Vietnam: Revocation of electricity licenses

According to Circular No. 36/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam, an electricity license shall be revoked in the following cases:

- The license holder violates regulations laid down in Article 37 of the Law on electricity of Vietnam;

- The electricity unit holding the license plans to shut down or transfer its licensed operations to another electricity unit;

- The license is revoked at the request of a competent authority because the license holder is found to commit violations against relevant laws;

- The license holder that is a generator fails to comply with regulations laid down in Clause 7 and Clause 8 Article 15 hereof;

- The license holder fails to submit a report to the licensing authority within 30 days from the occurrence of change in the head office's address specified in the license.

An electricity license to be revoked shall result in suspension of a licensed operation and/or reduction of its scope. The electricity unit that has its electricity license revoked shall apply for modification of the issued electricity license according to the decision on revocation of electricity license.

Each licensing authority shall have the power to revoke electricity licenses which it has issued.

Procedures for revocation of an electricity license are specified as follows:

- If the license holder commits any violation against regulations laid down in Article 37 of the Law on electricity or Clause 4 Article 15 hereof and the licensing authority has made decision on imposition of penalties for that violation, the licensing authority shall make the decision on revocation of electricity license when it makes the decision on imposition of penalties for violation;

- If the license holder commits any violation against regulations laid down in Article 37 of the Law on electricity or Clause 4 Article 15 hereof and the decision on imposition of penalties for that violation has been made by a competent authority other than the licensing authority, the licensing authority shall issue the decision on revocation of electricity license according to the period specified in the decision on imposition of penalties for violation. If the licensing authority decides not to revoke the electricity license, it must provide written reasons thereof for the authority that decides to impose penalties for that violation;

- If the license holder fails to submit a report to the licensing authority within 30 days from the occurrence of change in the head office's address specified in the license, the licensing authority shall have the right to make decision on revocation of electricity license;

- If the license holder plans to suspend or transfer its licensed operation to another entity, within 30 business days from the receipt of written request from the license holder or a competent authority and relevant documents, the licensing authority shall make a decision on revocation of electricity license.

Within 02 business days from the date on which the decision on revocation of electricity license, the licensing authority must send this decision to the electricity unit having its license revoked and relevant authorities, and publish information concerning such decision on its website.

View more details at Circular No. 36/2018/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from December 06, 2018.

-Thao Uyen-

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