circuits, circuit breakers, knife-switches, fuses and other switchgears must not be connected to neutral conductors.
8. In one-phase two-wire circuits, fuses and switches must be connected to phase wires but not be connected to neutral conductors. It is recommended that circuit breakers and double-pole knife switches be installed so as to simultaneously switch on/off two wires.
Article 59. Using electricity as direct means of protection
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2. Electricity shall be used as a direct means of protection only when other protection measures have been applied inefficiently, and such must be permitted by a competent authority.
3. Electric fences must be designed and installed so as to avoid all accidental contacts with people and cattle, not to affect the operation of the power system and not to cause danger to vicinity and living environment. Danger signs are required to be erected. Electric fence managers and users must be provided with professional training in electricity.
4. The Minister of Public Security and the Minister of Defense shall, within their jurisdiction, prescribe areas where electric fences are permitted for erection.
5. The Minister of Industry and Trade shall prescribe standards and conditions for using electricity as direct means of protection.
Article 59a. Handling of electrical incidents [79]
1. In case an electrical incident occurs, the electric utilities shall, within their jurisdiction, handle it as prescribed by law.
2. In case of catastrophic electrical failure, the declaration of state of emergency and application of response measures must comply with regulations of law on state of emergency.
Chapter VIII
ELECTRICITY IN SERVICE OF RURAL AREAS, MOUNTAINOUS AREAS, BORDER AREAS [80] AND ON ISLANDS
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1. Attract all resources for investment in construction of electricity infrastructures, accelerate the process of electrification in rural areas, mountainous areas[82], border areas and on islands.
2. Prime the people in remote and isolated areas, ethnic minority areas and extremely disadvantaged areas to use electricity for production and activities of daily living.
3. Organizations and individuals in all economic sectors involved in electricity generation, distribution and trading in rural areas, mountainous areas, border areas[83] and on islands which are disadvantaged and extremely disadvantaged are entitled to investment and financial incentives and other incentives under regulations of law on investment promotion.
4. Organizations and individuals are encouraged to invest in construction of electrical grids or power stations using local energy, new energy and renewable energy to supply electricity to rural areas, mountainous areas, border areas[84] and islands.
5. Prioritize the adequate and timely supply of electricity to water pumping stations in service of irrigation and prevention of waterlogging and drought.
Article 61. Investment in development of electricity in rural areas, mountainous areas, border areas[85], and on islands
1. The State shall adopt policies to assist electric utilities operating in areas where electricity investment and electricity-activities bring no economic efficiency.
2. The State shall adopt policies to provide assistance in investment in transmission lines connecting meters to consumers for disadvantaged households entitled to social policies certified by local People's Committees.
3. The State's assistance policies consist of:
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b) Assistance in investment loan interest rates;
c) Tax incentives.
The Ministry of Finance shall preside over and cooperate with the Ministry of Industry and Trade in providing guidelines for implementation of assistance policies.
4. People's Committees at all levels shall have to prime organizations and individuals to invest in building, renovating or upgrading electrical grids in rural areas, mountainous areas, border areas[87], and on islands.
Article 62. Electricity prices in rural areas, mountainous areas, border areas[88], and on islands
1. Electricity prices in rural areas, mountainous areas, border areas, and on islands which are connected to the national power grid shall comply with the regulations laid down in Article 31 of this Law.
2. Electricity prices in rural areas, mountainous areas, border areas, and on islands which have yet to be connected to the national power grid shall comply with the following regulations:
a) Retail prices of electricity for domestic purpose shall be set by relevant electricity utilities and decided by the provincial People’s Committees in conformity with the mechanism for assistance in domestic electricity retail prices within their provinces which is decided by the Prime Minister;
b) Other electricity prices shall be set by relevant electric utilities and decided by provincial People's Committees in a manner that fully covers costs and generates reasonable profits for the electric utilities by conferring the electric utilities.
