Decree on elaborating some articles of the electricty Law and the Law on amendments to a number of articles of the Law on electricity

Article 1. Scope This Decree elaborates a number of articles of the Law on Electricity and Law on Amendments to a number of Articles of the Law on Electricity on planning for and investment in electricity development; demand side management; electricity sale and purchase; electricity prices; electricity licenses; electricity regulation; inspection of electricity-related activities and electricity use.

Article 2. Organizing adjustment of electricity development planning 1. The electricity development planning shall be adjusted every 05 years or ahead of schedule in order to promptly respond to changes in economic-social development. 2. The Ministry of Industry and Trade shall organize the formulation and approval of draft and cost estimates in order to adjust the national electricity development planning, including funding for the appraisal and announcement; register the necessary budget for adjustment of the planning in accordance with regulations. 3. [2] (annulled)

Article 3. Management and implementation of electricity development planning 1. The Ministry of Industry and Trade shall: a) [3] Carry out state management on electricity development planning; instruct or approve annual/medium-term plans for investment in power development (including plans for development of power generation and 500 kV/200 kV/100 kV grids) on the basis of approved national electricity development planning; b) Announce the national electricity development planning, including the adjusted planning which has been approved; c) Preside over and cooperate with ministries and People's Committees of provinces and central-affiliated cities in formulating mechanisms and solutions for implementation of the electricity development planning and submit them to the Prime Minister; d) Organize the supervision and inspection of implementation of the national electricity development planning; dd) Annually review and assess results and impacts of the implementation of the national electricity development planning for reporting to the Prime Minister. 2. People’s Committees of provinces and central-affiliated cities shall: a) [4] (annulled) b) [5] Provide land in land use planning in their provinces for electricity projects in the electricity development planning; c) Preside over and closely cooperate with investors in land clearance, provision of compensation and assistance in relocation for electricity projects; d) [6] (annulled) dd) [7] Annually review and assess results and impacts of the implementation of the electricity development planning within their provinces included in the provincial planning and submit a report thereon to the Ministry of Industry and Trade. 3. Investors in electricity projects shall: a) Fully and promptly provide funding for units providing compensation and assistance in relocation for electricity projects; b) Submit to People’s Committees of provinces and central-affiliated cities the documents relating to allocation of land reserved for premises, safety corridors, workers’ housing areas and relocation areas of electricity projects; c) Cooperate with units authorized by the competent authority to provide compensation and assistance in relocation in provision of compensation and assistance in relocation, and land clearance; d) Submit an annual report on project execution to the authority having the power to manage the implementation of the electricity development planning. 4. Organizations and individuals possessing houses and property attached to the pieces of land on which land reserved for and safety corridors of electricity projects exist shall: a) Transfer land by the deadline specified in the decision of People’s Committees at all levels for the area of land intended for electrical works as prescribed by law on land; b) Cooperate with the unit providing compensation and assistance in relocation in relocation, clearance of land and safety corridors of power generation and grid projects in which the investment has been decided by the competent authority. 5. [8] The Ministry of Finance shall preside over or cooperate with the Ministry of Industry and Trade in prescribing annual funding for fulfillment of the responsibilities mentioned in points d and dd Clause 1 and point dd clause 2 this Article.

Article 4. Large power plants of special significance 1. Large power plants of special significance in terms of economy – society, national defense and security specified in clause 2 Article 4 of the Law on Electricity include: a) Nuclear power plants; b) Several hydropower plants. 2. The Minister of Industry and Trade shall submit the list of power plants specified in clause 1 of this Article to the Prime Minister for approval.

Article 5. Responsibilities for investment in construction of power stations 1. Electricity generation units shall be responsible for investment in construction of switching stations and electrical substation under their management which synchronize with equipment for power generation to be connected to the power system, unless otherwise agreed. 2. Electricity transmission units and electricity distribution units shall be responsible for investment in construction of switching stations, electrical substation and reactive power compensation stations under their management, unless otherwise agreed.

Article 6. Construction and renovation of electrical grids 1. Newly built lines, transmission substations and power distribution stations must be designed and use technical equipment and technologies in line with technical regulations and national standards (TCVN) or foreign standards which are equivalent or higher permitted by competent authorities for application in Vietnam. 2. Electricity transmission units and electricity distribution units shall formulate a plan and road map for renovating and upgrading lines, transmission substations and power distribution stations so that they satisfy technical regulations and national standards (TCVN) or foreign standards which are equivalent or higher permitted by competent agencies for application in Vietnam. 3. Organizations and individuals possessing separate lines and substations shall be responsible for investment in renovation and upgrading of their lines and substations when electricity transmission units and electricity distribution units determine that such lines and substations fail to satisfy standards for operation issued by competent agencies.

Article 7. Conditions for connection of electrical works to national power grid 1. An electrical work connected to the national power system must satisfy conditions and technical regulations and there must be a connection agreement with power grid managing unit. 2. The Ministry of Industry and Trade shall prescribe conditions, technical regulations, method for determining initial costs of connection and annual charges for management and operation services (if any); connection procedures; form of connection agreement.

Article 8. Assistance in investment in electricity development in rural areas, mountainous areas and border areas, and on islands The Ministry of Finance shall preside over and cooperate with the Ministry of Industry and Trade in implementing policies on assistance in investment in electricity development in rural areas, mountainous areas and border areas, on islands and in disadvantaged and extremely disadvantaged areas.

