What is calculation of term of a residential electricity purchase contract in case parties do not have a specific agreement on the term of the contract in Vietnam?

What is calculation of term of a residential electricity purchase contract in case parties do not have a specific agreement on the term of the contract in Vietnam?

In Article 5 of the Draft Circular guiding electricity purchase contracts for domestic purposes issued by the Minister of Industry and Trade, the term of domestic electricity purchase contracts has the following provisions:

Term of electricity purchase contract for domestic purposes

The term of the contract is agreed upon by both parties. In case the two parties do not specifically agree on the term of the contract, the term of the contract is calculated from the date of signing to the date the parties or one of the parties unilaterally terminates the contract according to regulations.

Thus, if the parties do not specifically agree on the term of the domestic electricity purchase contract, the term of the contract is calculated from the date of signing to the date the parties or one of them unilaterally terminates the contract according to regulations in Vietnam. 

According to the new draft, how many forms are there to express electricity purchase contracts for domestic purposes in Vietnam?

In Article 3 of the Draft Circular guiding electricity purchase contracts for domestic purposes issued by the Minister of Industry and Trade on the form of domestic electricity purchase contracts, the following provisions are provided:

Form of electricity purchase contract for domestic purposes

1. Electricity purchase contracts for domestic purposes must be expressed in writing in paper form or electronic data (for electronic data, the Electricity Buyer can look up and download at the Information Portal Electronics of the Electricity Seller). The language used in the contract is Vietnamese.

2. Electricity purchase contracts for domestic purposes must be registered and approved for application by the competent state management agency in charge of protecting consumer rights according to the provisions of the Law on Consumer Rights Protection.

3. Electricity purchase contracts for domestic purposes must comply with the form in the Appendix issued with this Circular.

Thus, the electricity purchase contract in Vietnam for daily use is expressed in the form of:

- Documents in paper form

- Or electronic data (for electronic data, the Electricity Buyer can look up and download at the Electricity Seller's Electronic Information Portal).

In case there are many households using electricity together, what information must be included in the electricity purchase contract in Vietnam?

In Article 4 of the Draft Circular guiding electricity purchase contracts for domestic purposes issued by the Minister of Industry and Trade, the subject of signing electricity purchase contracts has the following provisions:

The subject signs an electricity purchase contract for domestic purposes

1. The entity signing the contract of the Electricity Purchaser is the representative of the Electricity Purchaser who has full capacity for civil acts and has met the conditions specified in Clause 1, Article 8 of Decree No. 104/2022/ND-CP December 21, 2022 of the Government amending and supplementing a number of articles of decrees related to submitting and presenting paper household registration books and temporary residence books when carrying out administrative procedures and providing public services (hereinafter abbreviated as Decree No. 104/2022/ND-CP) and have a dossier requesting registration to buy electricity for domestic purposes specified in Clause 2, Article 8 of Decree No. 104/2022/ND-CP sent to the Electricity Seller.

2. In case the Electricity Purchaser includes many households using electricity in common and signs 01 Contract, the entity signing the contract of the Electricity Purchaser is the representative of the number of households using the same electricity that signs the contract and must comply with the provisions in Clause 1 of this Article and have Authorization document of the sharing households to sign the contract. The contract must clearly state the number of households sharing (with an attached list) and the electricity price applied according to the Regulations on implementation of electricity prices issued by the Ministry of Industry and Trade.

3. The entity signing the contract of the Electricity Seller is the legal representative or authorized representative of the electricity retailer with a distribution grid capable of providing electricity to meet the needs of the electricity buyer.

Thus, in case the Electricity Purchaser includes many households using electricity in common and signs 01 Contract, the entity signing the contract of the Electricity Purchaser is the representative of the households using the same electricity to sign the contract and has written authorization from the households sharing the contract in Vietnam.

The contract must clearly state the number of households sharing (with an attached list) and the electricity price applied according to the Regulations on implementation of electricity prices issued by the Ministry of Industry and Trade in Vietnam.

What responsibilities does the electricity seller have in organizing the purchase and sale of electricity for domestic purposes?

In Clause 3, Article 6, the Draft Circular guiding electricity purchase contracts for domestic purposes issued by the Minister of Industry and Trade on implementation is as follows:

Implementation organization

1. The Electricity Regulatory Authority is responsible for organizing guidance, inspection, and examination of the implementation of regulations on electricity purchase contracts for domestic purposes nationwide.

2. The Department of Industry and Trade is responsible for organizing guidance, inspection, and examination of the implementation of regulations on electricity purchase contracts for domestic purposes within the scope of management.

3. The electricity seller is responsible for registering the electricity purchase contract for domestic purposes according to the form and general transaction conditions with the competent state management agency on protecting consumer rights according to regulations. in Clause 1, Article 19 of the Law on Consumer Rights Protection.

Thus, the electricity seller is responsible for registering an electricity purchase contract for domestic purposes according to the form and general transaction conditions with the competent state management agency on protecting consumer rights in Vietnam.

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