Decree No. 137/2013/ND-CP detailing a number of articles of the Electricity Law and the Law Amending and Supplementing a Number of Articles of the Electricity Law

Article 3. Management, implementation of Law and the Law Amending and Supplementing electricity development master plans a Number of Articles of the Electricity Law. 1. The Ministry of Industry and Trade

Article 1. Scope of regulation shall: This Decree details a number of articles of a/ Perform the state management of the Electricity Law and the Law Amending and electricity development master plans; guide the Supplementing a Number of Articles of the formulation of annual electricity development Electricity Law on planning and investment investment plans based on the approved in electricity development; management of electricity development master plans; electricity demand; electricity purchase and b/ Publicize the national electricity sale; electricity prices; electricity activity development master plan, including approved licenses; regulation of electricity activities; and adjusted master plans; examination of electricity activities and use. c/ Assume the prime responsibility for, and

Article 2. Organization of adjustment of coordinate with other ministries and sectors electricity development master plans and provincial-level People’s Committees © Vietnam Law & Legal Forum 6 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) in, devising mechanisms and solutions to residents affected by power projects; implement the electricity development master b/ Submit dossiers related to the allocation plans for submission to the Prime Minister; of land for the site, safety corridors, workers’ d/ Supervise and examine the implementation housing areas and resettlement areas of of the national electricity development master power projects to provincial-level People’s plan; Committees; dd/Annually review and assess the results, c/ Coordinate with units decided impacts and effects of the implementation of the by competent state agencies to carry out national electricity development master plan to compensation, relocation and resettlement be reported to the Prime Minister. in conducting compensation, relocation and resettlement assistance and ground clearance; 2. Provincial-level People’s Committees shall: d/ Make annual reports on the implementation of projects to competent state agencies a/ Publicize provincial-level electricity managing the implementation of electricity development master plans, including approved development master plans. adjusted master plans. 4. Organizations and individuals owning b/ Arrange land funds under the local land houses and property attached to land areas on use master plans for electricity projects in electricity projects’ sites and safety corridors the national electricity development master shall: plan and approved provincial-level electricity development master plans; a/ Hand over the sites on time according to decisions of the People’s Committees at all c/ Assume the prime responsibility for, and levels within the land areas reserved for power coordinate with investors in, ground clearance, works in accordance with the land law; compensation, population relocation, and resettlement for power projects; b/ Cooperate with units carrying out compensation, relocation and resettlement in d/ Supervise and examine the implementation the relocation and clearance of grounds and of provincial-level electricity development safety corridors for electricity source projects master plans in the localities; and power grids in which competent state dd/ Annually review and assess the results, agencies have decided on investment. impacts and effects of the implementation of the 5. The Ministry of Finance shall assume provincial-level electricity development master the prime responsibility for, and coordinate plans to be reported to the Ministry of Industry with the Ministry of Industry and Trade in, and Trade. determining annual funds for implementing 3. Electricity project investors shall: the contents specified at Points d and dd, D 3URYLGH WLPHO\ DQG VXI¿FLHQW IXQGV IRU Clause 1 and Points d and dd, Clause 2 of units to compensate, relocate and resettle this Article. © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 7 (Công Báo nos 717-718/November 02, 2013)

Article 4. Major power plants of particularly competent state agencies. LPSRUWDQWVLJQL¿FDQFH 2. Electricity transmission and distribution 1. Major power plants of particularly units shall formulate plans and roadmaps to important socio-economic, defense, security renovate and upgrade existing power distribution VLJQL¿FDQFHVSHFL¿HGLQ&ODXVH$UWLFOHRI and transmission lines and transformer stations the Electricity Law include: to conform with technical regulations and a/ Nuclear power plants; national standards or equivalent or higher foreign standards permitted for application in b/ A number of hydropower plants. Vietnam by competent state agencies. 2. The Minister of Industry and Trade shall VXEPLW WKH OLVW RI SRZHU SODQWV VSHFL¿HG LQ 3. Organizations and individuals possessing Clause 1 of this Article to the Prime Minister separate lines and transformer stations shall take for approval. responsibility for renovating and upgrading their lines and transformer stations when electricity

Article 5. Responsibilities to invest in transmission and distribution units determine power station construction that those lines and transformer stations fail 1. Electricity generation units shall to satisfy operation standards promulgated by invest in building power switching and competent state agencies. transformer stations within their management

Article 7. Conditions for power works to be to be synchronous with power generation connected to the national power grid technologies and equipment to be connected with the power system, unless otherwise agreed 1. Electricity works connected to the upon. national power system must satisfy conditions and technical regulations and have connection 2. Electricity transmission and distribution agreements with power grid management units shall invest in building power transformer units. and switching stations and reactive power compensation stations within their management, 2. The Ministry of Industry and Trade shall unless otherwise agreed upon. stipulate conditions, technical regulations and methods to determine initial connection costs

Article 6. Construction and renovation of and annual costs for hiring management and power grids operation (if any), the order for connection; and 1. The construction of electricity distribution the form of connection agreement. and transmission lines and transformer stations must be designed and use technical Article 8. Investment support for electricity facilities and technologies in conformity with development in rural, mountainous, and border technical regulations and national standards areas and islands or equivalent or higher foreign standards The Ministry of Finance shall assume the permitted for application in Vietnam by prime responsibility for, and coordinate with © Vietnam Law & Legal Forum 8 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) the Ministry of Industry and Trade in, guiding in, formulating and promulgating financial the implementation of support policies for mechanisms to encourage and support the investment in electricity development in rural, implementation of national electricity demand mountainous and border areas and islands and management programs; and conduct research areas with socio-economic difficulties and and development related to electricity demand H[WUHPHVRFLRHFRQRPLFGLI¿FXOWLHV management. 2. Provincial-level People’s Committees

Article 9. Management of electricity shall: demand a/ Develop programs and solutions to 0DQDJHPHQWRIHOHFWULFLW\GHPDQGVSHFL¿HG PDQDJH HOHFWULFLW\ GHPDQG HI¿FLHQW XVH RI at Point a, Clause 1, Article 16 of the Electricity electricity of electricity customer groups Law covers activities to encourage and guide under their management; incorporate the change of the way of using electricity; use program’s objectives in local socio-economic of high-efficiency electricity equipment; development and production plans and prevention of power waste and reduction examine and assess the implementation; of loss of electric power; reduction of peak organize and arrange appropriate resources for subload and differences of subload between HOHFWULFLW\GHPDQGPDQDJHPHQWDQGHI¿FLHQW peak and off-peak hours. use of electricity.