Article 9. Demand side management The demand side management specified in point a clause 1 Article 16 of the Law on Electricity includes encouraging and providing guidance on change of method of electricity use; use of high efficiency electrical equipment; preventing power wastage and loss; reducing peak load, reducing load difference between peak hours and off-peak hours.

Article 10. Responsibility for demand side management 1. The Ministry of Industry and Trade shall: a) Formulate and submit to the Prime Minister the national demand side management for approval, provide guidance thereon and organize implementation thereof; b) Promulgate technical regulations and guidelines for implementing regulations of law on demand side management; c) Instruct electric utilities to implement and assess results of implementation of demand side management programs and plans; d) Preside over and cooperate with the Ministry of Finance in formulating and promulgating financial mechanisms to encourage and assist in the implementation of the national demand side management program; carry out research and development activities related to demand side management. 2. People’s Committees of provinces shall: a) Develop a program and solutions for management of demand of and efficient electricity use by electricity customers under their management; incorporate objectives of the program into the social-economic development plan and local production plan, and inspect and assess the implementation thereof; organize and allocate appropriate resources for demand side management and effective electricity use; b) Inspect, supervise and report to the Ministry of Industry and Trade results of implementation of the program for management of demand of and efficient electricity use by electricity consumers under their management; promptly handle violations against regulations of law on demand side management and effective electricity use. 3. Electric utilities shall: a) Formulate a plan for and organize implementation of activities of the national demand side management program; b) Report results of implementation of demand side management plans in accordance with regulations. 4. Electricity consumers are responsible for participating in implementation of the national demand side management program.

Article 11. Power purchase agreements for domestic use 1. Conditions for signing a power purchase agreement for domestic use (hereinafter referred to as “domestic PPA”) a)[9] The electricity purchaser must have full civil legal capacity as per the law, have a request for electricity purchase and residence information of the household where the electricity is purchased or documents proving the ownership, management and use of place where the electricity is purchased; b) The electricity seller has a power distribution grid fully capable of electricity supply meeting the demand of the electricity purchaser. 1a. [10] An application for purchase of domestic power submitted by the purchaser in physical or electronic form shall contain: an application form for power purchase and one of the following documents: a) Citizen ID card, ID card, certificate of residence information, notice of personal identification number and citizen information in the National Population Database of the representative of the electricity purchaser. At a place where electricity purchase is registered, the household purchaser can only sign 01 Agreement. b) In case the household's residence information is not used at the electricity purchase location, the electricity purchaser shall provide a copy of one of the following documents: Certificate of house ownership; certificate of land use rights (on land on which houses are available); house division decision; house sales contract; house lease contract with a term of 01 year or more or other documents proving the ownership, management and use of the electricity purchase location with a term of 01 year or more to apply for electricity purchase and only sign 01 Agreement. 2. The electricity seller must sign the agreement and supply electricity to the purchaser within 07 working days when all conditions set out in clause 1 of this Article are met. 3. In case where power distribution grid is not available or the power distribution grid is overloaded as certified by the electricity regulatory agency or authorized agency, the electricity seller must, within 05 working days, send a written response to the electricity purchaser which clearly states the estimated date of electricity supply. 4. [11] The Ministry of Industry and Trade shall provide guidance on domestic power purchase agreements.

Article 12. PPA performance security 1. The electricity purchaser that is an electricity consumer having an average power consumption of 1,000,000 kWh/month or more shall have a performance security before the effective date of the PPA. 2. The value of the performance security shall be agreed upon by the parties to the PPA but shall not exceed electricity charge payable for 15-day period and is calculated on the basis of monthly power consumption registered in the PPA and applicable price of electricity at normal hours. 3. Method and effect of the performance security, rights and obligations pertaining to the performance security shall be agreed upon by the parties in the PPA; performance security in the form of a bank guarantee is recommended. 4. The electricity seller is entitled to disconnect electricity supply to the electricity purchaser if the electricity purchaser fails to have a performance security or fails to maintain the performance security. 5. Regulations on PPA performance security shall not apply to PPAs coming into force before the effective date of this Decree, except for the PPAs for which performance security has been agreed upon by the two parties.

Article 13. Breaches of PPA 1. Breaches constituted by the electricity seller include: a) Postponing the electricity supply under the signed PPA, unless the customer’s facility is not able to operate; b) Failing to ensure power quality and output, stability during electricity supply under the signed PPA, except for the force majeure event; c) Incorrectly recording meter readings; incorrectly calculating electricity bill; d) Postponing or failing to pay compensation for the electricity purchaser for the damage they have caused; dd) Other breaches of regulations on power purchase. 2. Breaches constituted by the electricity purchaser include: a) Postponing the performance of the assigned agreement; b) Using electricity for the purposes other than those stated in the agreement; c) Exceeding the consumption registered in the load profile stated in the PPA at peak hours; d) Failing to liquidate the agreement in case electricity is not used; dd) Delaying paying electricity bills without any legitimate reason; e) Postponing or failing to pay compensation for the electricity seller for the damage they have caused; g) Other breaches of regulations on power purchase.

Article 14. Electricity supply disconnection and reduction 1. The electricity seller is entitled to disconnect or reduce electricity supply in the following cases: a) Electricity supply is disconnected or reduced as prescribed in Article 27 of the Law on Electricity; b) The electricity purchaser violates the regulations set out in clauses 1, 4, 5, 6, 7 and 8

Article 7 of the Law on Electricity; c) It is requested by a competent authority in case the organization or individual violates regulations of the Law on Electricity, Construction Law and law on environmental protection. 2. The Ministry of Industry and Trade shall elaborate on conditions and procedures for electricity supply disconnection and reduction; costs of electricity supply disconnection and electricity reconnection.

