Circular No. 31/2018/TT-BCT dated October 05, 2018 of the Ministry of Industry and Trade on amending and supplementing a number of Articles of the Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electrical activities and consumption of electricity, settlement of disputes concerning power purchase agreements

THE MINISTRY OF INDUSTRY AND TRADE 

CircularNo. 31/2018/TT-BCT dated October 05, 2018 of the Ministry of Industry and Trade on amending and supplementing a number of Articles of the Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electrical activities and consumption of electricity, settlement of disputes concerning power purchase agreements

Pursuant to the Government’s Decree No. 98/2017/ND-CP dated August 18, 2017 defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade;

Pursuant to the Electricity Law dated December 03, 2004; the Law on amending and supplementing a number of Articles of the Electricity Law dated November 20, 2012;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 detailing a number of Articles of the Electricity Law and the Law Amending and Supplementing a number of Articles of the Electricity Law;

Pursuant to the Government’s Decree No.134/2013/ND-CP dated October 17, 2013 on penalties for administrative violations against regulations on electricity, safety of hydropower dams and thrifty and effective use of energy;

Pursuant to the Government’s Decree No. 81/2013/ND-CP dated July 19, 2013 detailing a number of articles of and measures to implement the Law on Handling of Administrative Violations; the Government’s Decree No.97/2017/ND-CP dated August 18, 2017 on amending and supplementing a number of articles of the Government’s Decree No. 81/2013/ND-CP of July 19, 2013, detailing a number of articles of, and providing measures to implement, the Law on Handling of Administrative Violations;

Pursuant to the Government s Decree No. 14/2014/ND-CP dated February 26, 2014 detailing the implementation of the Electricity Law regarding electrical safety;

At the request of the General Director of the Electricity Regulatory Authority of Vietnam;

The Minister of Industry and Trade promulgates a Circular amending and supplementing a number of articles of the Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electrical activities and consumption of electricity, settlement of disputes concerning power purchase agreements.

Article 1. To amendment and supplement the Circular No. 27/2013/TT-BCT dated October 31, 2013 on inspection of electrical activities and consumption of electricity, settlement of disputes concerning power purchase agreements (hereinafter referred to as "Circular No. 27/2013/TT-BCT”)

1. To amend the heading of Clause 4 and Clause 1 Article 4 as follows:

a) To amend the heading of Article 4 as follows: “Article 4. Power to conduct inspection”;

b) To amend Clause 1 Article 4 as follows: “1. Electrical inspectors of the Ministry of Industry and Trade, electrical inspectors of Provincial Departments of Industry and Trade, and electrical inspectors of specialized divisions affiliated to People’s Committees of rural or urban districts, towns or provincially-affiliated cities (hereinafter referred to as “district-level electrical inspectors") shall have the right to conduct inspections of the compliance with regulations on electrical activities, electricity consumption, protection of electricity works and electrical grids”.

2. To amend Clause 2 Article 6 and Clause 2 Article 7 as follows:

“2. Inspect the compliance with regulations on electrical safety and protection of electricity works and electrical grids”.

3. To amend Point a Clause 1 Article 8 as follows:

“a) Inspect the compliance with regulations on protection of electricity works and electrical grids”.

4. To amend and supplement Point dd Clause 1, Point dd Clause 2 and Point dd Clause 3 Article 9 as follows:

“dd) Have a good health, good moral character and a sense of responsibility, honesty, impartiality and objectivity; do not have any criminal convictions or have all criminal convictions expunged; do not face any penalties for administrative violations against regulations on electricity or be treated as if he/she does not incur any administrative penalties as defined in Article 7 of the Law on Handling of Administrative Violations in electricity sector”.

5. To amend Point c Clause 1 Article 12 and add Clause 4 to Article 12 as follows:

a) To replace the phrase “Bản sao hợp lệ” (“Valid copy") in Point c Clause 1 Article 12 by the word “Bản sao” (“Copy”);

b) To add Clause 4 to Article 12 as follows: “4. Based on actual situation, authorities competent to issue and revoke electrical inspector cards shall stipulate the online completion of formalities prescribed in Clause 1, Clause 2 and Clause 3 of this Article".

6. To amend Clause 4 Article 13 as follows:

“4. Light yellow cards shall be issued to electrical inspectors of electricity units to conduct inspection of electrical safety and protection of electricity works and electrical grids”.

7. To amend Clause 2 Article 15 as follows:

“2. Ad hoc inspection refers to an inspection which is not planned in advance and conducted upon request of a competent authority or an electricity unit or detection of signs of violations against regulations on electrical activities, electricity consumption, and protection of electricity works and electrical grids”.

