Vietnam: From June 9, 2023, what conditions must the units engaging in electricity generation, transmission or distribution meet?
- From June 9, 2023, what conditions must the units engaging in electricity generation, transmission or distribution meet?
- What are the reporting obligations of the electricity license holder from June 9, 2023?
- Is the electricity license holder responsible for bearing the inspection by competent authorities?
From June 9, 2023, what conditions must the units engaging in electricity generation, transmission or distribution meet?
Pursuant to the provisions of Clause 7 Article 14 of Circular No. 21/2020/TT-BCT (supplemented by point b, Clause 8, Article 1 of Circular No. 10/2023/TT-BCT) stipulating as follows:
Responsibility of an electricity license holder in Vietnam
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7. Before starting its commercial operation, the license holder that is an electricity generator must:
a. Units engaging in electricity generation, transmission or distribution shall comply with regulations of law on planning, land, construction, fire prevention and fighting, environment, connection and relevant laws before electricity works are put into official operation. With regard to an electricity work that is required to have a written approval for the acceptance result by a competent authority according to regulations of law on construction, the unit engaging in electricity generation, transmission, distribution shall have the written approval for the acceptance result of completion of the construction work by the competent authority according to regulations of law on construction before the electricity work is put into commercial operation or official operation.
Thus, from June 9, 2023, units engaging in electricity generation, transmission or distribution shall comply with:
- Regulations of law on planning, land, construction, fire prevention and fighting, environment, connection and relevant laws before electricity works are put into official operation.
- With regard to an electricity work that is required to have a written approval for the acceptance result by a competent authority according to regulations of law on construction, the unit engaging in electricity generation, transmission, distribution shall have the written approval for the acceptance result of completion of the construction work by the competent authority according to regulations of law on construction before the electricity work is put into commercial operation or official operation.
Vietnam: From June 9, 2023, what conditions must the units engaging in electricity generation, transmission or distribution meet?
What are the reporting obligations of the electricity license holder from June 9, 2023?
Pursuant to the provisions of Clause 11 Article 14 of Circular No. 21/2020/TT-BCT (amended point c, Clause 8, Article 1 of Circular No. 10/2023/TT-BCT) stipulating as follows:
Responsibility of an electricity license holder in Vietnam
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11. Fulfill reporting obligations. To be specific:
a) The electricity utility (or the electricity work operating and managing unit that has been authorized) shall make an annual report on performance of licensed operations in the previous year according to Form No. 4a, 4b, 4c and 4d in the Appendix enclosed herewith and send, whether in person or by post or by email, to the licensing authority and the Provincial Department of Industry and Trade.
If the report is sent to the Ministry of Industry and Trade or the Electricity Regulatory Authority by email, it shall be sent via BChoatdongdienluc@moit.gov.vn or the online public service portal of the Ministry of Industry and Trade. If the report is sent to the provincial People’s Committee or Provincial Department of Industry and Trade by email (if available), it shall be sent according to instructions of the provincial People’s Committee or Provincial Department of Industry and Trade.
If the licensing authority does not receive the report on performance of licensed operations in the previous year until the end of March 01 every year, it is determined that the electricity utility fails to submit the annual report on schedule according to the annual reporting regime
b) Submit a report, whether directly or by post, to the licensing authority at least 60 days before the planned date of suspension or transfer of licensed electricity operations;
c) Submit reports and provide adequate and accurate information at the request of the licensing authority or a competent authority.
Thus, the reporting obligations of the electricity license holder from June 9, 2023 are as follows:
- The electricity utility shall make an annual report on performance of licensed operations in the previous year and send, whether in person or by post or by email, to the licensing authority and the Provincial Department of Industry and Trade.
- If the licensing authority does not receive the report on performance of licensed operations in the previous year until the end of March 01 every year, it is determined that the electricity utility fails to submit the annual report on schedule according to the annual reporting regime.
- Submit a report, whether directly or by post, to the licensing authority at least 60 days before the planned date of suspension or transfer of licensed electricity operations;
- Submit reports and provide adequate and accurate information at the request of the licensing authority or a competent authority.
Is the electricity license holder responsible for bearing the inspection by competent authorities?
Pursuant to the provisions of Clause 8, Article 14 of Circular No. 21/2020/TT-BCT stipulating as follows:
Responsibility of an electricity license holder in Vietnam
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8. Bear the inspection of competent authorities and comply with their decisions on penalties for violations concerning the license and fulfillment of licensing requirements as prescribed by law.
According to the above provisions, the electricity license holder is responsible for bearing the inspection by competent authorities and fulfillment of licensing requirements as prescribed by law.
Circular No. 10/2023/TT-BCT takes effect from June 9, 2023.
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