Article 15. Electric power quality 1. Voltage and frequency for electricity use must satisfy the following standards: a) Regarding voltage: Under normal conditions, the permissible voltage deviation is about ±5% of the nominal voltage of electrical grid and defined at the position where the electricity metering device is located or another position agreed upon by the two parties. For the electrical grid which remains unstable after a fault, the permissible voltage deviation is +5% to -10%; b) Regarding frequency: Under normal conditions, the permissible frequency deviation in the power system is within ±0.2Hz of the 50Hz nominal frequency. For the electrical grid which remains unstable after a single fault, the permissible frequency deviation is ± 0.5Hz. 2. The Ministry of Industry and Trade shall promulgate regulations on electric power quality standards in the power system. 3. The purchaser of electricity for the purpose of production, business or service provision that has or does not have a separate electrical substation provided and uses a maximum power of 40 kW or more shall: a) Register the load profile and specifications of electricity-using equipment with the electricity seller; b) Ensure that the factor cosφ is ≥ 0.9 at the position where the electricity metering device is located when the power system ensures its electric power quality as prescribed in clause 1 of this Article; c) Install a reactive power compensation device if the facto cos φ is < 0.9 so as to increase coefficient cos φ to ≥ 0.9 or purchase reactive power on power system of the electricity seller. Within 01 year from the effective date of this Decree, the electricity purchaser must not buy reactive power upon when maintaining the power factor cosφ at 0.85 or more; d) Satisfy technical standards about harmonic, voltage oscillator, and voltage flicker in accordance with regulations. 4. If the electricity purchaser is able to generate reactive power on the power system and the electricity seller wishes to buy the reactive power, the two parties may agree on purchase and sale of the reactive power under an agreement. 5. In special case, the parties may agree upon the electric power quality other than that specified in the standard in clause 1 of this Article. 6. The Ministry of Industry and Trade shall provide guidance on the purchase and sale of reactive power as prescribed in this Article.

Article 16. Electricity metering 1. When changing the electricity metering device, the electricity purchaser and the electricity seller must jointly sign a certification of specifications of the electricity metering device and the meter readings. 2. In case the electricity metering device is lost or broken, two parties shall make a record so as to identify the cause and responsibility of the parties involved. In case it is not at the electricity purchaser’s fault, the electricity seller shall repair or replace the electricity metering device and continue supplying electricity to the electric purchaser. 3. The new electricity user shall notify the electricity seller so as to check the metering system after receiving it. During the period the electricity seller has not been notified, the electricity user must be responsible for the received metering system. The electricity seller shall continue supplying electricity, check the metering system and sign a PPA if the new electricity user has met all conditions. 4. The Ministry of Industry and Trade shall prescribe the metering in the power system; the collection, transmission and management of data obtained from automatic metering in the power system.

Article 17. Recording of meter readings 1. In the case of purchase of electricity for domestic use, the electricity seller shall record meter readings every month once on, immediately before or after a given day, except for force majeure events. 2. In the case of purchase of electricity for non-domestic use, the recording of meter readings is prescribed as follows: a) Less than 50,000 kWh/month, record the readings once a month; b) 50,000 to 100,000 kWh/month, record the readings twice a month; c) More than 100,000 kWh/month, record the readings three times a month; 3. For the electricity purchaser using electricity less than 15 kWh/month, the recording frequency shall be agreed upon by the two parties. 4. In the case of electricity wholesaling, the recording of readings shall be agreed upon by the two parties. 5. The electricity seller must ensure accuracy of the recorded readings.

Article 18. Responsibility of electricity purchasers for electricity meter protection 1. Protect electricity meters under their management as agreed upon under the PPA. If the electricity meter is lost, compensation shall be provided, if broken, the cost of repair or testing shall be paid. 2. Do not dismantle or move the electricity meter without permission. If the electricity meter needs to be moved to another position, it is required to obtain consent of the electricity seller and pay the cost incurred.

Article 19. Test of electricity metering devices against which complaints are filed 1. The Department of Industry and Trade of a province or central-affiliated city which is an agency in charge of state management of electricity-related activities and electricity use shall organize the testing of electricity metering devices at the request of electricity purchasers as prescribed in clause 3 Article 25 of the Law on Electricity. 2. The independent testing organization invited by the Department of Industry and Trade to test electricity metering devices must be an organization that does not have rights and interests related to electricity sellers and purchasers and have not participated in testing of the electricity metering devices against which complaints are filed.

Article 20. Payment of electricity bills 1. An electricity bill is prepared according to the metering cycle. Method of notification of electricity bill payment shall be agreed upon by the two parties under the PPA. 2. If the electricity metering device is not accurate as prescribed in standards, the electricity bill must be paid as prescribed in Article 23 of the Law on Electricity, clause 9

