Circular 15/2019/TT-BCT amend Circular 36/2018/TT-BCT issue electricity activity licenses

CIRCULAR

On amending Clause 1 and Clause 4 Article 12 of the Circular No. 36/2018/TT-BCT dated October 16, 2018 of the Minister of Industry and Trade on promulgate the order and procedure of issuing and revoking the electricity activity license

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

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

Pursuant to the Decree No. 137/2013/ND-CP of 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 Decree No. 08/2018/ND-CP dated January 15, 2018 of the Government on amending a number of the Articles of the Decrees related to business conditions under state management of the Ministry of Industry and Trade;

At the proposal of the Director of Electricity Regulatory Agency of Vietnam;

The Minister of Industry and Trade promulgate the Circular on amending Clause 1 and Clause 4 Article 12 of the Circular No. 36/2018/TT-BCT dated October 16, 2018 of the Minister of Industry and Trade on promulgate the order and procedure of issuing and revoking the electricity activity license.

Article 1. To amend Clause 1 and Clause 4 Article 12 of the Circular No. 36/2018/TT-BCT dated October 16, 2018 of the Minister of Industry and Trade on promulgate the order and procedure of issuing and revoking the electricity activity license as follow:

1. To amend Clause 1 Article 12 as follow:

“1. The electricity activity license shall be revoked if the license holder violates regulation of Article 37 of the Law on Electricity.”
2. To amend Clause 4 Article 12 as follow:

“4. The procedure of revoking the electricity license:

a) In case the license holder violates the regulations of Article 37 of the Law on Electricity and agency issuing the sanction decision is the agency issuing the operation license, such agency shall hold responsibility to issue the decision of revoking electricity activity license simultaneously with the sanction decision.

b) In case the license holder violates the regulations of Article 37 of the Law on Electricity and agency issuing the sanction decision is not the agency issuing the operation license, such agency shall hold responsibility to inform the licensing agency in writing so that the licensing agency issues the decision of revoking electricity activity license

If the electricity activity license shall not be revoked, the licensing agency must inform the sanction agency in writing (specify the reason).”

Article 2. Effect

This Circular takes effect on October 15, 2019.

Article 3. Implementation

Electricity Regulatory Agency of Vietnam holds responsibility to instruct and implement this Circular. Any problem arising in the course of implementation should be promptly report to the Ministry of Industry and Trade for consideration and settlement.-

The Minister

Tran Tuan Anh