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1. The deadline for payment of bills for electricity used by hydraulic structure operating enterprises for irrigation and water drainage for rice, vegetables, subsidiary food crops, industrial plants intercropped with rice, vegetables or subsidiary food plants shall be agreed upon by electricity purchasers and sellers but shall not exceed one hundred and twenty days from the date of receiving the electricity bills.
2. The State shall provide funding for payment of the excess bills for electricity used for waterlogging and drought prevention according to regulations of law on operation and protection of hydraulic structures.
3. The Ministry of Finance shall preside over and cooperate with the Ministry of Agriculture and Rural Development in providing guidelines for implementing the regulations set out in this Article.
Article 64. Electrical safety in rural areas, mountainous areas, border areas[89], and on islands
1. Organizations and individuals conducting electricity-related activities and/or using electricity in rural areas, mountainous areas, border areas[90], and on islands shall strictly comply with technical regulations[91] and technical standards on electrical safety.
2. Any person carrying out electrical operation and repair in rural areas, mountainous areas, border areas[92], and on islands shall satisfy the following standards:
a) He/she is aged 18 or older;
b) He/is has been certified fit for work by a health facility;
c) He/she has a certificate or diploma in electrical engineering conferred by a vocational training school;
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3. Only electricity utilities operating electrical grids may organize the repair and installation of electrical equipment and electricity supply systems in areas under their respective management.
4. The Ministry of Industry and Trade[93] shall prescribe technical standards on electrical safety, issue electrical safety cards and provide guidance on electrical safety measures in rural areas, mountainous areas, border areas[94], and on islands.
Chapter IX
STATE MANAGEMENT OF ELECTRICITY-RELATED ACTIVITIES AND ELECTRICITY USE
Article 65. Responsibility for state management of electricity-related activities and electricity use
1. The Government shall perform uniform management of electricity-related activities and electricity use nationwide.
2. The Ministry of Industry and Trade[95] shall be responsible to the Government for state management of electricity-related activities and electricity use.
3. Ministries and ministerial agencies shall, within their jurisdiction, cooperate with the Ministry of Industry and Trade[96] in performing state management of electricity-related activities and electricity use.
4. People’s Committees at all levels shall, within their jurisdiction, perform state management of electricity-related activities and electricity use in their provinces.
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1. Regulation of electricity-related activities shall include:
a) Formulating regulations on operation of competitive electricity market and providing guidelines for implementation thereof;
b) Considering and proposing solutions for adjusting electricity demand and supply and managing the process of electricity demand and supply balance;
c) Issuing, modifying and revoking electricity licenses as prescribed in clauses 1 and 3 Article 38 of this Law;
d) Providing guidance on conditions and procedures for electricity supply suspension and disconnection, electricity consumption reduction, conditions and procedures for connection to the national power system;
dd)[97] Establishing the average electricity retail price bracket, price adjustment mechanism and electricity retail tariff; organizing implementation of electricity price mechanisms and policies;
e)[98] (annulled)
g)[99] Prescribing the brackets of electricity generation prices, electricity wholesale prices, electricity transmission prices, prices of ancillary services for the power system, fees for operating and regulating the power system and fees for regulating electricity market transactions.
h) Monitoring the implementation of plans and projects on investment in development of electricity sources, transmission grids and distribution grids in order to ensure the development conforms to the approved electricity development planning;
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k)[100] Inspecting and supervising the adjustment and application of electricity prices;
l) Settling complaints and disputes on the electricity market;
m)[101] Inspecting fixed-term PPAs between electricity generation units and electricity purchasers and fixed-term wholesale power agreements as prescribed by the Government;
n)[102] Inspecting and imposing penalties for violations against regulations on electricity as prescribed by law.
2. [103] The Prime Minister shall elaborate on organizational structure, functions, tasks and powers of the electricity regulatory agency.
Article 67. Electricity inspectorate [104]
Electricity inspectorate shall comply with regulations of law on inspection.
