Vietnam: What is the administrative fine imposed on electricity distributing units and electricity retailers arbitrarily suspending the domestic electricity supply? In what cases do electricity distributing units and electricity retailers have the right to suspend the domestic electricity supply?
- What is the administrative fine imposed on electricity distributing units and electricity retailers arbitrarily suspending the domestic electricity supply in Vietnam?
- In what cases do electricity distributing units and electricity retailers in Vietnam have the right to suspend the domestic electricity supply?
- What are the prohibited acts in electricity activities and electricity use in Vietnam?
What is the administrative fine imposed on electricity distributing units and electricity retailers arbitrarily suspending the domestic electricity supply in Vietnam?
Pursuant to Point b Clause 7 Article 11 of Decree 134/2013/ND-CP (amended by Clause 14 Article 2 of Decree 17/2022/ND-CP) as follows:
Article 11. Violation of regulations on electricity retail
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7. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed on Electricity retailers which:
a) Sell electricity at a price not regulated by the authorities;
b) Fail to exercise the right to suspend or reduce electricity supply; fail to notify or fail to implement the notice in accordance with Regulations on procedures for suspending, and reducing electricity supply issued by the Ministry of Industry and Trade;
At the same time, pursuant to Point dd Clause 4 Article 9 of Decree 134/2013/ND-CP (amended by Clause 12 Article 2 of Decree 17/2022/ND-CP) as follows:
Article 9. Violation of regulation on electricity distribution
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4. A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed on Electricity distributing units which:
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dd) Fail to exercise the right to suspend or reduce electricity supply; fail to notify or fail to implement the notice in accordance with Regulations on procedures for suspending, reducing electricity supply issued by Ministry of Industry and Trade;
According to the following regulations, depending on the violations, the domestic electricity distributing units and electricity retailers will face the following penalties:
- A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed on electricity retailers cutting off domestic electricity without giving notice or improperly performing notice contents.
- A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed on domestic electricity distributing units failing to notify or improperly performing the notice contents.
Note, the above administrative fine only applies to individuals. In the case of organizations, the administrative fine shall be doubled.
In what cases do electricity distributing units and electricity retailers in Vietnam have the right to suspend the domestic electricity supply?
Pursuant to Article 14 of Decree 137/2013/ND-CP as follows:
Stop or reducion of electricity supply level
1. The electricity seller may stop or reduce the electricity supply level in the following cases:
a) Stop and reduction of electricity supply level as prescribed at Article 27 of the Electricity Law;
b) The Electricity purchaser commits violations of provisions at Clauses 1, 4, 5, 6, 7 and 8 Article 7 of the Electricity Law;
c) At the request of competent state agencies in case where organizations or individuals violate provisions of the Electricity Law, Construction Law, law on environment protection.
2. The Ministry of Industry and Trade shall specify conditions, orders of stop or reduction of electricity supply level; cost for electricity supply again.
At the same time, pursuant to Clause 4, Article 27 of the 2004 Law on Electricity as follows:
Electricity supply cessation, reduction
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4. In cases where the electricity buyers fail to comply with the provisions at Points a and b of Clause 2, Article 46, Points b and c of Clause 2, Article 47 of this Law, the electricity sellers may cease the electricity supply to the electricity buyers.
Accordingly, if people commit the following acts, electricity distributing units and electricity retailers in Vietnam have the right to suspend the domestic electricity supply:
- Fail to pay electricity charges fully and on time and to fulfill other agreements in electricity trading contracts;
- Fail to use electricity safely, thriftily, and efficiently; to comply with regulations on management of electricity demands;
- Fail to follow the electricity-using regime at the request of the national electric system-regulating unit, to apply measures to ensure the voltage standards, electric safety, and other contents agreed upon in the electricity-trading, and electricity-transmitting contracts;
- Fail to ensure the technical standards and safety requirements of electrical appliances and connected equipment for connection to national electricity transmission grids;
- Destroy electrical equipment and facilities, electricity-measuring or counting equipment, or electricity works;
- Violate the regulations on safety in electricity generation, transmission, distribution, and use;
- Obstruct the inspection of electricity activities and use;
- Steal electricity;
- Use electricity as animal traps or protection ways unless licensed by the State to use electricity as a protection way;
- Violate the regulations on the protection of electricity grid safety corridors, on safe distances of transmission lines and transformer stations.
What are the prohibited acts in electricity activities and electricity use in Vietnam?
Pursuant to Article 7 of the 2004 Law on Electricity as follows:
- Destroy electrical equipment and facilities, electricity-measuring or counting equipment, or electricity works.
- Conduct electricity activities without permits as provided for by this Law.
- Switch on, switching off the electricity supply illegally.
- Violate the regulations on safety in electricity generation, transmission, distribution, and use.
- Obstruct the inspection of electricity activities and use.
- Steal electricity.
- Use electricity as animal traps or protection ways, except for cases prescribed in Article 59 of this Law.
- Violate the regulations on the protection of electricity grid safety corridors, on safe distances of transmission lines and transformer stations.
- Supply untruthful information, thus causing harm to the legitimate rights and interests of organizations or individuals conducting electricity activities or using electricity.
- Abuse positions and/or powers to harass for bribes, cause troubles, and earn illicit profits in electricity activities and/or electricity use.
- Other acts of violation prescribed by electricity legislation.
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