File Transfer of Electricity Theft Cases to Competent Authorities for Criminal Proceeding - Required Documents
When Will Electricity Theft Be Subject to Criminal Liability?
Pursuant to Article 44 of Decree 134/2013/ND-CP which stipulates:
Transfer of Dossiers of Electricity Theft for Criminal Prosecution
1. In cases where an act of electricity theft from 20,000 kWh or more is committed, the competent authority must immediately transfer the dossier to the competent criminal procedure agency.
2. The Ministry of Industry and Trade shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Supreme People's Procuracy, and the Supreme People's Court in guiding the provisions of Clause 1 of this Article.
According to the above regulations, in cases where an act of electricity theft of 20,000 kWh or more is committed, the dossier must be immediately transferred to the competent criminal procedure agency.
What documents are included in the dossier of electricity theft transferred to the competent authority for criminal prosecution?
What Documents Are Included in the Dossier of Electricity Theft Transferred to the Competent Authority for Criminal Prosecution?
Pursuant to Clause 4, Article 20 of Circular 42/2022/TT-BTC, the dossier of electricity theft transferred to the competent authority for criminal prosecution includes:
- Document transferring the dossier of electricity theft;- Minutes of administrative violation;- Calculation of the value of stolen electricity output, illegal gains; Calculation of compensation for damage caused by electricity theft (if any);- Decision on administrative sanction (for cases where a decision on administrative sanction has been issued but signs of a crime are later discovered);- Decision to temporarily suspend the execution of the decision on administrative sanction (for cases where a decision on administrative sanction has been issued and is in execution, but signs of a crime are later discovered);- Minutes of electricity usage inspection or Minutes of working;- Minutes of electricity measurement device inspection (if any), Minutes of electricity measurement device verification (if any);- Diagram of electricity theft, photos, video recordings, electronic data recording and describing the violation (if any);- Other related documents, materials, and items.
Responsibilities of Organizations and Individuals When Inspecting and Handling Electricity Theft Acts
Pursuant to Article 18 of Circular 42/2022/TT-BTC stipulating the responsibilities of organizations and individuals when inspecting and handling acts of electricity theft as follows:
- Responsibility of the electricity seller or the electricity inspector of the electricity seller:
+ In the case of detecting acts of electricity theft and if there is an authorized person to make Minutes of administrative violation against the act of electricity theft in the inspection team or delegation, the electricity inspector of the electricity seller or the representative of the electricity seller participating in the inspection delegation is responsible for providing the dossier, materials, calculation data of stolen electricity output, the money obtained from the act of electricity theft, and the illegal gain to the authorized person making the Minutes of administrative violation who is handling the case;
+ In the case of detecting signs of electricity theft and if there is no authorized person to make Minutes of administrative violation against the act of electricity theft in the inspection team or delegation, the electricity seller or the electricity inspector of the electricity seller is responsible for transferring the minutes of electricity usage inspection, dossier, materials, calculation data of stolen electricity output, the money obtained from the act of electricity theft, and the illegal gain, as well as all related items and vehicles to the authorized person for administrative sanction to handle the case.
- During the inspection, if an act of electricity theft is detected or after the inspection is concluded, based on the Working Minutes or the Minutes of electricity usage inspection prepared and the information provided by the electricity seller regarding the dossier, materials, and calculation data of stolen electricity, the authorized person for making Minutes of administrative violation in the electricity sector is responsible for:
+ Determining the stolen electricity output and the money obtained from the act of electricity theft;
+ Making the Minutes of administrative violation regarding the act of electricity theft at the time of inspection or after receiving the dossier of the case with signs of electricity theft transferred by the electricity unit (including cases where the value of the stolen electricity output is from 2,000,000 VND or more) and immediately transferring to the authorized person for administrative sanction for review and handling according to legal regulations.
- Responsibility of the authorized person for administrative sanction handling the case:
+ Considering the decision to temporarily seize items and vehicles violating the regulation (if any);
+ Considering and issuing the decision on administrative sanction according to legal regulations or transferring the dossier of the violation case;
+ Notifying in writing to the electricity seller to immediately stop providing electricity but not exceeding 24 hours from the time of receiving the Minutes of administrative violation.
Circular 42/2022/TT-BCT will come into effect on February 16, 2023.
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