Chapter X
IMPLEMENTATION CLAUSE [105]
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1. Validity period of the written contracts or written agreements related to electricity-related activities which have existed before the effective date of this Law remains unchanged.
2. After the effective date of this Law, the amendments to the contracts or agreements prescribed in clause 1 of this Article must made in compliance with the regulations enshrined in this Law.
3. The Government shall prescribe the conditions and time so as for organizations and individuals conducting electricity-related activities to adjust their organizational structures and activities in accordance with regulations of this Law.
Article 69. Effect
This Law comes into force from July 01, 2005.
Article 70. Guidelines for implementation
The Government shall elaborate and provide guidelines for implementation of this Law./.
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CHAIRMAN
Bui Van Cuong
[1] Preludes to the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity:
“Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam amended under the Resolution No. 51/2001/QH10;
The National Assembly hereby promulgates the Law on Amendments to some Articles of the Law on Electricity No. 28/2004/QH11.”.
Preludes to the Law No. 28/2018/QH14 on amendments to some Articles concerning planning of 11 laws:
“Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on amendments to some Articles concerning planning of the Law on Food Safety No. 55/2010/QH12, Law on Notarization No. 53/2014/QH13, Law on Pharmacy No. 105/2016/QH13, Law on Investment No. 67/2014/QH13, Law on Public Investment No. 49/2014/QH13, Law on Electricity No. 28/2004/QH11 whose articles are amended by the Law No. 24/2012/QH13, Law on Chemicals No. 06/2007/QH12, Law on Science and Technology No. 29/2013/QH13, Law on Tobacco Control No. 09/2012/QH13, Law on Economical and Efficient Use Of Energy No. 50/2010/QH12 and Law on Children No. 102/2016/QH13.
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“Pursuant to the Constitution of the Socialist Republic of Vietnam;
The National Assembly hereby promulgates the Law on amendments to certain articles of the Law on Public Investment No. 39/2019/QH14, which is amended by the Law No. 64/2020/QH14 and the Law No. 72/2020/QH14; the Law on Public-Private Partnership Investment No. 64/2020/QH14; the Law on Investment No. 61/2020/QH14, which is amended by the Law No. 72/2020/QH14; the Law on Housing No. 65/2014/QH13, which is amended by the Law No. 40/2019/QH14, Law No. 61/2020/QH14, Law No. 62/2020/QH14 and the Law No. 64/2020/QH14; the Law on Bidding No. 43/2013/QH13, which is amended by the Law No. 03/2016/QH14, the Law No. 04/2017/QH14, the Law No. 40/2019/QH14 and the Law No. 64/2020/QH14; the Law on Electricity No. 28/2004/QH11, which is amended by Law No. 24/2012/QH13 and the Law No. 28/2018/QH14; the Law on Enterprises No. 59/2020/QH14; the Law on Special Excise Duties No. 27/2008/QH12, which is amended by the Law No. 70/2014/QH13, Law No. 71/2014/QH13 and the Law No. 106/2016/QH13; the Law on Civil Judgment Enforcement No. 26/2008/QH12, which is amended by the Law No. 64/2014/QH13, Law No. 23/2018/QH14 and the Law No. 67/2020/QH14.
[2] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[3] The phrase “quy phạm kỹ thuật” (“Technical Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point dd clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[4] This clause is added by clause 1 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[5] This clause is added by clause 1 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[6] This clause is added by clause 2 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[7] This clause is amended by clause 1 Article 6 of the Law No. 03/2022/QH15 dated January 11, 2022 of the National Assembly on Amendments to Certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which has been effective since March 01, 2022.
[8] This clause is added by clause 1 Article 6 of the Law No. 03/2022/QH15 dated January 11, 2022 of the National Assembly on Amendments to Certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which has been effective since March 01, 2022.
