Vietnam: Which agency has the power to issue electricity licenses?

On September 09, 2020, the Ministry of Industry and Trade of Vietnam issued Circular No. 21/2020/TT-BCT providing procedures for issuance of electricity licenses.

thẩm quyền cấp giấy phép hoạt động điện lực, Thông tư 21/2020/TT-BCT

According to Article 12 of Circular No. 21/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, the power to issue electricity licenses is specified as follows:

- The power to issue electricity licenses of the Ministry of Industry and Trade and the Electricity Regulatory Authority of Vietnam is prescribed in Clause 19 Article 3 of Decree No. 17/2020/NĐ-CP dated February 05, 2020 of Vietnam’s Government on amendments to some Articles of Decrees related to necessary business conditions in fields under the management of the Ministry of Industry and Trade.

- Provincial People’s Committees shall directly issue or authorize Provincial Departments of Industry and Trade to issue electricity licenses in the following fields:

+ Electricity generation by a power plant that has a capacity of less than 03 MW and is located in the province;

+ Electricity distribution with a voltage up to 35 kV in the province;

+ Electricity retailing with a voltage up to 0,4 kV in the province;

+ Electrical consulting services, including:

  • Consultancy on design of transmission lines and electrical substations with a voltage up to 35 kV provided by an enterprise that has been registered with the provincial authority;

  • Consultancy on supervision of construction of transmission lines and electrical substations with a voltage up to 35 kV provided by an enterprise that has been registered with the provincial authority.

Concurrently, licensing authorities shall have the following responsibilities:

- Receive, verify, check and manage applications for electricity licenses. Instruct applicants to follow procedures for application for electricity licenses as prescribed herein.

- Settle complaints about electricity licenses within their competence.

- Modify the issued electricity licenses if they have mistakes.

- Inspect the maintenance of fulfillment of licensing requirements by license holders.

- Revoke electricity licenses which they have issued.

- Send decision on revocation of electricity license to the electricity unit whose electricity license is revoked and relevant authorities; disclose information about such license revocation on the website of the licensing authority within 02 working days from the issue date of the revocation decision.

View more details at Circular No. 21/2020/TT-BCT of the Ministry of Industry and Trade of Vietnam, effective from October 26, 2020.

Thuy Tram

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