Can decommissioned equipment be terminated to calculate damages in case of electricity theft in Vietnam?

Can decommissioned equipment be terminated to calculate damages in case of electricity theft in Vietnam? How long is number of days to calculate compensation for damage caused by electricity theft in Vietnam? 

My younger brother learned on tik tok how to hook electricity and was discovered by the electricity company. When discovered, the electricity company makes a record of punishment and statistics on equipment that has stopped being used and multiplies the total equipment by 6 hours. Please ask, is it reasonable to calculate the amount of electricity to be fined based on the total equipment including equipment that is out of use and where is the base number of 6 hours?

Can decommissioned equipment be terminated to calculate damages in case of electricity theft in Vietnam?

Pursuant to Clause 2, Article 32 of Circular 27/2013/TT-BCT stipulating compensation for damages in case of electricity theft as follows:

2. The method for determining the used power output (ASD) is as follows :

a) The method for determining the used power output is based on the tested error of electric meter.

Where the offending party uses the unique way as the intervention which causes the error of electric meter for electricity theft and this error is determined by the inspection. The used power output is calculated based on the highest number of error of electric meter determined by the independent inspection Agency and applied by the following formula:

s: Greatest error in the tested errors of electric meter (calculated by %);

Abqn: Daily power output is equal to the daily average used power of invoice period with the highest daily average power during the period of violation.

Where the time of violation cannot be determined, the period of violation is calculated from the last date of inspection or the last time of replacement, repair or periodical testing of power metering system until the detection but not exceeding 12 months.

n: Number of days calculated for compensation (day).

b) The method for determining the used power output for other ways of electricity theft or the method specified under Point a of this Clause cannot be applied.

Step 1: Determining the capacity

Based on the actual inspection to determine the highest capacity number among the capacity numbers possibly determined by the following ways:

Way 1: Total capacity metered by the time of inspection and detection of violation.

Way 2: Highest capacity in the load diagram registered in the electricity sale contract.

Way 3: Capacity of power consuming devices in the list of device capacity registered in the electricity sale contract (for the electricity sale contract in service of production, business and services).

Way 4: Capacity of power consuming devices specified in the record of inspection (the capacity on the device label of the manufacturer can be referred to).

Step 2: Determining the capacity

- In case of determining the capacity by way 1 or way 2, apply the method for calculating the used power output as follows:

ASD = P x ttb x n

In which:

P: Total capacity (kW) metered at the time of inspection and detection of violation or the highest capacity (kW) in the load capacity registered in the electricity sale contract.

ttb: Daily average use time of all power consuming devices (h/day) is determined based on the record of inspection or the registered load diagram. In case of failure to determine the daily average use time, apply the provisions in Section 10 of Appendix 2 issued with this Circular.

n: Number of days calculated for compensation (day).

- In case of determining the capacity by way 3 or 4, apply the formula to calculate the power output as follows:

ASD = (P1 x t1 + P2 x t2 +….+ Pi x ti ) x n

In which:

P1, P2, …Pi: Capacity (kW) of each power consuming device specified in the list of device capacity registered in the electricity sale contract or the capacity (kW) of each power consuming device specified in the record of inspection.

t1, t2, …ti: Daily use time of each device (h/day) is determined based on the record of inspection. In case of failure to determine the daily average use time, apply the provisions in Section 10 of Appendix 2 issued with this Circular.

n: Number of days calculated for compensation (day).

- For organizations and individuals using electricity for living, the way of calculation based on the invoice of electricity bill may be applied by the following formula

ASD = Abqn x n

In which:

Abqn: Daily power output is equal to the daily average used power of the invoice period with the highest daily average power output within a preceding period of 12 months.

n: Number of days calculated for compensation (day).

According to this Article, the capacity used to calculate compensation for damages due to electricity theft is calculated according to the capacity (kW) of each electricity-using device in the list of equipment capacity registered in the electricity purchase contract or the capacity (kW) of each electricity consuming device recorded in the Inspection Minutes in Vietnam.

Thus , it is reasonable for the electricity party to make a record of equipment that is out of use if these equipment have been registered in the electricity purchase contract or the capacity of each electricity consuming equipment is recorded in the Inspection Minutes in Vietnam.

Regarding the daily usage time of each device (h/day), determined based on the Inspection Minutes; If it cannot be determined, the provisions in Appendix 2 issued with this Circular shall apply. According to this regulation, the electricity party can base on the usage time in the Inspection Minutes or if it cannot be determined, then rely on Appendix 2. In Appendix 2, there is a regulation: "The total average usage time of the equipment Electricity (contb) of family activities is 6 hours/day. Thus, the use of 6 hours/day has a basis if it cannot be determined based on the Inspection Minutes.

Can decommissioned equipment be terminated to calculate damages in case of electricity theft in Vietnam? (Image from the Internet)

How long is number of days to calculate compensation for damage caused by electricity theft in Vietnam? 

Pursuant to Clause 3, Article 32 of Circular 27/2013/TT-BCT, regulations on compensation for damages in case of electricity theft are as follows:

3. A number of days calculated for compensation (n) specialized in Clause 2 of this Article is determined as follows:

a) To be calculated from the date of acts of violation until the detection, except for the power supply downtime and time of power use stoppage with reasons.

b) In case of impossible determination as stipulated under Point a of this Clause, a number of days calculated for compensation is from the last date of electricity inspection or from the time of replacement, repair or periodical testing of power metering system until the detection but not exceeding 12 months, except for the power supply downtime and time of power use stoppage with reasons.

c) For cases of electricity theft in the form of using magnet or direct hook, a number of days calculated for compensation is 12 months days of the month, except for the power supply downtime and time of power use stoppage with reasons.

4. In addition to making compensation to the aggrieved party with a value of lost power output due to electricity theft, the offending party must bear the costs of repair, assessment, calibration or compensation of value of metering device or system which is damaged by its acts of violation.

Best regards!

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