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[10] This clause is amended by clause 2 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[11] This Article is amended by clause 1 Article 6 of the Law No. 28/2018/QH14 on Amendments to some Articles concerning planning of 11 Laws, which has been effective since January 01, 2019
[12] This Article is added by clause 4 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013 as follows:
“Article 8a. Contents of electricity development planning
1. The national electricity development planning contains the following main contents:
a) Overview on socio-economic development and national energy system during the planning period;
b) Forecasted electricity demand;
c) Assessment of sources of primary energy, capacity for exploitation, capacity for import and export of energy; assessment of capacity of electricity exchange among areas; forecast of fuel prices for electricity production;
d) National power development program including detailed programs for development of electricity sources, development of electrical grids, connection of electrical grids with countries in the region, development of rural electricity, and development of sources of new energy, renewable energy and other relevant contents;
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e) Environmental protection and natural disaster management;
g) Expected area of land for electrical works;
h) Mechanisms, policies and solutions for execution of the national power development program during the planning period.
2. The electricity development planning of provinces and central-affiliated cities contains the following main contents:
a) Planning, orientations and objectives for socio-economic development of provinces and central-affiliated cities during the planning period;
b) Forecasted electricity demand of rural districts, urban districts, district-level towns and provincial-affiliated cities during the planning period;
c) Assessment of potential for development of electricity sources within provinces, including sources of electricity using new energy and renewable energy; capacity for electricity exchange with their vicinity;
d) Assessment of the current supply of electricity within provinces, especially extremely disadvantaged areas;
dd) Programs for development of electricity sources and electrical grids of provinces and central-affiliated cities for the planning periods; design of detailed diagrams for development of electrical grids for rural districts, urban districts, district-level towns and provincial-affiliated cities;
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g) Total volume of construction and investment capital for the selected national power development planning scheme, economic - financial analysis of the selected project;
h) Expected area of land for electrical works;
i) Mechanisms, policies and solutions for implementation of power development planning of provinces and central-affiliated cities during planning period.”
This Article is annulled by clause 4 Article 8 of the Law No. 28/2018/QH14 on Amendments to some Articles concerning planning of 11 Laws, which has been effective since January 01, 2019.
[13] This Article is amended by clause 2 Article 6 of the Law No. 28/2018/QH14 on Amendments to some Articles concerning planning of 11 Laws, which has been effective since January 01, 2019
[14] This Article is amended by clause 3 Article 6 of the Law No. 28/2018/QH14 on Amendments to some Articles concerning planning of 11 Laws, which has been effective since January 01, 2019
[15] This clause is amended by clause 6 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[16] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[17] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
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[19] This point is amended by clause 7 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[20] The word “minh bạch” (“transparency”) is added by clause 3 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[21] The word “thứ tự” (“order”) is annulled by clause 2 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[22] This clause is amended by clause 8 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[23] The phrase “phí dịch vụ phụ trợ” (“fees for ancillary services”) is replaced with the phrase “giá dịch vụ phụ trợ” (“prices of ancillary services”) as prescribed in point b clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[24] The phrase “các loại phí dịch vụ” (“types of fees for ancillary services”) is replaced with the phrase “giá dịch vụ phụ trợ” (“prices of ancillary services”) as prescribed in point b clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[25] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[26] This clause is amended by clause 9 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[27] The phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp luật” (“safeguard their interests in compliance with regulations of law”) is added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[29] The phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp luật” (“safeguard their interests in compliance with regulations of law”) is added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[30] Title of this Article is amended by clause 11 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[31] This clause is amended by clause 11 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[32] This clause is amended by clause 11 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[33] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[34] This point is amended by clause 12 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[35] This clause is added by clause 13 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[36] This clause is amended by clause 13 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[37] This clause is amended by clause 13 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[39] This clause is amended by clause 15 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[40] This clause is amended by clause 15 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[41] This clause is amended by clause 15 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[42] This clause is amended by clause 16 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[43] This clause is amended by clause 16 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[44] This clause is added by clause 16 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[45] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[46] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[47] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
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[49] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[50] This point is amended by clause 17 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[51] The phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp luật” (“safeguard their interests in compliance with regulations of law”) is added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[52] The phrase “phí truyền tải Điện” (“electricity transmission fees”) is replaced with the phrase “giá truyền tải Điện” (“electricity transmission prices”) as prescribed in point c clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[53] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[54] This point is added by point a clause 2 Article 6 of the Law No. 03/2022/QH15 dated January 11, 2022 of the National Assembly on Amendments to Certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which has been effective since March 01, 2022.