Article 10. Responsibilities for management b/ Examine, supervise and report the results of electricity demand. of implementation of the electricity demand management program and efficient use of 1. The Ministry of Industry and Trade electricity of electricity customer groups under shall: their management; and promptly handle cases a/ Formulate a national program on failing to observe regulations on electricity management of electricity demand to be demand management and efficient use of submitted to the Prime Minister for approval, electricity. and guide and organize the implementation; 3. Electricity units shall: b/ Promulgate technical regulations, a/ Plan and organize the implementation guide the implementation of regulations on of activities of the national electricity demand management of electricity demand; management program; c/ Guide electricity units to implement and b/ Report on the results of implementation assess the results of implementation of plans of electricity demand management plans under and programs on management of electricity regulations. demand; 4. Electricity users shall participate in d/ Assume the prime responsibility for, implementing the national electricity demand and coordinate with the Ministry of Finance management program. © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 9 (Công Báo nos 717-718/November 02, 2013)

Article 11. Electricity purchase and sale 1. The buyers that are electricity users with contracts for daily-life purpose the average monthly electricity consumption of 1,000,000 kWh or more shall implement 1. Conditions for signing electricity purchase measures to secure the contract performance and sale contracts for daily-life purpose before the electricity purchase and sale contract a/ The buyers must have full civil act takes effect. capacity as prescribed by law and a written 2. The value to secure contract performance request for power purchase attached with may be agreed between the buyer and seller a copy of one of the following papers: but must not exceed the price of 15 days of permanent residence or temporary residence electricity consumption determined based on ERRN WKH KRXVH RZQHUVKLS FHUWL¿FDWH RU WKH the average monthly electricity consumption housing allocation decision; the valid house registered in the electricity purchase and sale purchase contract; the house lease contract contract and the applied price of normal-hour with a term of one year or more; the land electric power. XVH ULJKWV FHUWL¿FDWH ZLWK KRXVHV RQ ODQG  DQG WKH QRWDUL]HG RU FHUWL¿HG KRXVH XVH DQG 3. Measures, forms, effect of security, management authorization contract. rights and obligations related to security must EH VSHFL¿FDOO\ DJUHHG DPRQJ WKH SDUWLHV LQ b/ The sellers have distribution networks the electricity purchase and sale contracts; capable of supplying electricity to meet the the implementation of via-bank guarantee buyers’ demand. measures is encouraged. 2. The sellers shall sign the contract and 4. The sellers may suspend the electricity supply power to the buyers within 7 working supply to the buyers in case the buyers neither GD\VZKHQDOOWKHFRQGLWLRQVVSHFL¿HGLQ&ODXVH carry out nor maintain measures to secure 1 of this Article are met. contract performance. 3. In case there is not yet any power 5. Regulations on security for the performance distribution network or the distribution network of electricity purchase and sale contracts are LV RYHUORDGHG DV FHUWL¿HG E\ WKH (OHFWULFLW\ not applicable to electricity purchase and sale Regulatory Authority or an authorized agency, contracts that took effect before the effective ZLWKLQ¿YHZRUNLQJGD\VWKHVHOOHUVVKDOOUHSO\ date of this Decree, excluding electricity the buyers clearly stating the estimated time of purchase and sale contracts in which two electricity supply. parties have agreed on security for contract 4. The Ministry of Industry and Trade shall performance. issue the model contract on electricity purchase Article 13. Acts of violating electricity and sale for daily-life purpose. purchase and sale contracts

Article 12. Security for the performance of 1. The electricity sellers’ violation acts electricity purchase and sale contracts include: © Vietnam Law & Legal Forum 10 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) a/ Delaying the electricity supply under the Article 14. Electricity supply cessation and signed electricity purchase and sale contract, reduction unless the customer’s works have not been 1. The electricity sellers may cease or reduce TXDOL¿HGIRURSHUDWLRQ electricity supply in the following cases: b/ Failing to ensure electric power quality a/ Ceasing or reducing electricity supply and quantity, stability in the electricity supply according to Article 27 of the Electricity under the signed contracts, except force majeure Law; circumstances; b/ The electricity buyers commit acts of c/ Recording wrong electricity meter violating Clauses 1, 4, 5, 6, 7 and 8, Article 7 readings; miscalculating electricity charges in of the Electricity Law; electricity bills; c/ At the request of competent state agencies d/ Delaying or failing to compensate the in case organizations or individuals violate buyers for losses caused by their fault; the provisions of the Electricity Law, the dd/ Other acts in violation of electricity Construction Law and law on environmental purchase and sale regulations. protection. 2. The electricity buyers’ violation acts 2. The Ministry of Industry and Trade include: shall specify conditions for and the order of ceasing or reducing electricity supply; expenses a/ Delaying the implementation of the for cessation and resumption of electricity signed contracts; supply. b/ Using electricity not for the purpose stated in the contract; Article 15. Quality of electric power c/ Using electricity in excess of the registered 1. Voltage and frequency for electricity use output in the subload chart written in the must ensure the following standards: electricity purchase and sale contracts during a/ Voltages: In normal condition, the peak hours; permitted voltage deviation is around ± 5% d/ Failing to liquidate the contracts when compared with the power grids’ nominal they do not use electricity; voltage and determined at the place where electricity-metering or - counting equipment dd/ Paying electricity charges late according is installed or other places agreed upon by the to regulations without plausible reasons; two parties. The permitted voltage deviation is e/ Delaying or failing to compensate the from +5% to - 10% for power grids that have electricity sellers for losses caused by their not been stable after incidents. fault; b/ Frequency: In normal condition, the g/ Other acts in violation of electricity permitted frequency deviation of the electric purchase and sale regulations. system is ± 0.2 Hz compared with the nominal © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 11 (Công Báo nos 717-718/November 02, 2013) frequency of 50 Hz. The permitted frequency to buy reactive power output, the two parties deviation is ± 0.5 Hz for power grids that have may agree on the purchase and sale of reactive not been stable after incidents. power output through contracts. 2. The Ministry of Industry and Trade shall 5. In special cases, the electricity buyers promulgate regulations on electric power and sellers may agree on the quality of electric quality standard for the electric system. power different from standards prescribed in 3. The buyers of electricity for production, Clause 1 of this Article. business and services having their own 6. The Ministry of Industry and Trade shall transformer stations or having no transformer guide the purchase and sale of reactive power stations but the maximum capacity of 40 kW output prescribed in this Article. or more shall:

