Vietnam: Processing of dispute settlement dossiers in the power market

According to Article 14 of Circular No. 40/2010/TT-BCT of the Ministry of Industry and Trade of Vietnam:

- Within five (5) working days after receiving a dispute settlement dossier, the Electricity Regulatory Authority of Vietnam shall check the validity of the dossier and issue a notice of dossier processing to the requesting party;

- For an invalid dossier, the Electricity Regulatory Authority of Vietnam shall issue a notice of dossier supplementation to the requesting party. The time limit for dossier supplementation is fifteen (15) working days after the Electricity Regulatory Authority of Vietnam's notification. When the requesting party makes a written request, the Electricity Regulatory Authority of Vietnam may extend the dossier supplementation not more than ten (10) working days past the above time limit.

Besides, Circular No. 40/2010/TT-BCT also that dispute settlement dossier shall not be processed when:

- The statute of limitations for requesting dispute settlement has expired;

- The Electricity Regulatory Authority of Vietnam has no authority to settle the dispute;

- The dispute has been brought to a commercial arbitration or court for settlement or it has been settled under an effective judgment or decision of a commercial arbitration or court;

- The involved parties have not negotiated to settle the dispute themselves under Clause 1, Article 5 of this Circular;

- The requesting party fails to supplement its dossier within the time limit specified in Clause 2, Article 14 of this Circular, as requested by the Electricity Regulatory Authority of Vietnam;

- The requesting or requested party fails to advance funds for dispute settlement under Clauses 1 and 2, Article 32 of this Circular.

View more details at: Circular No. 40/2010/TT-BCT of the Ministry of Industry and Trade of Vietnam takes effect from January 27, 2011.

Nguyen Phu

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