[55] The phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp luật” (“safeguard their interests in compliance with regulations of law”) is added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[56] This point is added by point b clause 2 Article 6 of the Law No. 03/2022/QH15 dated January 11, 2022 of the National Assembly on Amendments to Certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which has been effective since March 01, 2022.
[57] This point is annulled by clause 2 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[59] The phrase “bảo đảm quyền lợi giữa các bên nhưng không trái với quy định của pháp luật” (“safeguard their interests in compliance with regulations of law”) is added by clause 4 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[60] This point is amended by clause 18 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[61] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[62] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[63] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[64] Title of this Article is amended by clause 19 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[65] This clause is added by clause 19 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[66] This clause is amended by clause 20 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[67] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[69] The phrase “quy phạm kỹ thuật” (“Technical Code of practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point dd clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[70] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[71] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[72] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[73] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[74] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[75] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[76] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[77] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[79] This Article is added by clause 21 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013 as follows:
[80] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[81] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[82] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[83] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[84] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[85] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[86] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[87] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[89] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[90] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[91] The phrase “quy phạm” (“Code of Practice”) is replaced with the phrase “quy chuẩn kỹ thuật” (“technical regulation”) as prescribed in point d clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[92] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[93] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[94] The word “biên giới” (“border area”) is added by clause 5 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[95] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[96] The phrase “Bộ Công nghiệp” (“Ministry of Industry”) is replaced with the phrase “Bộ Công Thương” (“Ministry of Industry and Trade”) as prescribed in point e clause 1 Article 2 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013;
[97] This point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
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[99] This point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[100] This point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[101] This point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[102] This point is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[103] This clause is amended by clause 23 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013.
[104] This Article is amended by clause 24 Article 1 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013 as follows:
[105] Article 3 of the Law No. 24/2012/QH13 on Amendments to some Articles of the Law on Electricity, which has been effective since July 01, 2013, stipulates that:
“Article 3
1. This Law comes into force from July 01, 2013.
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Article 12 of the Law No. 28/2018/QH14 on Amendments to some Articles concerning planning of 11 Laws, which has been effective since January 01, 2019, stipulates that:
“Article 12. Effect
This Law comes into force from January 01, 2019.”.
Article 10 of the Law No. 03/2022/QH15 on Amendments to Certain Articles of the Law on Public Investment, the Law on Public-Private Partnership Investment, the Law on Investment, the Law on Housing, the Law on Procurement, the Law on Electricity, the Law on Enterprises, the Law on Special Excise Duties and the Law on Civil Judgment Enforcement, which has been effective since March 01, 2022, stipulates that:
“Article 10. Effect
This Law comes into force from January 01, 2022.”.
File gốc của Integrated document No. 06/VBHN-VPQH dated January 25, 2022 Law on electricity đang được cập nhật.
Integrated document No. 06/VBHN-VPQH dated January 25, 2022 Law on electricity
Tóm tắt
| Cơ quan ban hành | Văn phòng quốc hội |
| Số hiệu | 06/VBHN-VPQH |
| Loại văn bản | Văn bản hợp nhất |
| Người ký | Bùi Văn Cường |
| Ngày ban hành | 2022-01-25 |
| Ngày hiệu lực | 2022-01-25 |
| Lĩnh vực | Doanh nghiệp |
| Tình trạng | Còn hiệu lực |