Article 16. Electricity measurement and a/ Register the subload charts and the counting technical and technological properties of 1. When changing electricity-metering electrical equipment with the electricity and -counting devices, electricity buyers and sellers; sellers shall sign a minutes certifying technical E (QVXUH FRHIILFLHQW FRVij •  DW WKH parameters of the electricity-metering and- place where electricity-metering or -counting counting devices and meter readings. equipment is installed when the electric system ensures electric power quality according to 2. In case electricity-metering and -counting Clause 1 of this Article; devices are lost or damaged, the two parties shall sign a minutes to identify the reasons and c/ Install reactive power compensation responsibilities of related parties. In case of HTXLSPHQWIRUFRHI¿FLHQWFRVijWRUDLVH failing to identify the reason that it is the fault FRHI¿FLHQW FRVij •  RU EX\ PRUH UHDFWLYH of the electricity buyers, the electricity sellers power output from the electric system of the shall repair or replace new electricity-metering electricity sellers. and-counting devices and continue supplying Within one year from the date this Decree electricity to the electricity buyers. takes effect, the electricity buyers are not 3. The new electricity user shall notify required to buy reactive power output when the electricity seller to inspect the electricity- LPSOHPHQWLQJRXWSXWFRHI¿FLHQWFRVijRI metering and-counting system when receiving or higher; the place of electricity use with electricity- d/ Ensure technical standards on harmonic metering and-counting devices. Pending ZDYHVYROWDJHÀXFWXDWLRQVDQGYROWDJHÀLFNHUV notification to the electricity sellers, the under regulations. electricity users shall take responsibility for 4. In case the electricity buyers are capable the received electricity-metering and-counting of generating reactive power output to the devices. The electricity sellers shall continue electric system and the electricity sellers want supplying electricity, inspect the electricity- © Vietnam Law & Legal Forum 12 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) metering and-counting system and sign by the two parties in the contract. electricity purchase and sale contracts when the 5. The electricity sellers shall ensure new electricity users satisfy all conditions. the accuracy of recorded electricity meter 4. The Ministry of Industry and Trade shall readings. regulate electricity measurement and counting in the electric system; and the collection, Article 18. Responsibilities of electricity transmission and management of automatic buyers to protect electricity meters measurement data in the electric system. 1. To protect electricity meters under their management as agreed in electricity purchase

Article 17. Recording of electricity meter and sale contracts. To compensate for lost readings electricity meters; if damaging the meters, to 1. For electricity purchase and sale for pay for their repair and inspection. daily-life purpose, the electricity sellers 2. Not to dismantle and move electricity shall record electricity meter readings once a meters without permission. To obtain the PRQWKRQD¿[HGGDWH7KHWLPHRIUHFRUGLQJ electricity sellers’ permission and pay for the electricity meter readings may be changed one move when wishing to move electricity meters day earlier or later, except for force majeure to another position. circumstances. 2. For electricity purchase and sale not for Article 19. Inspection of electricity-metering daily-life purpose, the recording of electricity and counting devices subject to complaint meter readings of the electricity sellers is 1. Provincial-level Departments of Industry VSHFL¿HGDVIROORZV and Trade are the state management agencies a/ Recording electricity meter readings once in charge of electricity activities and use in a month for below 50,000 kWh/month; localities and shall organize the inspection of b/ Recording electricity meter readings electricity-metering and counting devices at twice a month for between 50,000 and 100,000 the request of electricity buyers according to kWh/month; Clause 3, Article 25 of the Electricity Law. c/ Recording electricity meter readings three 2. Independent inspection organizations times a month for more than 100,000 kWh/ invited by provincial-level Departments of month. Industry and Trade to inspect electricity- 3. For electricity buyers using electricity less metering and counting devices must have no than 15 kWh/month, the cycle for recording rights and interests related to the electricity electricity meter readings may be agreed upon buyers and have not been involved in inspecting by the two parties. electricity-metering and counting devices subject to complaint. 4. For electricity wholesale, the recording of electricity meter readings may be agreed upon Article 20. Electricity charge payment © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 13 (Công Báo nos 717-718/November 02, 2013) 1. Electricity bills must be made according use of electricity is counted from the time to the cycle of recording electricity meter the electricity meters stop working saved in readings. The form of notice of electricity the electricity meters’ memory or the last charge payment may be agreed upon by the day of recording meter readings in case the two parties in the electricity purchase and sale electricity meters fail to record the time of contracts. ceasing operation, to the day the electricity- 2. In case electricity-metering and -counting metering and -counting devices system resumes devices are imprecise compared with stipulated operation. standards, payable electricity charges according 4. In case the electricity buyers still use to Article 23 of the Electricity Law and electricity during the time the electricity &ODXVH$UWLFOHRIWKH/DZ$PHQGLQJDQG meters are lost, payable electricity charges Supplementing a Number of Articles of the must be determined by multiplying the daily Electricity Law are determined as follows: average electricity of three preceding cycles a/ If the time during which electricity- of recording meter readings and the number metering and -counting devices operate of days of actual use of electricity. The number improperly can be determined, the electricity of days of actual use of electricity is calculated sellers shall refund the overpaid charge amount from the last day of recording meter readings already collected or collect the deficient to the day electricity meters are installed and electricity charge amount from the electricity operate. buyers; 5. Payment of electricity charges via the b/ If the time during which electricity- banking system and at the electricity sellers’ metering and -counting devices operate fast charge collection places is encouraged. cannot be determined, the electricity sellers 6. Organizations and individuals competent shall refund the collected overpaid charge to organize the conciliation of electricity charge amount calculated based on one cycle of payment disputes according to Clause 5, Article recording meter readings, excluding the current 23 of the Electricity Law are provincial-level cycle of electricity use which has not reached Departments of Industry and Trade or other the date of recording meter readings. organizations, individuals as agreed upon by 3. In case the electricity buyers still use the two parties. electricity during the time the electricity meters stop working due to a damage to the system Article 21. Right to enter the electricity of electricity-metering and -counting devices, buyers’ management areas payable electricity charge must be determined Persons assigned by the electricity units to by multiplying the daily average electricity the electricity buyers’ management areas to of three preceding cycles of recording meter perform duties according to Point c, Clause 1, readings and the number of days of actual use Article 41, Point d, Clause 1, Article 43 and of electricity. The number of days of actual Point dd, Clause 1, Article 44 of the Electricity © Vietnam Law & Legal Forum 14 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) Law shall present to the electricity buyers one a/ Being Vietnamese citizens; of the following papers: b/ Having the electric use capacity of 1. The electricity inspector card for electricity below 10 kW and being unable to connect to inspection activities. the national power grid or the local electricity network; 2. The staff card granted by the electricity seller to its workers recording electricity meter c/ The whole electricity network from the readings, maintaining, repairing and replacing borderline to the place where electricity is electricity devices of electricity distribution used is invested and managed by the electricity units. buyers;