8. To add Article 19a to Article 19 as follows:

“Article 19a. Contents of inspection of protection of electricity works and electrical grids

The inspection shall be carried out in accordance with Article 50 through 53 of the Electricity Law and its instructional documents. To be specific:

1. Inspect the compliance with regulations on safety corridors of high-voltage grids.

2. Inspect the compliance with regulations on protection of overhead power lines.

3. Inspect the compliance with regulations on protection of underground electrical cables.

4. Inspect the compliance with regulations on protection of electrical substations”.

9. To amend Article 20 as follows:

“Article 20. Inspection and detection of electricity theft

1. If any acts of electrical power theft are detected during the inspection, the electrical inspector shall make a written record of inspection of electricity consumption and a written record of administrative violations. The written record of inspection of electricity consumption must include:

a) Description of the theft of electricity and parameters serving the calculation and imposition of penalties for violations against regulations on electricity consumption;

b) Diagrams of electricity theft;

c) Other evidences such as instrumentalities of electricity theft, photographs, video recordings and other electronic data (if any).

2. If exhibits and instrumentalities of an electricity theft are kept, the electrical inspector is required to make a written record of seizure of exhibits and instrumentalities using the form provided in Appendix 3 enclosed herewith and seal all the seized exhibits and instrumentalities (sealing paper must bear signatures of the electrical inspector, representative of the inspected party and relevant parties as regulated).

3. The electrical inspector shall determine the amount of electricity stolen and payable compensation calculated in conformity with Article 32 hereof.

4. The electrical inspector shall inform the seller of this electricity theft in order to suspend the supply of electricity”.

10. To amend Article 23 as follows:

“Article 23. Recording administrative violations

1. If an administrative violation against regulations on electricity is detected, in addition to the written record of inspection made as regulated in Article 22 hereof, the electrical inspector must make a written record of administrative violation using the form provided in Appendix 3 enclosed herewith, and transfer it to the official who has the power to impose penalties for such administrative violation as regulated.

2. A written record of administrative violation is made in 03 copies, among which the inspector keeps 01 copy, the inspected party keeps 01 copy and the other is sent to the authority competent to impose penalties for such administrative violation. This written record must be sealed and numbered for management. All written records of administrative violations, including the ones improperly recorded or cancelled, must be managed and kept in accordance with applicable regulations”.

11. To amend Article 24 as follows:

“Article 24. Transfer of records and documents concerning a violation

1. Written records of inspection made by electrical inspectors of electricity units:

If the buyer commits breach of the power purchase agreement as regulated in Clause 2 Article 13 of the Government s Decree No. 137/2013/ND-CP dated October 21, 2013 detailing a number of articles of the Electricity Law and the Law amending and supplementing a number of Articles of the Electricity Law, the written record of inspection and all of exhibits and documents proving the violation must be kept by the electricity unit for serving its settlement of violation or transferred to a relevant electricity unit for consideration within a period of 02 business days from the date of the record of inspection.

2. Written records of inspection made by electrical inspectors of the Ministry of Industry and Trade, Provincial Departments of Industry and Trade or district-level electrical inspectors:

If a breach of the power purchase agreement is committed as regulated in Article 13 of the Government s Decree No. 137/2013/ND-CP dated October 21, 2013, the written record of inspection and all of exhibits and documents proving the violation must be transferred to the aggrieved party for consideration within a period of 02 business days from the date of the record of inspection.

3. Transfer of records and documents of administrative violations against regulations on electricity:

a) If an administrative violation against regulations on electricity is detected, both the written record of inspection and the written record of administrative violation must be transferred to the official competent to impose administrative penalties within a period of 02 business days from the date of the records, except the case defined in Point b of this Clause;

b) In case of theft of electricity or where there are complex factors or the case requires further explanation as regulated in Clause 1 Article 61 of the Law on Handling of Administrative Violations, the written record of inspection, the written record of administrative violation, the written record of seizure of exhibits and instrumentalities, and all seized exhibits and instrumentalities (if any) must be transferred to the official competent to impose administrative penalties right after the completion of documentation of the violation as regulated in Article 33 hereof but not exceeding 05 business days.

4. Upon the detection of signs of a criminal crime, documentation and all of exhibits and instrumentalities of the violation must be transferred to the investigation authority for settlement in accordance with applicable laws".

12. To amend Point c and Point d Clause 3 Article 26 as follows:

a) To amend Point c Clause 3 Article 26 as follows: “c) The copy of the power purchase agreement”;

b) To amend Point d Clause 3 Article 26 as follows: “d) The copy of the electricity operating license (if any)”.