Article 1 of Law on Amendments to a number of Articles of the Law on Electricity and defined as follows: a) If the period of time over which the electricity metering device is not accurate is identified, the electricity seller must repay overpayment or claim underpayment based on actual electricity bills; b) In case of failure to identify the period of time over which the electricity metering device runs fast, the electricity seller must repay the electricity bill overpayment on the basis of 01 meter reading recording cycle exclusive of the period of time over which electricity is being used before the recording date. 3. If the electricity purchaser uses electricity during the period the metering system is faulty causing the meter to stop working, the electricity bill payable shall be calculated by multiplying the daily average electricity used of preceding 03 metering cycles by the actual number of days of electricity use. The actual number of days of electricity use shall begin from the time the meter stops working which is recorded in the meter’s memory or from the last day of meter reading recording if the meter fails to record the time the meter stops working till the day on which the metering system is resumed. 4. If the electricity purchaser uses electricity during the period the metering system is lost, the electricity bill payable shall be calculated by multiplying the daily average electricity used of preceding 03 metering cycles by the actual number of days of electricity use. The actual number of days of electricity use shall begin from the last day of meter reading recording to the day on which the meter is installed and works again. 5. It is recommended that electricity bill payment be made via bank or at payment locations of the electricity seller. 6. Agencies and organizations which have the power to solve disputes over electricity bill payment according to clause 5 Article 23 of the Law on Electricity are the provincial Departments of Industry and Trade or other agencies and organizations as agreed upon by the two parties.

Article 21. Right to enter electricity purchaser's premises Any person nominated by the electricity utility to enter the electricity purchaser's premises to perform his/her tasks as prescribed in point c clause 1 Article 41, point d clause 1 Article 43 and point d clause 1 Article 44 of the Law on Electricity must present one of the following papers to the electricity purchaser: 1. Electricity inspector’s card in the case of electric power inspection. 2. Official’s or employee’s card issued by the electricity seller to the employee recording meter readings, maintaining, repairing and replacing electrical equipment of the electricity distribution unit.

Article 22. Sale and purchase of electricity with foreign countries 1. The authorities competent to permit the sale and purchase of electricity with foreign countries defined in clause 1 Article 28 of the Law on Electricity includes: a) The Prime Minister who shall approve guidelines for the sale and purchase of electricity with foreign countries through the national electrical grid at a voltage of 220 kV or more. The Ministry of Industry and Trade shall consider electric utilities’ requests for the sale and purchase of electricity with foreign countries and submit them to the Prime Minister; b) The Ministry of Industry and Trade shall approve guidelines for the sale and purchase of electricity with foreign countries through the national electrical grid at a voltage of less than 220 kV at the request of electricity utilities. 2. An electricity consumer in a border area prescribed in clause 3 Article 28 of the Law on Electricity may only buy electricity directly with a foreign country at a voltage of 0.4 kV and must meet fully the following conditions: a) He/she is a Vietnamese citizen; b) The electricity consumption is less than 10 kW and the connection to the national power system or local electrical grid is impossible; c) The electricity purchaser invests in, manages and operates the entire power grid from the border area to the location of electricity users; d) Standards and technical regulations on electrical safety are satisfied; dd) Consent of the district-level People’s Committee is obtained. 3. The provincial People’s Committee shall provide guidance on, manage, supervise and inspect the purchase of electricity with foreign countries as prescribed in clause 2 of this Article.

Article 23. Responsibilities for reporting electricity production costs and financial statements 1. Electricity utilities shall submit reports on electricity production costs and annual audited financial statements already to the electricity regulatory agency. 2. The Ministry of Industry and Trade shall define electricity utilities that are responsible for the reporting; provide guidance on reporting and procedures for preparing electricity production reports, check and confirm prices of electricity production of electricity utilities defined in clause 1 of this Article.

Article 24. Approval of electricity prices and charges 1. The Ministry of Industry and Trade shall provide for methods and procedures for making and appraising the electricity generation price bracket, electricity wholesaling price bracket, prices of electricity transmission, prices of ancillary services for power system, fees for load dispatching and operation and fees for regulation of electricity market transactions after conferring the Ministry of Finance. 2. The Minister of Industry and Trade shall approve: a) Fees for load dispatching and power system operation, fees for regulation of transactions in the electricity market after conferring the Ministry of Finance; b) Electricity generation price bracket, electricity wholesaling price bracket, prices of electricity transmission, prices of ancillary services for the power system, except for the case specified in clause 22 Article 1 of the Law on Amendments to a number of Articles of the Law on Electricity.

Article 25. Two-tiered electricity prices Two-tiered electricity prices applied include capacity add-on price and electricity price. The Ministry of Industry and Trade shall formulate and submit to the Prime Minister a road map for application and define eligible entities.

Article 26. Electricity generation prices and electricity wholesaling prices 1. The electricity generation price and electricity wholesaling price under a fixed-term PPA shall be agreed upon by the electricity purchaser and the electricity seller by adopting the method on which guidance is provided by the Ministry of Industry and Trade but not exceed the price bracket already approved by the competent authority. 2. During negotiation, in case of failure to reach an agreement on the electricity generation price or electricity wholesaling price in order to sign a PPA with a defined term, the Ministry of Industry and Trade shall decide a provisional price for application until the electricity seller and the electricity purchaser reach an agreement on an official price. 3. The Ministry of Industry and Trade shall provide guidance on implementation of clause 1 and clause 2 of this Article.

Article 27. Inspection of PPAs with a defined term 1. The electricity regulatory agency shall inspect the following agreements: a) Fixed-term PPAs between electricity generation units and electricity purchasers; ancillary services agreement between electricity generation units and power system and electricity market operating units; b) Fixed-term PPAs in the electricity wholesaling market; fixed-term PPAs of power corporations. 2. Contents of the inspection shall comply with Article 22 of the Law on Electricity. 3. The Ministry of Industry and Trade shall promulgate model agreements, procedures for inspection of PPAs specified in clause 1 of this Article and handle PPAs in violation of regulations.