Article 22. Electricity purchase and sale d/ Ensuring electricity safety standards and with foreign countries technical regulations; 1. Agencies competent to permit the dd/ Obtaining the approval of the district- electricity purchase and sale with foreign level People’s Committees. countries prescribed in Clause 1, Article 28 of 3. Provincial-level People’s Committees the Electricity Law include: shall guide, manage, supervise, and inspect the a/ The Prime Minister, who shall approve purchase of electricity from foreign countries in principle the electricity purchase and sale prescribed in Clause 2 of this Article. with foreign countries through the national Article 23. Responsibilities to report on power grid at a voltage of 220 kV or higher. The electricity production and business costs and Ministry of Industry and Trade shall consider PDNH¿QDQFLDOVWDWHPHQWV the electricity units’ proposals to purchase and sell electricity with foreign countries, then 1. Electricity units shall report on electricity submit them to the Prime Minister; production and business costs and send annual DXGLWHG¿QDQFLDOVWDWHPHQWVWRWKH(OHFWULFLW\ b/ The Ministry of Industry and Trade, Regulatory Authority. which shall approve in principle the electricity 2. The Ministry of Industry and Trade purchase and sale with foreign countries shall specify electricity units having the through the national power grid at a voltage responsibility to report; guide the report of below 220 kV at the request of electricity contents and the order of making reports on units. electricity production and business costs, and 2. Electricity users in border areas examine and certify electricity production and mentioned in Clause 3, Article 28 of the business cost of electricity units prescribed in Electricity Law may only directly purchase Clause 1 of this Article. electricity from foreign countries at the voltage of 0.4 kV and must fully satisfy the Article 24. Approval of electricity prices following conditions: and charges © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 15 (Công Báo nos 717-718/November 02, 2013) 1. The Ministry of Industry and Trade FRQWUDFWVZLWKDGH¿QLWHWHUPDUHDJUHHGXSRQ shall specify methods, the order of setting by electricity buyers and sellers according to and appraisal of electricity generation price the method guided by the Ministry of Industry brackets, electricity wholesale price brackets, and Trade, but must not exceed the price electricity transmission prices, electric system brackets already approved by competent state support service prices, electric system operation agencies. regulation charges and electricity market 2. In the course of negotiation, when transaction administration charges after electricity generation and wholesale prices consulting the Ministry of Finance. have not yet been agreed for the conclusion 2. The Minister of Industry and Trade shall of electricity purchase and sale contracts with approve: D GH¿QLWH WHUP WKH 0LQLVWU\ RI ,QGXVWU\ DQG a/ Charges for electric system operation Trade shall decide on temporary prices for regulation and electricity market transaction application until electricity buyers and sellers administration charges after consulting the UHDFKDJUHHPHQWRQRI¿FLDOSULFHV Ministry of Finance; 3. The Ministry of Industry and Trade shall b/ Electricity generation price brackets, guide the implementation of Clauses 1 and 2 electricity wholesale price brackets, electricity of this Article. transmission prices, electric system support

Article 27. Examination of electricity service prices, electric system operation SXUFKDVH DQG VDOH FRQWUDFWV ZLWK D GH¿QLWH regulation charges except the case prescribed term. in Clause 22, Article 1 of the Law Amending and Supplementing a Number of Articles of the 1. The Electricity Regulatory Authority shall Electricity Law. examine the following types of contracts: a/ Electricity purchase and sale contracts

Article 25. Dual-component electricity with a definite term between electricity price generation units and electricity purchasers; To apply dual-component electricity prices support service contracts between electricity comprising capacity price and electric power generation units and electric system and market price. The Ministry of Industry and Trade shall operation units; formulate a roadmap and subjects of application b/ Electricity wholesale contracts with to be submitted to the Prime Minister for a definite term on the electricity wholesale approval. market; the Electricity Corporation’s

Article 26. Electricity generation prices and electricity purchase contracts with a definite electricity wholesale prices term. 1. Electricity generation and wholesale 2. The contents of examination comply with prices according to electricity purchase and sale Article 22 of the Electricity Law. © Vietnam Law & Legal Forum 16 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) 3. The Ministry of Industry and Trade shall Article 29. Conditions for the grant of promulgate the model contracts, the orders of electricity generation licenses examination of types of contracts prescribed in In addition to the general conditions Clause 1 of this Article, and handle contracts prescribed in Article 28 of this Decree, made in violation of regulations. organizations registering for electricity generation must satisfy the following

Article 28. General conditions for the grant, conditions: PRGL¿FDWLRQ VXSSOHPHQWDWLRQ RI HOHFWULFLW\ activity licenses. 1. Having feasible power plant construction investment projects conformable with the Organizations and individuals may be approved electricity development master granted electricity activity licenses and have plans. Having technical equipment, vehicles, these licenses modified or supplemented workshops and architectural works compliant when fully satisfying the following with the approved technical designs, which conditions: have been built, installed and pre-acceptance 1. Being organizations or individuals tested according to regulations. established and operating in accordance with 2. Persons directly engaged in technical law, including: management and operation possess university a/ Enterprises of all economic sectors or higher degrees in electrical engineering or established and operating under the Law on relevant technical discipline and have at least Enterprises; ¿YH \HDUV¶ ZRUNLQJ H[SHULHQFH LQ HOHFWULFLW\ b/ Cooperatives established and operating generation. Persons directly involved in under the Law on Cooperatives; operation have been trained in relevant disciplines and in safety, and trained in power c/ Business households and individuals plant and electricity market operation and having business registration certificates as JUDQWHG FHUWL¿FDWHV LQ WKH ¿HOG DFFRUGLQJ WR prescribed by law; regulations. d/ Other organizations lawfully established 3. Having an information technology and operating. infrastructure system, and a control, supervision 7KHLUEXVLQHVVOLQHVUHOHYDQWWRWKH¿HOGV and data collection system meeting the requested for licenses. requirements of the electric system and 3. Having valid dossiers of application for electricity market according to regulations. WKHJUDQWPRGL¿FDWLRQRUVXSSOHPHQWDWLRQRI 4. Devices subject to strict labor safety electricity activity licenses. requirements must be inspected and meet 4. Having paid fees and appraisal charges technical requirements. for the grant of electricity activity licenses 5. Having a report on assessment of according to regulations. environmental impacts and an environmental © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 17 (Công Báo nos 717-718/November 02, 2013) protection commitment paper of the electricity degrees in electrical engineering and at least generation project which have been approved ¿YH \HDUV¶ ZRUNLQJ H[SHULHQFH LQ HOHFWULFLW\ or accepted by competent state agencies in transmission. Persons directly involved in conformity with the law on environmental operation have been trained and examined in protection. the operation process and electricity safety  +DYLQJ D ¿UH SUHYHQWLRQ DQG ¿JKWLQJ regulations in accordance with law. system for the power plant which has been pre-