13. To add Clause 4 to Article 29 as follows:

“4. Failure to make adjustment when the buyer has informed and meets all requirements for increasing the number of households sharing an electric meter or increasing the limit on amount of electricity for domestic use:

a) The seller must refund the excess amount collected to the buyer for the violating period. Violating period is counted from the date after the buyer has informed and meets all requirements for increasing the number of households sharing an electric meter or increasing the limit on amount of electricity for domestic use to the date when the seller makes adjustment as regulated;

b) Penalties for breach of the power purchase agreement shall be carried out according to agreements between two parties specified in the signed power purchase agreement".

14. To add Clause 6 to Article 30 as follows:

“6. Failure to give a notice to the seller of decrease in the number of households sharing an electric meter or decrease in the limit on amount of electricity for domestic use:

a) The buyer must pay the difference in electricity prices to the seller for the violating period. The violating period is counted from the date of billing period in which the buyer reduces the number of households sharing an electric meter or reduces the limit on amount of electricity for domestic use but does not give a written notice thereof to the seller for making adjustment as regulated. If the buyer cannot present documents serving determination of commencement date of reducing the number of households sharing an electric meter or reducing the limit on amount of electricity for domestic use, the violating period shall be counted from the latest inspection conducted by the seller to inspect the number of households sharing an electric meter or the limit on amount of electricity for domestic use to the date when the seller makes adjustment provided it shall not exceed 12 months;

b) Penalties for breach of the power purchase agreement shall be carried out according to agreements between two parties specified in the signed power purchase agreement".

15. To amend Point b Clause 2 Article 32 as follows:

To replace the paragraph “Phương pháp xác định sản lượng điện năng sử dụng đối với các cách thức trộm cắp điện khác hoặc không áp dụng được phương pháp quy định tại điểm a khoản này” (“Method of determining the consumed power output for other ways of stealing electricity or in case where the method prescribed in Point a of this Clause cannot apply" by the following paragraph: “Phương pháp xác định sản lượng điện năng sử dụng đối với các cách thức trộm cắp điện khác hoặc không áp dụng được phương pháp quy định tại điểm a Khoản này hoặc kết quả tính toán sản lượng điện năng sử dụng theo phương pháp quy định tại điểm a Khoản này không phù hợp với thực tế sử dụng điện” (“Method of determining the consumed power output for other ways of stealing electricity or in case where the method prescribed in Point a of this Clause cannot apply or the power output measured by adopting the method prescribed in Point a of this Clause is unconformable with the actual consumption of electricity".

16. To amend Article 33 as follows:

"Article 33. Documentation, exhibits and instrumentalities of a violation

1. Documentation, exhibits and instrumentalities of a violation against regulations on electrical activities and protection of electricity works and electrical grids include:

a) The notice of inspection if a regular inspection is conducted;

b) The written record of inspection and the written record of administrative violation (if any);

c) The written record of seizure of exhibits and instrumentalities of the violation in case the theft of electricity, and exhibits and instrumentalities thereof are detected (if any);

d) Photographs, video recordings, and electronic data recording or describing the violation (if any);

dd) The calculation of compensation and penalties for the violation (if any);

e) Other relevant documents and exhibits.

2. Documentation, exhibits and instrumentalities of a violation against regulations on electricity consumption include:

a) The notice of inspection if a regular inspection is conducted;

b) The written record of inspection of electricity consumption and the written record of administrative violation (if any);

c) The written record of seizure of exhibits and instrumentalities of the violation in case the theft of electricity, and exhibits and instrumentalities thereof are detected (if any);

d) The written records of inspection and testing of measuring and counting equipment;

dd) Diagram of electricity theft; photographs, video recordings, electronic data recording and describing the violation (if any);

e) The calculation of compensation and penalties for the violation against regulations on electricity consumption (if any);

g) Seized measuring and counting equipment (if any);

h) Other relevant documents and exhibits”.

17. To amend Article 34 as follows:

“Article 34. Managing inspection documentation

1. Authorities and units managing electrical inspectors are held accountable to provide record forms, make and manage the following documents: Logbook of delivery and statistics on record forms; Book used to manage documentation of violations against regulations on electrical activities, electricity consumption, and protection of electricity works and electrical grids.

2. Electricity units managing electrical inspectors must keep copies of violation-related documents which are made by such electrical inspectors and transferred to officials competent to impose administrative penalties”.

