Decree 105/2024/ND-CP amend Decree 96/2022/ND-CP organizational structure of Ministry of Industry and Trade, Decree 26/2018/ND-CP Charter of EVN

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, and the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018, on the Charter of organization and operation of the Vietnam Electricity

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Pursuant to the Law on Organization of the Government dated June 19, 2015; and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Electricity dated December 03, 2004; the Law Amending and Supplementing a Number of Articles of the Electricity Law dated November 20, 2012;

Pursuant to the Law Amending and Supplementing a Number of Articles of 11 Laws Related to the Planning Law dated June 15, 2018;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Public Investment, Law on Investment in the Form of Public-Private Partnership, Law on Investment, Housing Law, Bidding Law, Electricity Law, Law on Enterprises, Law on Excise Tax, and Law on Enforcement of Civil Judgments dated January 11, 2022;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Management and Use of State Capital Invested in Production and Business at Enterprises dated November 26, 2014;

At the proposal of the Minister of Industry and Trade,

The Government promulgates the Decree Amending and Supplementing a number of articles of the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, and the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018, on the Charter of organization and operation of the Vietnam Electricity.

‎‎Article 1. Amending and supplementing Clause 7, Article 2 of the Government’s Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade

1. To amend and supplement Point d as follows:

“d) To assume the prime responsibility for, and coordinate with the Ministry of Finance in, guiding the method of formulating the electricity generation price bracket, electricity wholesale price, electricity transmission price, electricity distribution price, and electric-system support service price, electric-system operation regulation price, and electricity market transaction administration price; to approve the electric-system operation regulation price, and the electricity market transaction administration price after consulting the Ministry of Finance; to approve the electricity generation price bracket, electricity wholesale price, electricity transmission price, electricity distribution price, and electric-system support service price, except for the cases specified in Clause 2, Article 62 of the Electricity Law; to examine fixed-term power purchase agreements between electricity generators and electricity purchasers and fixed-term wholesale power purchase agreements in accordance with the Government’s regulations;”

2. To add Point g as follows:

“g) To perform the state management of the command and control of the system of production, transmission, distribution and allocation of electricity in the national electric system, and electricity market transaction administration”.

‎‎Article 2. Amending and annulling a number of articles of the Charter of organization and operation of the Vietnam Electricity issued together with the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018

1. To amend Point a, Clause 2, Article 4 as follows:

“a) Main business lines:

Production, transmission, distribution (including dispatching of distribution power systems) and electricity trading;

Import and export of electricity;

Investment and management of investment capital in power projects;

Management, operation, repair, maintenance, overhaul, renovation and upgrading of electrical, mechanical, control and automation equipment in production lines, power transmission and distribution, and power projects; electrical experiments;

Project management consulting, design survey consulting, investment project planning consulting, bidding consulting, estimating, verification consulting and construction supervision of power source projects and line projects and transformer station.”

2. To amend Point i, Clause 4, Article 10 as follows:

“i) To act as the focal point to gather resources of member enterprises and affiliated enterprises to conduct bidding and implement common projects agreed upon and implemented by subsidiaries and affiliated companies, specifically:

Together with the Power Generation Corporations and the National Power Transmission Corporation to invest and manage power source and transmission grid projects according to the National Power Development Plan approved by the Prime Minister and other investment projects; coordinate in conducting production and electricity trading and participate in the competitive electricity generation market;

Together with the Power Corporations to coordinate the development of smart power distribution systems, electricity trading, automation, control and promote the development of competitive wholesale electricity markets and competitive retail electricity markets;

Together with its subsidiaries that are electrical construction consulting companies, electrical equipment manufacturers, and electrical construction consulting companies to organize consulting, production, manufacturing, construction, installation and trading of electrical products and projects;

To organize the implementation of measures to manage and operate the electric system within the scope of management in accordance with law to ensure the security and safety of the national electric system; manage the electric system, internal information system and information technology system serving electricity production and trading and the electricity market under its management”.

3. To amend Clause 1, Article 18 as follows:

“1. To do business in the right registered industry and profession; ensure the quality of products and services provided by EVN according to registered standards. To comply with operation methods, command and control orders of the national electric system dispatching unit in accordance with the law. To pay electricity bills and other obligations in accordance with the power purchase agreement.”

4. To annul Point 2, Section II of the Appendix attached to the Charter of Organization and Operation of Vietnam Electricity in the Government’s Decree No. 26/2018/ND-CP dated February 28, 2018.

‎‎Article 3. Implementation provisions

1. This Decree takes effect on August 01, 2024.

2. This Decree does not change the obligations in the BOT contract between the project owner of power projects and Vietnam.

3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees, Chairperson of the Board of Members, General Director of the Vietnam Electricity and relevant agencies and units shall implement this Decree.