Article 31. Conditions for the grant of acceptance tested by competent state agencies electricity distribution licenses in accordance with law. In addition to the general conditions 7. Having a reservoir operation process for prescribed in Article 28 of this Decree, the hydropower plant which has been approved organizations registering for electricity by competent state agencies. distribution must satisfy the following 8. Legal documents on the safety of conditions: hydropower dams for hydropower plants as 1. Having technical equipment, vehicles, prescribed by law. workshops and architectural works compliant

Article 30. Conditions for the grant of with the approved technical designs, which electricity transmission licenses have been built, installed and pre-acceptance In addition to the general conditions prescribed tested according to regulations and meet in Article 28 of this Decree, organizations the requirements of operation, maintenance registering for electricity transmission must and repair of electricity distribution grids, satisfy the following conditions: transformer stations, and the accompanying 1. Having technical equipment, vehicles, V\QFKURQRXV GHYLFHV D ¿UH SUHYHQWLRQ DQG workshops and architectural works compliant ¿JKWLQJV\VWHPPHHWLQJUHTXLUHPHQWVDFFRUGLQJ with the approved technical designs, which to regulations. have been built, installed and pre-acceptance 2. Persons directly involved in technical tested according to regulations and meet the management possess university or higher requirements of operation, maintenance, repair degrees in electrical engineering and at least and examination of electricity transmission ¿YH \HDUV¶ ZRUNLQJ H[SHULHQFH LQ HOHFWULFLW\ lines, transformer stations, switching stations, distribution. Persons directly involved in reactive power compensation stations, and operation have been trained in electrical the accompanying synchronous devices in engineering or possess an electrical engineering the electricity transmission system; a fire WUDLQLQJ FHUWL¿FDWH JUDQWHG E\ D YRFDWLRQDO prevention and fighting system meeting training institution, have been examined in requirements according to regulations. the operation process and electricity safety 2. Persons directly involved in technical regulations in accordance with law, except the management possess university or higher case prescribed in Clause 3 of this Article. © Vietnam Law & Legal Forum 18 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) 3. Organizations and individuals conducting safety according to regulations. electricity distribution in rural areas must satisfy 4. Having an information technology the following conditions: Persons directly infrastructure system meeting the requirements engaged in technical management and operation of the electricity market. have been trained in electrical engineering and have at least three years’ working experience Article 33. Conditions for the grant of with power grids. Persons directly involved electricity retail licenses in electricity operation and repair have been In addition to the general conditions trained in electrical engineering or possess prescribed in Article 28 of this Decree, DQ HOHFWULFDO HQJLQHHULQJ WUDLQLQJ FHUWL¿FDWH organizations and individuals registering for granted by a vocational training institution, electricity retail activities must satisfy the have been trained and tested in electricity following conditions: safety and granted electricity safety cards in 1. Persons directly involved in electricity accordance with law. retail management possess an intermediate

Article 32. Conditions for the grant of or higher degree in electrical engineering, electricity wholesale licenses HFRQRPLFV¿QDQFHRUVLPLODUGLVFLSOLQHVDQG KDYHDWOHDVW¿YH\HDUV¶ZRUNLQJH[SHULHQFHLQ In addition to general conditions prescribed electricity trading. in Article 28 of this Decree, organizations and individuals registering for electricity 2. Persons directly involved in operation wholesale activities must satisfy the following have been trained in electrical engineering conditions: or have an electrical engineering training FHUWL¿FDWH JUDQWHG E\ D YRFDWLRQDO WUDLQLQJ 1. Persons directly involved in electricity institution and have been trained in electricity wholesale business management possess safety according to regulations. a university or higher degree in electrical 3. Having an information technology engineering, economics, finance or similar infrastructure system meeting the requirements GLVFLSOLQHVDQGKDYHDWOHDVW¿YH\HDUV¶ZRUNLQJ of the electricity market. experience in electricity trading. 2. Technical managers possess a university or Article 34. Conditions for the grant of higher degree in electrical engineering and have electricity import or export licenses at least three years’ working experience with Organizations registering for the electricity power grids at corresponding voltage levels. purchase and sale with foreign countries must 3. Persons directly involved in operation satisfy the general conditions prescribed in have been trained in electrical engineering Article 28 of this Decree and the following or have an electrical engineering training conditions: FHUWL¿FDWH JUDQWHG E\ D YRFDWLRQDO WUDLQLQJ 1. The electricity purchase and sale with institution and have been trained in electricity foreign countries have been approved in © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 19 (Công Báo nos 717-718/November 02, 2013) principle according to Article 22 of this electric systems, economics-finance and Decree. environment. 2. The plan on electricity purchase and sale 3. Key consultants possess a university or with foreign countries has been appraised by the higher degree in electrical engineering, energy Electricity Regulatory Authority of Vietnam. HFRQRPLFV HFRQRPLFV RU ¿QDQFH RU VLPLODU GLVFLSOLQH KDYH DW OHDVW ¿YH \HDUV¶ ZRUNLQJ 3. Persons directly involved in electricity experience in master plan consultancy and business management possess a university have been involved in formulating at least or higher degree in electrical engineering, one national electricity development master HFRQRPLFVDQG¿QDQFHRUVLPODUGLVFLSOLQHVDQG plan. KDYHDWOHDVW¿YH\HDUV¶ZRUNLQJH[SHULHQFHLQ electricity purchase and sale. 4. In addition to the conditions prescribed in Clause 3 of this Article, key consultants acting as 4. Persons directly involved in technical major consultants must have worked as heads of management possess a university or higher projects or taken charge of formulating at least degree in electrical engineering or relevant one provincial-level electricity development GLVFLSOLQHVDQGKDYHDWOHDVW¿YH\HDUV¶ZRUNLQJ master plan. experience in electricity distribution and business. 7KHQXPEHUVRINH\FRQVXOWDQWVLQVSHFL¿F SURIHVVLRQDO¿HOGVDUHDVIROORZV