18. To amend Article 35 as follows:

“Article 35. Record and decision forms

Forms of records and decisions are provided in the Appendix 3 enclosed herewith for application during the inspection and imposition of penalties for administrative violations against regulations on electricity. Relevant documents whose forms are not provided in this Circular shall be prepared according to the Government’s Decree No. 97/2017/ND-CP dated August 18, 2017”.

19. To amend Article 36 as follows:

“Article 36. Responsibility of the Electricity Regulatory Authority of Vietnam and Provincial Departments of Industry and Trade

1. The Electricity Regulatory Authority of Vietnam shall:

a) Instruct and inspect the implementation of regulations on inspection of electrical activities, electricity consumption, and protection of electricity works and electrical grids by Provincial Departments of Industry and Trade, specialized divisions affiliated to People’s Committees of rural or urban districts, towns or provincially-affiliated cities, and electricity units;

b) Inspect the issuance and revocation of electrical inspector cards by Provincial Departments of Industry and Trade.

2. Provincial Departments of Industry and Trade shall instruct and inspect the implementation of regulations on inspection of electrical activities, electricity consumption, and protection of electricity works and electrical grids by specialized divisions affiliated to People’s Committees of rural or urban districts, towns or provincially-affiliated cities, and electricity units located in the relevant province”.

20. To amend Article 37 as follows:

"Article 37. Reporting

1. Electricity units located in a province shall submit reports on inspections of electricity consumption and protection of electricity works and electrical grids conducted by their electrical inspectors to the Department of Industry and Trade of that province before February 15 of every year.

2. Before March 01 of every year, each Provincial Department of Industry and Trade shall submit reports to the Electricity Regulatory Authority of Vietnam on training, testing and issuance of certificate of passing testing for electrical inspectors, issuance and revocation of electrical inspector cards; inspection and actions against violations against regulations on electricity consumption and protection of electricity works and electrical grids, and settlement of disputes concerning the power purchase agreement.

3. Before March 01 of every year, the Vietnam Electricity shall submit reports to the Electricity Regulatory Authority of Vietnam on inspection of electricity consumption and protection of electricity works and electrical grids conducted by electrical inspectors of the Vietnam Electricity, National Power Transmission Corporation and Power Corporations”.

21. To amend the headings of Chapter III, Chapter V and some Articles as follows:

a) To amend the heading of Chapter III as follows: “Chapter III. Inspection of electrical activities, electricity consumption and protection of electricity works and electrical grids”;

b) To amend the heading of Chapter V as follows: “Chapter V. Management of documentation, exhibits and instrumentalities of violations against regulations on electrical activities, electricity consumption and protection of electricity works and electrical grids”;

c) To amend the heading of Article 16 as follows: “Article 16. Inspection principles”;

d) To amend the heading of Article 17 as follows: “Article 17. Inspection procedures”.

22. To amend words in Point a Clause 2 Article 30, Article 31, Point a and Point b Clause 2 Article 32, Point b and Point c Clause 3 Article 32 as follows: To replace the word “12 tháng” (“12 months”) by the word “365 ngày” (“365 days”).

Article 2.To abrogate some regulations in the Circular No. 27/2013/TT-BCT, the Circular No. 06/2015/TT-BCT dated April 23, 2015 by the Minister of Industry and Trade on amendments to certain Circulars promulgated by the Ministry of Industry and Trade on administrative procedures in the fields of chemicals, electricity and trading of commodities via commodity exchanges (hereinafter referred to as the “Circular No. 06/2015/TT-BCT”) and the Circular No. 04/2016/TT-BCT dated June 06, 2016 by the Minister of Industry and Trade amending and supplementing a number of Circulars of the Minister of Industry and Trade on administrative procedures in the field of digital, chemicals, wine production and wine trading, commercial franchising, goods purchase and sale through the goods exchange, energy, food safety and electricity (hereinafter referred to as the “Circular No. 04/2016/TT-BCT”)

To abrogate the following regulations:

1. Point d Clause 1 Article 12 of the Circular No. 27/2013/TT-BCT;

2. The Appendix 3 promulgated under the Circular No. 27/2013/TT-BCT providing forms of documents used in the course of inspecting and imposing penalties for administrative violations against regulations on electricity;

3. Article 6 of the Circular No. 06/2015/TT-BCT;

4. Article 10 of the Circular No. 04/2016/TT-BCT.

Article 3. Effect

1. This Circular takes effect on November 20, 2018.

2. Difficulties that arise during the implementation of this Circular should be reported to the Electricity Regulatory Authority of Vietnam for consideration and submission of reports thereof to the Ministry of Industry and Trade for taking appropriate actions./.

For the Minister

Tran Tuan Anh

* All Appendices are not translated herein.