Article 28. [12] (annulled)

Article 29. Requirements for licensing electricity generation The organization established under regulations of law and registering for electricity generation shall satisfy the following conditions:[13] 1. [14] There is a power plant construction project which is compliance with the approved power development planning. Work items of the power plants are built or installed according to the approved design, tested or commissioned as prescribed. 2. The person directly involved in technical management and operation must have at least a bachelor’s degree in electricity or engineering and have at least 05 years of work experience in electricity generation. The person directly involved in operation must have degrees in relevant majors, trained in safety, trained and granted a certificate of operation of power plants and electricity market in accordance with regulations. 3. There are information technology infrastructure, system for control, supervision, and collection of data which conform to requirements of the power system and electricity market in accordance with regulations of law. 4. [15] (annulled) 5. There is an environmental impact assessment report and environmental protection commitment prepared for the electricity generation project, which are approved or accepted by the competent authority in accordance with regulations of law environmental protection. 6. [16] (annulled) 7. There is a reservoir operation procedure in the case of a hydropower plant approved by the competent authority. 8. Legal documents on safety of hydropower dams for hydropower plants under regulations of law.

Article 30. Requirements for licensing electricity transmission The organization established under regulations of law and registering for electricity transmission shall satisfy the following conditions:[17] 1. [18] There must be equipment, power lines and substations that are built or installed in accordance with approved technical designs; that have undergone testing or commissioning which shows that the results are satisfactory. 2. [19] The person directly involved in technical management must have at least a bachelor’s degree in electrical engineering and have at least 05 years of work experience in electricity transmission. The person directly involved in operation must have a degree in electricity, trained in electrical safety and granted a certificate of operation in accordance with regulations.

Article 31. Requirements for licensing electricity distribution The organization established under regulations of law and registering for electricity distribution shall satisfy the following conditions: [20] 1. [21] There must be equipment, power lines and substations that are built or installed in accordance with approved technical designs; that have undergone testing or commissioning which shows that the results are satisfactory. 2. [22] The person directly involved in technical management must have at least a bachelor’s degree in electrical engineering and have at least 03 years of work experience in electricity distribution. The person directly involved in operation must have a degree in electricity, trained in electrical safety and granted a certificate of operation in accordance with regulations. 3. [23] (annulled)

Article 31a. [24] Requirements for fire fighting and prevention during the process of carrying out electricity-related activities The power generation, transmission and distribution shall comply with regulations of the law on fire fighting and prevention.

Article 29. Requirements for licensing electricity wholesaling [25] The organization established under regulations of law and registering for electricity wholesaling shall satisfy the following conditions: The person directly involved in electricity wholesaling must have at least a bachelor’s degree in electrical engineering, engineering, economics or finance and have at least 05 years of work experience in electricity trading. Any unit satisfying the conditions for electricity wholesaling is permitted to import and export electricity. 2. [26] (annulled) 3. [27] (annulled) 4. [28] (annulled)

Article 33. Requirements for licensing electricity retailing The organization established under regulations of law and registering for electricity retailing shall satisfy the following conditions: [29] 1. [30] The person directly involved in electricity wholesaling must have at least a bachelor’s degree in electrical engineering, engineering, economics or finance and have at least 03 years of work experience in electricity trading. 2. [31] (annulled) 3. [32] (annulled)

Article 34. [33] (annulled)

Article 35. [34] (annulled)

Article 36. [35] (annulled)

Article 37. [36] (annulled)

Article 38. Electrical consulting services [37] 1. Conditions for provision of electrical consulting services shall only apply to work items directly related to electricity, other work items shall apply the conditions prescribed by the law on construction. 2. Electrical consulting services include electrical work design consulting and electrical work construction supervision consulting. 3. Electrical works include: a) Power plants: hydropower, wind power, solar power and thermal power (coal, gas, oil, biomass, solid waste); b) Power lines and substations. 4. A table showing capacity of electrical works applied to electrical consulting services: Hydropower, wind power Power line and Thermal power plant and solar power plant substation Class 1 Not limited Not limited Not limited Class 2 Up to 300 MW Up to 300 MW Up to 220 kV Class 3 Up to 100 MW Up to 110 kV Class 4 Up to 30 MW Up to 35 kV

Article 29. Conditions for issuing licenses for provision of hydropower plant design consulting service [38] Upon registration of its hydropower plant design consulting service, the provider established in accordance with the law shall satisfy the following conditions:[39] 1. [40] (annulled) 2. [41] (annulled) 3. [42] The consultant holding the president title must have at least a bachelor's degree in electrical engineering or hydropower engineering or irrigation; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on hydropower plants of equivalent class; must obtain the construction practicing certificate in the field of design of hydropower plants of equivalent class. 4. [43] (annulled) 5. [44] (annulled) 6. [45] Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, irrigation, hydropower engineering, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least 01 project on the hydropower plant of equivalent class; must have the construction practicing certificate in the field of design of the hydropower plant of equivalent class.

Article 39a. [46] Conditions for issuing licenses for provision of wind power and solar power plant design consulting services Upon registration of its wind power plant/solar power plant design consulting service, the provider established in accordance with the law shall satisfy the following conditions: 1. The consultant holding the president title must have at least a bachelor's degree in electrical engineering or renewable energy; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on wind power plants/solar power plants of equivalent class; must obtain the construction practicing certificate in the field of design of wind power plants/solar power plants of equivalent class. 2. Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, renewable energy, electrical engineering - construction, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least project on the wind power plant/solar power plant of equivalent class; must have the construction practicing certificate in the field of design of the wind power plant/solar power plant of equivalent class.

