General regulations on inspection operation of Electricity inspector in Vietnam

General regulations on inspection operation of Electricity inspector in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. General regulations on inspection operation of Electricity inspector in Vietnam

General regulations on inspection operation of Electricity inspector according to Article 11 of Circular 42/2022/TT-BCT are as follows:

- Planned inspection must be approved by heads of inspecting entities or superior entities on an annual basis; annual inspection plan can be adjusted to meet implementation situation.

- Electricity inspectors shall only carry out inspections when they are assigned to do so. If Electricity inspectors discover signs of violations beyond the scope of their assigned tasks, Electricity inspectors must promptly report to persons in charge in order to adopt appropriate form of inspection.

- Upon carrying out inspection, inspecting entities must establish inspection team or inspectorate which contains at least 3 members, including the chief or deputy chief of inspectorate (with decision on inspection or written assignment of tasks, except for the case of irregular inspection where decision on inspection and written assignment of tasks are not required); and at least 1 Electricity inspector.

The Electricity inspector is responsible for presenting his/her Electricity inspector card to the inspected entities and notifying the inspected entities of the inspection details.

- The inspection must be carried out in the presence of representative of the inspected entities, except for cases under Point b Clause 1 Article 9 of Circular 42/2022/TT-BCT.

If the inspection requires the presences of representative of the inspected entities who is absent, the inspected entities must assigns at least 1 witness with full legal capacity or representative of the local authority or police authority to observe the inspection.

- Electrical measuring instruments used by inspecting entities for the purpose of inspection must be evaluated and calibrated as per the law.

- If entering electricity user’s property to inspect electricity use from 10 p.m. to 6 a.m. the following day is required, inspecting entities must cooperate with local authority or police authority in observing the inspection and inspecting in accordance with Circular 42/2022/TT-BCT.

2. Duties and powers of electricity inspectors in Vietnam

According to Article 4 of Circular 42/2022/TT-BCT, electricity inspectors shall exercise their tasks and powers within the field of operation of their units as follows

- Tasks and powers of Electricity inspectors affiliated to TSOs, DSOs:

+ Inspect compliance with regulations pertaining to safety assurance of electric utilities and electrical grids;

+ Examine and promptly prevent electrical safety violations under Article 7 of the Law on Electricity;

+ Promptly inform entities managing electricity transmission grids, distribution grids upon discovering risk to human lives and safety of equipment;

+ Produce Inspection records using forms under this Circular after inspecting safety assurance of electric utilities and electrical grids, except for cases under Point dd of Clause 1 of Article 4 of Circular 42/2022/TT-BCT;

+ Electricity inspectors shall not produce Inspection record if no violation is found but instead log inspection details and contents on management system of electricity units.

- Tasks and powers of Electricity inspectors of electricity wholesalers, electricity retailers

+ Inspect execution of PPAs of electricity users;

+ Inspect electrical safety of electricity users;

+ Inspect the suspension of electricity use, reduction of electricity consumption of electricity users;

+ Inspect and promptly prevent prohibited acts in electricity use under Article 7 of the Law on Electricity;

+ Request electricity users to suspend electricity use or reduce electricity consumption in case of risk to human lives and safety of equipment;

+ Request electricity users to provide necessary information and documents for the purpose of inspection;

+ Produce Inspection log of electricity use using forms under this Circular when inspecting details mentioned under Points a, b, c, and d of Clause 2 of Article 4 of Circular 42/2022/TT-BCT, except for cases under Point h of Clause 2 of Article 4 of Circular 42/2022/TT-BCT;

+ Electricity inspectors shall not produce Inspection log of electricity use using forms under this Circular if no violation is found but instead log inspection contents and results on management system of electricity units.

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