Article 35. Conditions for the grant of a/ Five or more experts, including at least national electricity development master plan one major consultant, in electric load demand consultancy licenses forecasting; In addition to the general conditions b/ Eight or more experts, including at prescribed in Article 28 of this Decree, least one major consultant, in calculation, organizations registering for national electricity optimal analysis of electricity source and grid development master plan consultancy activities development; must satisfy the following conditions: c/ Five or more experts, including at least 1. Being specialized consultancy RQH PDMRU FRQVXOWDQW LQ HFRQRPLFV¿QDQFH organizations with professional capacity of and investment; planning primary energy forms, forecast of demands, research and analysis of consumption d/ Two or more experts, including at least markets, calculation and optimal analysis one major consultant, in technology and of plans on the electricity system, technical environment. analysis of the electricity system operation and 6. Having necessary technical facilities and HFRQRPLFDQG¿QDQFLDODQDO\VLVRISURMHFWV means and application software meeting the 2. Having a team of key and other consultants requirements of formulating national electricity having experience in types of power plants, development master plans. © Vietnam Law & Legal Forum 20 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013)

Article 36. Conditions for the grant of a/ Three or more experts, including at least provincial-level electricity development master one major consultant, in electric load demand plan consultancy licenses. forecasting; In addition to the general conditions b/ Five or more experts, including at prescribed in Article 28 of this Decree, least one major consultant, in calculation organizations registering for provincial- and optimal analysis of electric system and level electricity development master plan technology; consultancy activities must satisfy the following c/ Two or more experts, including at least conditions: RQH PDMRU FRQVXOWDQW LQ HFRQRPLFV¿QDQFH 1. Being specialized consultancy and investment. organizations with professional capacity of 6. Having necessary technical facilities and planning development of power grids, study means and application software meeting the and forecast of load, calculation and optimal requirements of formulating provincial-level analysis of transmission and distribution electricity development master plans. QHWZRUNVDQGHFRQRPLFDQG¿QDQFLDODQDO\VLV of projects. Article 37. Conditions for the grant of hydropower master plan consultancy 2. Having a team of key and other licenses consultants having experiences in forecasting load, power grid structure and operation In addition to the general conditions UHJLPH DQG HFRQRPLF DQG ¿QDQFLDO DQDO\VLV prescribed in Article 28 of this Decree, of projects. organizations registering for hydropower 3. Key consultants possess a university or master plan consultancy activities must satisfy higher degree in electrical engineering, energy the following conditions: HFRQRPLFV HFRQRPLFV RU ¿QDQFH RU VLPLODU 1. Being specialized consultancy GLVFLSOLQHV KDYH DW OHDVW ¿YH \HDUV¶ ZRUNLQJ organizations with professional capacity in experience in master plan consultancy and hydropower works, hydrology, hydropower, have been involved in formulating at least engineering geology, hydropower construction one provincial-level electricity development DQGRWKHU¿HOGVUHODWHGWRWKHIRUPXODWLRQRI master plan. hydropower master plans. 4. In addition to the conditions prescribed 2. Having a team of key and other in Clause 3 of this Article, key consultants consultants having experience in hydrology, acting as major consultants have been involved hydropower works, engineering geology, in formulating at least three provincial-level hydropower and hydropower construction. electricity development master plans. 3. Key consultants possess a university 7KHQXPEHUVRINH\FRQVXOWDQWVLQVSHFL¿F or higher degree in electrical engineering, SURIHVVLRQDO¿HOGVDUHDVIROORZV hydropower or similar disciplines, have at © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 21 (Công Báo nos 717-718/November 02, 2013) OHDVW¿YH\HDUV¶ZRUNLQJH[SHULHQFHLQPDVWHU Power plan consultancy and have been involved in Hydro- Thermal lines and formulating at least one hydropower master power power transformer plan. stations 4. The numbers of key consultants in Over Over 300 SURIHVVLRQDO¿HOGVDUHDVIROORZV Grade 1 Over 220 kV 300 MW MW a/ Two or more experts, in hydropower and Up to Up to hydrology; Grade 2 Up to 220 kV 300 MW 300 MW b/ Two or more experts, in energy Up to economics; Grade 3 Up to 110 kV 100 MW c/ Three or more experts, in hydraulic power Up to 30 and hydropower works; Grade 4 Up to 35 kV MW d/ Two or more experts, in geology and geo-technics; 'HSHQGLQJ RQ SURIHVVLRQDO TXDOL¿FDWLRQV and capacity, the organizations providing dd/ One or more experts, in structure; consultancy on power works construction e/ One or more experts, in the organization investment may register one or many activities: of construction. formulation of investment projects, base 5. Having necessary technical equipment designs, technical designs, and construction and facilities and application software meeting technical designs, and bidding for hydropower the requirements of formulating hydropower and thermal power plant works, power lines master plans. and transformer stations. 3. Power plants using renewable energy

Article 38.&ODVVL¿FDWLRQRIJUDGHVRISRZHU according to the principle of using water, works construction investment and supervision wind and solar energy are classified and consultancy apply conditions for the grant of power works  &RQGLWLRQV IRU RSHUDWLQJ LQ WKH ¿HOGV construction investment and supervision of construction investment and supervision consultancy licenses which are similar to those consultancy of power works only apply to work applicable to hydropower plants. items directly related to electrical engineering, 4. Power plants using renewable energy while construction-related work items comply according to the principle of transformation with the law on construction. IURPWKHUPDOHQHUJ\DUHFODVVL¿HGDQGDSSO\ 2. The classification table of grades of conditions for the grant of power work electricity source and grid works for use in construction investment and supervision power works construction investment and consultancy licenses applicable to thermal supervision consultancy: power plants. © Vietnam Law & Legal Forum 22 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013)

Article 39. Conditions for the grant of hydropower plant projects of equivalent hydropower plant construction investment capacity or have been involved in designing consultancy licenses at least three hydropower plant projects of In addition to the general conditions equivalent capacity. prescribed in Article 28 of this Decree, 5. Having necessary technical facilities organizations registering for consultancy and means and application software for activities for hydropower plant construction hydropower plant investment and construction investment must satisfy the following consultancy. conditions: 6. The numbers of key consultants in grades 1. Being specialized consultancy of hydropower works are as follows: organizations with professional capacity in D)RUJUDGH7ZHQW\¿YHRUPRUHH[SHUWV technology, hydropower plants, technical, including at least one major consultant; HFRQRPLF DQG ¿QDQFLDO DQDO\VLV RI SURMHFWV b/ For grade 2: Twenty or more experts, assessment of environmental impacts. including at least one major consultant; 2. Having a team of key and other c/ For grade 3: Fifteen or more experts, consultants having experiences in hydropower including at least one major consultant; work equipment, electrical equipment, water d/ For grade 4: Ten or more experts, treatment, automatic control, hydropower including at least one major consultant. works, hydrology, hydropower, meteo- hydrology, engineering geology, geo-technics, Article 40. Conditions for the grant of structure, organization of construction of thermal power plant construction investment K\GURSRZHUSODQWVDQGRWKHU¿HOGVUHODWHGWR consultancy licenses types of hydropower plants. In addition to the general conditions 3. Key consultants possess a university prescribed in Article 28 of this Decree, or higher degree in electrical engineering, organizations registering for thermal power hydropower, irrigation, geology, environment, plant construction investment consultancy must economics, finance or similar disciplines, satisfy the following conditions: KDYHDWOHDVW¿YH\HDUV¶ZRUNLQJH[SHULHQFHLQ 1. Being specialized consultancy organizations consultancy, have been involved in designing with professional capacity in thermal power at least one hydropower plant project of plant technology and works, technical, economic equivalent capacity, and possess a relevant DQG¿QDQFLDODQDO\VLVRISURMHFWVDQGDVVHVVPHQW FRQVWUXFWLRQSUDFWLFHFHUWL¿FDWH of environmental impacts. 4. In addition to the conditions prescribed 2. Having a team of key and other consultants in Clause 3 of this Article, key consultants having experiences in boilers, turbines, acting as major consultants have worked as generators, electrical equipment, automatic heads of projects or taken charge of designing control, engineering geology, geo-technics, © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 23 (Công Báo nos 717-718/November 02, 2013) structure, organization of construction of organizations registering for consultancy WKHUPDOSRZHUSODQWVDQGRWKHU¿HOGVUHODWHG activities for power line and transformer station to types of thermal power plants. work construction investment must satisfy the following conditions: 3. Key consultants possess a university or higher degree in electrical engineering, thermal 1. Being specialized consultancy power, geology, economics, environment, organizations with professional capacity in ¿QDQFHRUVLPLODUGLVFLSOLQHVKDYHDWOHDVW¿YH work design, power line and transformer years’ working experience in consultancy, have station equipment, relay protection, automatic been involved in designing at least one thermal control, assessment of environmental impacts, power plant project with equivalent capacity, DQGHFRQRPLFDQG¿QDQFLDODQDO\VLVRISURMHFWV and possess a relevant construction practice for power lines and transformer stations at FHUWL¿FDWH appropriate voltage levels. 4. In addition to the conditions prescribed in 2. Having a team of key and other Clause 3 of this Article, key consultants acting consultants having experiences in power as major consultants must have worked as heads lines, electrical equipment, automatic control, of projects or taken charge of designing thermal relay protection, project finance, geology, power plant projects with equivalent capacity construction, organization of construction of or have involved in designing at least three power lines and transformer stations. thermal power plant projects with equivalent 3. Key consultants possess a university capacity. or higher degree in electrical engineering, electric system, technical electricity, electrical 5. Having necessary technical facilities and equipment, automation, environment, economics, means and application software for thermal ¿QDQFHRUVLPLODUGLVFLSOLQHVKDYHDWOHDVW¿YH power plant work investment and construction years’ working experience in consultancy, have consultancy. been involved in implementing at least one 6. The numbers of key consultants in grades power line and transformer station project at of thermal power works are as follows: equivalent voltage level, and possess a relevant a/ For grade 1: Twenty or more experts, FRQVWUXFWLRQSUDFWLFHFHUWL¿FDWH including at least one major consultant; 4. In addition to the conditions prescribed b/ For grade 2: Ten or more experts, in Clause 3 of this Article, key consultants including at least one major consultant. acting as major consultants have worked as heads of projects, taken charge of implementing

Article 41. Conditions for the grant of power line and transformer station projects power line and transformer station construction at equivalent voltage levels or have been investment consultancy licenses involved in designing at least three power line In addition to the general conditions and transformer station projects at equivalent prescribed in Article 28 of this Decree, voltage levels. © Vietnam Law & Legal Forum 24 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) 5. Having necessary technical facilities economics, finance or similar disciplines, and means and application software for power KDYHDWOHDVW¿YH\HDUV¶ZRUNLQJH[SHULHQFHLQ line and transformer station investment and consultancy, have been involved in supervising construction consultancy. the construction of at least one hydropower 6. Having a number of key consultants plant of equivalent capacity, and possess a according to the following grades of power hydropower work construction supervision lines and transformer stations: SUDFWLFHFHUWL¿FDWH a/ For grade 1: Twenty or more experts, 4. In addition to the conditions prescribed including at least one major consultant; in Clause 3 of this Article, key consultants b/ For grade 2: Fifteen 15 or more experts, acting as major consultants have experience including at least one major consultant; and have taken charge of supervising the construction of at least one hydropower plant c/ For grade 3: Ten or more experts, of equivalent capacity or have been involved including at least one major consultant; in supervising the construction of at least d/ For grade 4: Five or more experts, three hydropower plant projects of equivalent including at least one major consultant. capacity.

Article 42. Conditions for the grant of 5. Having necessary technical facilities and hydropower plant construction supervision means and application software for supervising consultancy licenses the construction of hydropower plants. In addition to the general conditions 6. The numbers of key consultants prescribed in Article 28 of this Decree, according to grades of hydropower works are organizations registering for hydropower plant as follows: construction supervision consultancy must a/ For grade 1: Twenty or more experts, satisfy the following conditions: including at least one major consultant; 1. Being specialized consultancy b/ For grade 2: Seventeen or more experts, organizations with professional capacity in including at least one major consultant; hydropower plant technology and works. c/ For grade 3: Twelve or more experts, 2. Having a team of key and other including at least one major consultant; consultants having experiences in hydropower d/ For grade 4: Eight or more experts, work equipment, electrical equipment, water including at least one major consultant. treatment, automatic control, hydropower works, hydrology, hydropower, engineering Article 43. Conditions for the grant of geology, hydropower construction and other thermal power plant construction supervision ¿HOGVUHODWHGWRK\GURSRZHUSODQWV consultancy licenses 3. Key consultants possess a university In addition to the general conditions or higher degree in electrical engineering, prescribed in Article 28 of this Decree, © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 25 (Công Báo nos 717-718/November 02, 2013) organizations registering for thermal power according to grades of thermal power works plant construction supervision consultancy are as follows: must satisfy the following conditions: a/ For grade 1: Twenty or more experts, 1. Being specialized consultancy including at least one major consultant; organizations with professional capacity in b/ For grade 2: Fifteen or more experts, thermal power plant technology and works. including at least one major consultant. 2. Having a team of key and other Article 44. Conditions for the grant of consultants having experiences in boilers, power line and transformer station construction turbines, generators, electrical equipment, supervision consultancy licenses automatic control, engineering geology, In addition to the general conditions WKHUPDO SRZHU FRQVWUXFWLRQ DQG RWKHU ¿HOGV prescribed in Article 28 of this Decree, related to types of thermal power plants. organizations registering for power line and 3. Key consultants possess a university or transformer station construction supervision higher degree in electrical engineering, geology, consultancy must satisfy the following HFRQRPLFV¿QDQFHRUVLPLODUGLVFLSOLQHVKDYH conditions: at least five years’ working experience in 1. Being specialized consultancy consultancy, have been involved in supervising organizations with professional capacity in the construction of at least one hydropower power line and transformer station technology plant work of equivalent capacity, possess a and works. thermal power work construction supervision SUDFWLFHFHUWL¿FDWH 2. Having a team of key and other consultants having experience in power lines, electrical 4. In addition to the conditions prescribed equipment, automatic control, relay protection in Clause 3 of this Article, key consultants and organization of construction. acting as major consultants have taken 3. Key consultants possess a university charge of supervising the construction or higher degree in electrical engineering, of at least one thermal power plant of automation, economics, finance or similar equivalent capacity or have been involved in GLVFLSOLQHV KDYH DW OHDVW ¿YH \HDUV¶ ZRUNLQJ supervising the construction of at least three experience in consultancy, have been involved thermal power plant projects of equivalent in supervising the construction of at least one capacity. power line and transformer station at equivalent 5. Having necessary technical facilities voltage level, and possess power line and and means and application software for transformer station construction supervision supervising the construction of thermal power FHUWL¿FDWH plants. 4. In addition to the conditions prescribed 6. The numbers of key consultants in Clause 3 of this Article, key consultants © Vietnam Law & Legal Forum 26 Issue nos 04-05/November 2013 (Công Báo nos 717-718/November 02, 2013) acting as major consultants have taken charge related to power transmission and distribution. of supervising the construction of power lines 7KHPRGL¿FDWLRQDQGVXSSOHPHQWDWLRQPXVW and transformer stations at equivalent voltage conform with licensed units’ capacity. levels or have been involved in supervising

Article 46. Revocation of electricity activity the construction of at least three power lines licenses and transformer stations at equivalent voltage levels. 1. Organizations and individuals will have their electricity activity licenses revoked in the 5. Having necessary technical facilities and cases prescribed in Article 37 of the Electricity means and application software for supervising Law. the construction of power lines and transformer stations. 2. Upon revocation of electricity activity licenses, competent agencies shall determine 6. The numbers of key consultants according the time limit for electricity units to resume to grades of power lines and transformer operation so as not to affect electricity stations: supply. a/ For grade 1: Twenty or more experts, including at least one major consultant; :LWKLQGD\VIURPWKHGDWHWKHLUOLFHQVHV are revoked, electricity units have the right to b/ For grade 2: Fifteen or more experts, complain with competent state agencies about including at least one major consultant; the revocation. c/ For grade 3: Ten or more experts, including at least one major consultant; Article 47. Fees and appraisal charges for the grant of electricity activity licenses d/ For grade 4: Five or more experts, including at least one major consultant. 1. Organizations and individuals that are granted electricity activity licenses shall:

Article 45.0RGL¿FDWLRQDQGVXSSOHPHQWDWLRQ a/ Pay a fee for the grant of electricity of electricity activity licenses activity licenses; (OHFWULFLW\DFWLYLW\OLFHQVHVPD\EHPRGL¿HG b/ Pay an appraisal charge for the grant of and supplemented in the following cases: electricity activity licenses. a/ At the request of licensed organizations 2. The Ministry of Finance shall detail the or individuals when there is a change in one rates, collection, payment, management and use of the contents of their electricity activity of fees and appraisal charges for the grant of licenses. electricity activity licenses prescribed in Clause b/ In necessary cases, for the purpose 1 of this Article. of protecting socio-economic interests and public welfare, licensing agencies may modify Article 48. Regulation of electricity and supplement electricity activity licenses activities © Vietnam Law & Legal Forum Issue nos 04-05/November 2013 27 (Công Báo nos 717-718/November 02, 2013) 1. Contents of regulation of electricity 2. The Government’s Decree No. 105/2005/ activities comply with Clause 1, Article 66 of ND-CP of August 17, 2005, detailing a number the Electricity Law and Clause 23, Article 1 of articles of the Electricity Law, ceases to of the Law Amending and Supplementing a be effective from the effective date of this Number of Articles of the Electricity Law. Decree. 2. The Electricity Regulatory Authority of Article 52. Implementation responsibilities Vietnam assists the Minister of Industry and 1. The Minister of Industry and Trade shall Trade in implementing contents of regulation guide the implementation of articles and clauses of electricity activities. The Minister of in the Electricity Law, the Law Amending and Industry and Trade shall submit to the Supplementing a number of Articles of the 3ULPH 0LQLVWHU VSHFL¿F UHJXODWLRQV RQ WKH Electricity Law and this Decree as assigned; and organizational structure, functions, tasks and guide other necessary contents of this Decree to powers of the Electricity Regulatory Authority meet state management requirements. of Vietnam. 2. Ministers, heads of ministerial-level and

Article 49. Inspection of electricity activities government-attached agencies, chairpersons and use of provincial-level People’s Committees and related organizations and individuals shall 1. The Ministry of Industry and Trade shall implement this Decree.- stipulate contents, competence, order and procedures for the inspection and settlement of On behalf of the Government disputes in electricity activities and use. Prime Minister 2. The Electricity Regulatory Authority NGUYEN TAN DUNG of Vietnam and provincial-level People’s Committees shall inspect, supervise and handle violations in electricity activities and use according to their competence. Provincial-level 3HRSOH¶V &RPPLWWHHV VKDOO DUUDQJH VXI¿FLHQW human resources for the inspection of local electricity activities and use. 3. Electricity units shall examine the observance of regulations on electricity use and electricity work and grid safety protection.

Article 50. Effect 1. This Decree takes effect on December 10, 2013. © Vietnam Law & Legal Forum