Article 40. Conditions for issuing licenses for provision of thermal power plant design consulting service [47] Upon registration of its thermal power plant design consulting service, the provider established in accordance with the law shall satisfy the following conditions: [48] 1. [49] (annulled) 2. [50] (annulled) 3. [51] The consultant holding the president title must have at least a bachelor's degree in electrical engineering or thermal power engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on thermal power plants of equivalent class; must obtain the construction practicing certificate in the field of design of thermal power plants of equivalent class. 4. [52] (annulled) 5. [53] (annulled) 6. [54] Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, electrical engineering, thermal power engineering, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least 01 project on the thermal power plant of equivalent class; must have the construction practicing certificate in the field of design of the thermal power plant of equivalent class.

Article 41. Conditions for issuing licenses for provision of power line and substation design consulting services [55] Upon registration of its power line and substation design consulting service, the provider established in accordance with the law shall satisfy the following conditions:[56] 1. [57] (annulled) 2. [58] (annulled) 3. [59] The consultant holding the president title must have at least a bachelor's degree in electrical engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on power lines and substations of equivalent class; must obtain the construction practicing certificate in the field of design of power lines and substations of equivalent class. 4. [60] (annulled) 5. [61] (annulled) 6. [62] Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, electrical engineering, thermal power engineering, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least 01 project on the power line and substation of equivalent class; must have the construction practicing certificate in the field of design of the power line and substation of equivalent class.

Article 42. Conditions for issuing licenses for provision of hydropower plant construction supervision consulting services [63] Upon registration of its hydropower plant construction supervision consulting service, the provider established in accordance with the law shall satisfy the following conditions:[64] 1. [65] (annulled) 2. [66] (annulled) 3. [67] The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering or hydropower engineering or irrigation; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on hydropower plants of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of hydropower plants of equivalent class. 4. [68] (annulled) 5. [69] (annulled) 6. [70] Other consultants must have at least a bachelor’s degree in construction, irrigation, hydropower engineering, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the hydropower plant of equivalent class; must have the construction practicing certificate in the field of construction supervision of the hydropower plant of equivalent class.

Article 42a. Conditions for issuing licenses for provision of wind power and solar power plant construction supervision consulting services [71] Upon registration of its wind power plant/solar power plant construction supervision consulting service, the provider established in accordance with the law shall satisfy the following conditions: 1. The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering or renewable energy; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on wind power plants/solar power plants of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of wind power plants/solar power plants of equivalent class. 2. Other consultants must have at least a bachelor’s degree in construction, renewable energy, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the wind power plant/solar power plant of equivalent class; must have the construction practicing certificate in the field of construction supervision of the wind power plant/solar power plant of equivalent class.

Article 43. Conditions for issuing licenses for provision of thermal power plant construction supervision consulting services Upon registration of its thermal power construction supervision consulting service, the provider established in accordance with the law shall satisfy the following conditions:[72] 1. [73] (annulled) 2. [74] (annulled) 3. [75] The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering or thermal power engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on thermal power plants of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of thermal power plants of equivalent class. 4. [76] (annulled) 5. [77] (annulled) 6. [78] Other consultants must have at least a bachelor’s degree in construction, electrical engineering, thermal power engineering, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the thermal power plant of equivalent class; must have the construction practicing certificate in the field of design of the thermal power plant of equivalent class.

Article 44. Conditions for issuing licenses for provision of power line and substation construction supervision consulting services Upon registration of its power line and substation construction supervision consulting service, the provider established in accordance with the law shall satisfy the following conditions:[79] 1. [80] (annulled) 2. [81] (annulled) 3. [82] The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on power lines and substations of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of power lines and substations of equivalent class. 4. [83] (annulled) 5. [84] (annulled) 6. [85] Other consultants must have at least a bachelor’s degree in construction, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the power line and substation of equivalent class; must have the construction practicing certificate in the field of construction supervision of the power line and substation of equivalent class.

Article 45. The power to issue and amend electricity license [86] 1. The power to issue the electricity license a) The Ministry of Industry and Trade shall issue the electricity license intended for electricity transmission and generation by large-scale power plants on the list of large- scale power plants of critical importance in respect of society, economy, national defense and security approved by the Prime Minister; b) The Electricity Regulatory Authority shall issue the electricity license intended for electricity distribution, electricity wholesaling, electricity retail, electrical consulting services and electricity generation by power plants with a capacity of at least 03 MW other than those specified in point a of this clause; c) People’s Committees of provinces shall issue the electricity license to organizations and individuals involved in electricity-related activities on a small scale within their provinces under the guidance of the Ministry of Industry and Trade. 2. The electricity license shall be amended in the following cases: a) The amendment is requested by the license holder as one of the contents of the electricity license is changed; b) If socio - economic benefits and public benefits require protection, the issuing authority is entitled to amend the electricity license intended for electricity transmission and distribution. The amendment must be within the capacity of the license holder. c) If the issued license is found having mistakes, the issuing authority shall amend it.

Article 46. Revocation of electricity license 1. Electricity license holders shall have their electricity license revoked in the cases specified in Article 37 of the Law on Electricity. 2. When revoking an electricity license, the competent authority shall clearly set a deadline by which the electric utility has to resume its operation in order not to affect the supply of electricity to electricity consumers. 3. Within 90 days from the date on which the license is revoked, the electricity utility is entitled to complain to the competent authority about the license revocation.

