In what cases is the electricity inspection in Vietnam carried out without the presence of representative of the inspected entities?
- Does the electricity inspection in Vietnam require the presence of representative of the inspected entities?
- In what cases is the electricity inspection in Vietnam carried out without the presence of representative of the inspected entities?
- How many forms of electricity inspection in Vietnam are there?
Does the electricity inspection in Vietnam require the presence of representative of the inspected entities?
Pursuant to Article 11 of Circular No. 42/2022/TT-BCT stipulating as follows:
General regulations on inspection operation of Electricity inspector
1. Planned inspection must be approved by heads of inspecting entities or superior entities on an annual basis; annual inspection plan can be adjusted to meet implementation situation.
2. Electricity inspectors shall only carry out inspections when they are assigned to do so. If Electricity inspectors discover signs of violations beyond the scope of their assigned tasks, Electricity inspectors must promptly report to persons in charge in order to adopt appropriate form of inspection.
3. Upon carrying out inspection, inspecting entities must establish inspection team or inspectorate which contains at least 3 members, including the chief or deputy chief of inspectorate (with decision on inspection or written assignment of tasks, except for the case of irregular inspection where decision on inspection and written assignment of tasks are not required); and at least 1 Electricity inspector. The Electricity inspector is responsible for presenting his/her Electricity inspector card to the inspected entities and notifying the inspected entities of the inspection details.
4. The inspection must be carried out in the presence of representative of the inspected entities, except for cases under Point b Clause 1 Article 9 hereof.
If the inspection requires the presence of representative of the inspected entities who is absent, the inspected entities must assign at least 1 witness with full legal capacity or representative of the local authority or police authority to observe the inspection.
5. Electrical measuring instruments used by inspecting entities for the purpose of inspection must be evaluated and calibrated as per the law.
6. If entering electricity user’s property to inspect electricity use from 10 p.m. to 6 a.m. the following day is required, inspecting entities must cooperate with local authority or police authority in observing the inspection and inspecting in accordance with this Circular.
Thus, the inspection must be carried out in the presence of representative of the inspected entities, except for cases under Point b Clause 1 Article 9 of Circular No. 42/2022/TT-BCT.
If the inspection requires the presence of representative of the inspected entities who is absent, the inspected entities must assigns at least 1 witness with full legal capacity or representative of the local authority or police authority to observe the inspection.
In what cases is the electricity inspection in Vietnam carried out without the presence of representative of the inspected entities? (Image from the Internet)
In what cases is the electricity inspection in Vietnam carried out without the presence of representative of the inspected entities?
Pursuant to Clause 4, Article 11 of Circular No. 42/2022/TT-BCT stipulating as follows:
General regulations on inspection operation of Electricity inspector
…
4. The inspection must be carried out in the presence of representative of the inspected entities, except for cases under Point b Clause 1 Article 9 hereof.
If the inspection requires the presence of representative of the inspected entities who is absent, the inspected entities must assign at least 1 witness with full legal capacity or representative of the local authority or police authority to observe the inspection.
Referring to Clause 1, Article 9 of Circular No. 42/2022/TT-BCT stipulating as follows:
Inspection forms
Inspection of electricity operations and electricity use carried out by competent authorities specializing in the field of electricity and inspection of electricity use, safety assurance of electric utilities and electrical grids carried out by Electricity inspectors shall be carried out as follows:
1. A planned inspection means an inspection carried out according to plan approved on an annual basis by heads of inspecting entities or superior authority, including:
a) Inspection in which the inspected party is informed of the inspection;
b) Regular inspection of an electricity unit in which they inspect property (electric utilities, electrical grids, and other equipment) under their ownership or management or use.
Thus, in case the inspection does not require the presence of the involved parties when conducting the electricity inspection in the form of regular inspection of an electricity unit in which they inspect property under their ownership or management or use.
How many forms of electricity inspection in Vietnam are there?
Pursuant to Article 9 of Circular No. 42/2022/TT-BCT stipulating as follows:
Inspection forms
Inspection of electricity operations and electricity use carried out by competent authorities specializing in the field of electricity and inspection of electricity use, safety assurance of electric utilities and electrical grids carried out by Electricity inspectors shall be carried out as follows:
1. A planned inspection means an inspection carried out according to plan approved on an annual basis by heads of inspecting entities or superior authority, including:
a) Inspection in which the inspected party is informed of the inspection;
b) Regular inspection of an electricity unit in which they inspect property (electric utilities, electrical grids, and other equipment) under their ownership or management or use.
2. An irregular inspection means an inspection in which the inspected party is not informed of the inspection and is carried out in any of the following cases:
a) Competent authority requests an inspection;
b) Organizations, individuals report signs of violations in electricity operations, electricity use, safety assurance of electric utilities and electrical grids;
c) Signs of violations of the law pertaining to electricity operations, electricity use, safety assurance of electric utilities and electrical grids are found.
Thus, electricity inspection is carried out in two forms:
- Planned inspection:
+ Inspection in which the inspected party is informed of the inspection;
+ Regular inspection of an electricity unit in which they inspect property (electric utilities, electrical grids, and other equipment) under their ownership or management or use.
- Irregular inspection.
Circular No. 42/2022/TT-BCT takes effect on February 16, 2023.
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