What is the format of power purchase agreement serving domestic purposes in Vietnam from October 16, 2023?
- What is the format of power purchase agreement serving domestic purposes in Vietnam from October 16, 2023?
- What are the conditions for signers of power purchase agreement serving domestic purposes in Vietnam from October 16, 2023?
- Vietnam: Do electricity buyers that pay the electricity money late have to pay the interests on the late-paid sums?
What is the format of power purchase agreement serving domestic purposes in Vietnam from October 16, 2023?
The format of power purchase agreement serving domestic purposes is specified in the Appendix issued with Circular 16/2023/TT-BCT.
Below is a standard format of power purchase agreement serving domestic purposes applicable from October 16, 2023:
Download format of power purchase agreement serving domestic purposes from October 16, 2023 here.
What is the format of power purchase agreement serving domestic purposes in Vietnam from October 16, 2023?
What are the conditions for signers of power purchase agreement serving domestic purposes in Vietnam from October 16, 2023?
According to the provisions of Clause 1, Article 4, Circular 16/2023/TT-BCT stipulates the signers of domestic power purchase agreement (PPA) as follows:
Signers of domestic PPA
1. Signers of the Buyer shall be representatives of the Buyer satisfying conditions under Clause 1 Article 8 of Decree No. 104/2022/ND-CP dated December 21, 2022 of the Government and submitting application for purchase of domestic electricity in accordance with Clause 2 Article 8 of Decree No. 104/2022/ND-CP to the Seller.
...
At the same time, Article 11 of Decree 137/2013/ND-CP is amended and supplemented by Clauses 1 and 2, Article 8 of Decree 104/2022/ND-CP regulating electricity purchase contracts for domestic purposes as follows: after:
Contract of electricity purchase and sale in serve of daily-life purpose
1. Conditions for signing contract of electricity purchase and sale in serve of daily-life purpose
a) The electricity purchaser must have active legal capacity as per the law, have a request for electricity purchase and residence information of the household where the electricity is purchased or supporting documents of ownership, management and use of place where the electricity is purchased;
1a. Application for purchase of electricity for daily living of the purchaser in paper or electronic form, containing; Application form for electricity purchase and one of the following documents:
a) Citizen identity card, identification card, certification 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 Contract.
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 right (on land with houses); 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 register for electricity purchase and only sign 01 Contract.
...
Accordingly, people who are signers of domestic PPA must:
- have active legal capacity as per the law;
- have a request for electricity purchase;
- have residence information of the household where the electricity is purchased or supporting documents of ownership, management and use of place where the electricity is purchased.
Vietnam: Do electricity buyers that pay the electricity money late have to pay the interests on the late-paid sums?
According to Article 23 of the Law on Electricity 2004 as amended by Clause 9, Article 1 of the Law on amending and supplementing a number of articles of the Electricity Law 2012 as follows:
Electricity money payment
1. The electricity buyers must pay fully and on time the billed electricity money to the electricity sellers according to the electricity price tables already approved by competent state bodies. The electricity money shall be paid at the headquarters or residence places of the electricity buyers or at convenient places agreed upon by the two parties in the electricity purchase and sale contracts.
2. The electricity buyers that pay the electricity money late must also pay the interests on the late-paid sums to the electricity sellers.
3. The electricity sellers that collect the electricity money in surplus must reimburse to the electricity buyers the surplus amounts plus the interests thereon.
4. The interests on the late-paid amounts or the excessively-collected amounts shall be agreed upon by the parties in the contracts, which, however, must not exceed the highest lending interest rates of the banks where the electricity sellers open their accounts, as inscribed in the contracts at the time of payment.
...
Accordingly, The electricity buyers that pay the electricity money late must also pay the interests on the late-paid sums to the electricity sellers.
The interests on the late-paid amounts or the excessively-collected amounts shall be agreed upon by the parties in the contracts, which, however, must not exceed the highest lending interest rates of the banks where the electricity sellers open their accounts, as inscribed in the contracts at the time of payment
Circular 16/2023/TT-BCT will take effect from October 16, 2023
LawNet