Article 47. Fees and charges for appraisal of applications for issuance of electricity licenses 1. Every electricity license holder has the responsibility to: a) pay charges for issuance of the electricity license; b) pay fees for appraisal of the application for issuance of the electricity license. 2. The Ministry of Finance shall provide detailed guidance on the charges and fees for appraisal of applications for issuance of electricity licenses prescribed in clause 1 of this Article, and collection, payment, management and use thereof.

Article 48. Electricity regulation 1. The electricity regulation shall comply with clause 1 Article 66 of the Law on Electricity and clause 23 Article 1 of the Law on Amendments to a number of Articles of the Law on Electricity. 2. The electricity regulatory agency is an agency which assists the Minister of Industry and Trade to implement the provisions on electricity regulation. The Minister of Industry and Trade shall request the Prime Minister to define organizational structures, functions, tasks and powers of electricity regulatory agency.

Article 49. Inspection of electricity-related activities and electricity use 1. The Ministry of Industry and Trade shall prescribe contents, authority and procedures for inspection and settlement of disputes in electricity activity and electricity use. 2. The electricity regulatory agency and provincial People’s Committees shall, within their power, organize inspection, supervision and handling of violations with respect to electricity activity and electricity use. Provincial People’s Committees shall fully provide personnel for inspection of electricity activity and electricity use within their provinces. 3. Electric utilities shall inspect the implementation of regulations of law on electricity use and protection of safety of electrical works and electrical grids.

Article 50. Effect [87] 1. This Decree comes into force as of December 10, 2013. 2. The Government’s Decree No. 105/2005/ND-CP dated August 17, 2005 elaborating some Articles of the Electricity Law and the Law on Amendments to a number of Articles of the Law on Electricity shall cease to have effect from the effective date of this Decree.

Article 51. Responsibility for implementation 1. The Minister of Industry and Trade shall provide guidelines for implementation of the Articles and clauses enshrined in the Electricity Law, the Law on Amendments to a number of Articles of the Law on Electricity and this Decree; provide guidelines for other regulations set out in this Decree with a view to facilitating the state management. 2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and organizations and individuals concerned are responsible for the implementation of this Decree./. CERTIFIED BY PP. THE MINISTER THE DEPUTY MINISTER Dang Hoang An Preludes to the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on [1] amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade: “Pursuant to the Law on Government Organization dated June 19, 2015; Pursuant to the Commercial Law dated June 14, 2005; Pursuant to the Law on Goods Quality dated November 21, 2007; Pursuant to the Law on Chemicals dated November 21, 2007; Pursuant to the Law on Food safety dated June 17, 2010; Pursuant to the Law on Prevention and Control of Tobacco’s Harmful Effects dated June 18, 2012; Pursuant to the Law on Electricity dated December 03, 2004 and the Law on Amendments to certain articles of the Law on Electricity dated November 20, 2012; Pursuant to the Ordinance on Management and use of weapons, explosives and combat gear dated June 30, 2011 and the Ordinance on Amendments to certain articles of the Ordinance on Management and use of weapons, explosives and combat gear dated July 12, 2013; Pursuant to the Law on Investment dated November 26, 2014 and the Law on Amendments to Article 6 and Appendix No. 4 on the list of conditional business lines of the Law on Investment dated November 22, 2016; At the request of the Minister of Industry and Trade,” Preludes to the Government’s Decree No. 17/2020/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade: “Pursuant to the Law on Government Organization dated June 19, 2015; Pursuant to the Commercial Law dated June 14, 2005; Pursuant to the Law on Chemicals dated November 21, 2007; Pursuant to the Law on Food safety dated June 17, 2010; Pursuant to the Law on Electricity dated December 03, 2004 and the Law on Amendments to certain articles of the Law on Electricity dated November 20, 2012; Pursuant to the Law on Prevention and Control of Tobacco’s Harmful Effects dated June 18, 2012; Pursuant to the Law on Investment dated November 26, 2014 and the Law on Amendments to Article 6 and Appendix No. 4 on the list of conditional business lines of the Law on Investment dated November 22, 2016; Pursuant to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages dated June 14, 2019; At the request of the Minister of Industry and Trade;” Preludes to the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and presentation of household registration books and temporary residence registration books upon carrying out administrative procedures or providing public services: Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to the Law on Government Organization and the Law on Organization of Local Government dated November 22, 2019; Pursuant to the Law on Residence dated November 13, 2020; At the request of the Minister of Public Security;” [2] This clause is annulled by clause 1 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [3] This point is amended by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [4] This clause is annulled by clause 2 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [5] This point is amended by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [6] This clause is annulled by clause 2 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [7] This point is amended by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [8] This clause is amended by clause 1 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [9] This point is amended by clause 1 Article 8 of the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and presentation of household registration books and temporary residence registration books upon carrying out administrative procedures or providing public services, which has been effective since January 01, 2023. [10] This clause is added by clause 2 Article 8 of the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and presentation of household registration books and temporary residence registration books upon carrying out administrative procedures or providing public services, which has been effective since January 01, 2023. [11] This clause is amended by clause 3 Article 8 of the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and presentation of household registration books and temporary residence registration books upon carrying out administrative procedures or providing public services, which has been effective since January 01, 2023. [12] This Article is annulled by clause 3 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [13] This paragraph is amended by point a clause 2 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [14] This clause is amended by point b clause 2 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [15] This clause is annulled by clause 1 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [16] This clause is annulled by clause 1 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [17] This paragraph is amended by point a clause 3 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [18] This clause is amended by point a clause 1 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [19] This clause is amended by point b clause 1 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [20] This paragraph is amended by point a clause 4 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [21] This clause is amended by clause 2 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [22] This clause is amended by clause 2 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [23] This clause is annulled by clause 4 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [24] This Article is added by clause 3 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [25] This clause is amended by clause 4 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [26] This clause is annulled by clause 5 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [27] This clause is annulled by clause 5 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [28] This clause is annulled by clause 5 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [29] This paragraph is amended by point a clause 6 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [30] This clause is amended by clause 5 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [31] This clause is annulled by clause 6 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [32] This clause is annulled by clause 6 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [33] This Article is annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [34] This Article is annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [35] This Article is annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [36] This Article is annulled by clause 7 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [37] This Article is amended by clause 6 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [38] Title of this Article is amended by clause 7 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [39] This paragraph is amended by clause 8 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [40] This clause is annulled by clause 8 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [41] This clause is annulled by clause 8 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [42] This clause is amended by clause 8 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [43] This clause is annulled by clause 8 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [44] This clause is annulled by clause 2 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [45] This clause is amended by clause 8 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [46] This Article is added by clause 9 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [47] Title of this Article is amended by clause 10 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [48] This paragraph is amended by clause 11 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [49] This clause is annulled by clause 9 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [50] This clause is annulled by clause 9 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [51] This clause is amended by clause 11 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [52] This clause is annulled by clause 9 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [53] This clause is annulled by clause 3 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [54] This clause is amended by clause 11 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [55] Title of this Article is amended by clause 12 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [56] This paragraph is amended by clause 13 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [57] This clause is annulled by clause 10 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [58] This clause is annulled by clause 10 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [59] This clause is amended by clause 13 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [60] This clause is annulled by clause 10 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [61] This clause is annulled by clause 4 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [62] This clause is amended by clause 13 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [63] Title of this Article is amended by clause 14 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [64] This paragraph is amended by clause 15 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [65] This clause is annulled by clause 11 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [66] This clause is annulled by clause 11 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [67] This clause is amended by clause 15 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [68] This clause is annulled by clause 11 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [69] This clause is annulled by clause 5 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [70] This clause is amended by clause 15 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [71] This Article is added by clause 16 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [72] This paragraph is amended by point a clause 12 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [73] This clause is annulled by clause 12 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [74] This clause is annulled by clause 12 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [75] This clause is amended by clause 17 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [76] This clause is annulled by clause 12 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [77] This clause is annulled by clause 6 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [78] This clause is amended by clause 17 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [79] This paragraph is amended by point a clause 13 Article 6 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [80] This clause is annulled by clause 13 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [81] This clause is annulled by clause 13 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [82] This clause is amended by clause 18 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [83] This clause is annulled by clause 13 Article 7 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018. [84] This clause is annulled by clause 7 Article 4 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [85] This clause is amended by clause 18 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [86] This Article is amended by clause 19 Article 3 of the Government’s Decree No. 17/2020/ND-CP dated February 05, 2020 on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade, which has been effective since March 22, 2020. [87] Article 19 of the Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since January 15, 2018, stipulates that:

“Article 19. Effect and implementation 1. This Decree comes into force from the signing date. 2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall provide guidelines for and implement this Decree./.”

Article 21 of the Government’s Decree No. 17/2020/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade, which has been effective since March 22, 2020, stipulates that:

“Article 21. Effect and implementation 1. This Decree comes into force from March 22, 2020, except for the regulations laid down in clauses 2 and 3 of this Article. 2. Regulations on manufacturing, assembly and import of motor vehicles and provision of motor vehicle warranty and maintenance services specified in this Decree come into force from the date of its signature. 3. Regulations on spirit trading specified in this Decree come into force from the date of its signature. 4. The phrase “danh nghĩa Quốc gia Việt Nam” (“the name of Vietnam”) in Point dd Clause 6 and content “Việc tổ chức tham gia hội chợ, triển lãm thương mại tại nước ngoài với danh nghĩa Quốc gia Việt Nam phải đạt được tiêu chuẩn theo quy định của Bộ Công Thương” (“The organization of participation in overseas trade fairs and exhibitions under the name of Vietnam must meet standards as regulated by the Ministry of Trade and Industry”) in Clause 12 Article 29; the phrase “Văn bản thỏa thuận/Hợp đồng gửi kèm” (“Enclosed with the agreement”) specified at ordinal number 11 in the Form No. 01 and ordinal number 9 in the Form No. 02 and the phrase “việc sử dụng danh nghĩa Quốc gia Việt Nam” (“Use of the word “Vietnam””) at ordinal number 1 in the Form No. 10 of the Appendix enclosed with the Government’s Decree No. 81/2018/ND-CP dated May 22, 2018 are repealed”. 5. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall provide guidelines for and implement this Decree./.”

Article 15 of the Government’s Decree No. 104/2022/ND-CP dated December 21, 2022 amendments to Decrees on submission and presentation of household registration books and temporary residence registration books upon carrying out administrative procedures or providing public services, which has been effective since January 01, 2023, stipulate that:

“Article 15. Responsibility for implementation and implementation clause 1. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities shall implement this Decree and announce administrative procedures within their scope of management. 2. This Decree comes into force as of January 01, 2023. 3. From the effective date of this Decree, administrative procedures and public services requiring the submission and presentation of household registration books and temporary residence registration books shall be replaced by the use of information on residence as prescribed in Article 14 of this Decree.” ------------------------------------------------------------------------------------------------------ This translation is made by THƯ VIỆN PHÁP LUẬT, Ho Chi Minh City, Vietnam and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed