Decree 61/2025/ND-CP detailing a number of articles of the Electricity Law regarding electricity operation licenses

DECREE

Detailing a number of articles of the Electricity Law regarding electricity operation licenses

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Pursuant to the Law on Organization of the Government dated February 18, 2025;

Pursuant to the Law on Electricity dated December 03, 2004;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree detailing a number of articles of the Electricity Law regarding electricity operation licenses.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree details a number of articles of the Electricity Law, including:

1. Clause 4 Article 31 on conditions for the fields of granting electricity operation licenses.

2. Clause 5 Article 32 on dossiers, order and procedures for grant of electricity operation licenses.

3. Clause 4 Article 33 on the capacity exempted from electricity operation licenses.

4. Clause 2 Article 35 on the term of the electricity operation license according to the operation field, and for each case of granting electricity operation license.

5. Clause 3 Article 36 on revocation of electricity operation licenses and dossiers, order and procedures for revocation of electricity operation licenses.

6. Clause 2 Article 37 on competence to grant electricity operation licenses in the fields of electricity generation, distribution, wholesaling and retailing of the provincial-level People's Committees.

7. Clause 5 Article 37 on competence to grant, modify, re-grant, renew and revoke electricity operation licenses based on the scale of capacity, voltage level and scope of electricity activities.

Article 2. Subjects of application

1. State management agencies in charge of granting, modifying, re-granting, renewing and revoking electricity operation licenses.

2. Organizations engaged in electricity activities within the territory of Vietnam.

3. Other agencies, organizations and individuals involved in electricity activities.

Chapter II

CONDITIONS FOR GRANT OF ELECTRICITY OPERATION LICENSES

Article 3. Conditions for grant of electricity operation licenses in the field of electricity generation

Organizations shall be granted an electricity operation license in the field of electricity generation after fully meeting the following conditions:

1. a) Being an organization lawfully established in accordance with law, including: enterprises of all economic sectors established and operating under the Law on Enterprises; cooperatives established and operating under the Law on Cooperatives; and other organizations established under relevant laws.

2. Having at least one technical manager with a minimum of five years of experience in the electricity generation sector and holding a university degree or higher in electrical engineering, electrical technology, electronics, automation, or other related technical and technological sectors.

3. Having at least 04 personnel directly engaged in operation, who have undergone training and assessment to meet the requirements for power plant operation in accordance with regulations on national power system dispatch and operation; have been trained and assessed to meet requirements under electricity safety regulations, and meet the following professional qualifications:

a) Holding a university degree or higher in engineering for electricity generation works with a capacity exceeding 30 MW;

b) Holding a college degree or higher in engineering for electricity generation works with a capacity from 10 MW to 30 MW;

c) Holding an intermediate diploma or equivalent in an engineering specialty for electricity generation works with a capacity below 10 MW.

4. Having work items, electricity generation works that align with the electricity development master plan, the electricity supply network development plan within the provincial-level master plan, the plan for implementation of electricity development master plan or provincial-level master plan, including electricity supply network development plan and adjustment decisions (if any), except for the cases specified at Points a and b Clause 5 Article 10 of the Electricity Law.

5. Having a project for which the competent state agency has issued an investment policy decision or approved the investment policy in accordance with the law on investment, except for cases where the investment project is not required to have an investment policy approval.

6. Having a decision approving the results of the environmental impact assessment report for projects subject to environmental impact assessment; for projects not subject to environmental impact assessment, having an environmental license or environmental registration.

7. The project has been allocated or leased land, or allocated marine areas by the competent state agency for project implementation.

8. For hydropower plants: Having a hydropower reservoir operation procedure; having an emergency response plan; having a dam and hydropower reservoir protection plan approved in accordance with the Electricity Law.

9. Having a work item or electricity generation work for which the competent agency has approved the results of fire prevention and fighting acceptance in accordance with the Law on Fire Prevention and Fighting and Rescue.

10. Having a work item or electricity generation work constructed and installed according to the approved design, meeting the conditions for putting the work item or work into operation and use.

11. For self-produced, self-consumed rooftop solar power selling surplus electricity to the national power system or participating in a direct power purchase mechanism through a dedicated connection grid, a rooftop solar power development registration certificate must be issued by the competent agency, and the following conditions must be met:

a) Works with an installed capacity scale from 01 MW to under 10 MW must meet the provisions of Clauses 1, 4, 5, 6, 9, and 10 of this Article;

b) Works with an installed capacity scale of 10 MW or more must meet the provisions of Clauses 1 through 7, Clause 9, and Clause 10 of this Article.

Article 4. Conditions for grant of electricity operation licenses in the field of electricity transmission

Organizations shall be granted an electricity operation license in the field of electricity transmission after fully meeting the following conditions:

1. a) Being an organization lawfully established in accordance with law, including: enterprises of all economic sectors established and operating under the Law on Enterprises; cooperatives established and operating under the Law on Cooperatives; and other organizations established under relevant laws.

2. Having at least one technical manager with a minimum of five years of experience in the electricity transmission sector and holding a university degree or higher in electrical engineering, electrical technology, electronics, automation, or other related technical and technological sectors.

3. Having at least 04 personnel directly engaged in operation, who have undergone training and assessment to meet the requirements for transmission grid operation in accordance with regulations on national power system dispatch and operation; have been trained and assessed to meet requirements under electricity safety regulations, and meet the following professional qualifications:

a) Holding a university degree or higher in engineering for transmission grids with a voltage level of 500 kV or higher;

b) Holding a college degree or higher in engineering for transmission grids with a voltage level of 220 kV.

4. Having a work item or electricity transmission work consistent with the electricity development master plan, the plan for implementing the electricity development master plan, and adjustment decisions (if any).

5. Having a project for which the competent state agency has issued an investment policy decision or approved the investment policy in accordance with the law on investment, except for cases where the investment project is not required to have an investment policy approval.

6. Having a decision approving the results of the environmental impact assessment report for projects subject to environmental impact assessment; for projects not subject to environmental impact assessment, having an environmental license or environmental registration.

7. The project has been allocated or leased land, or allocated marine areas by the competent state agency for project implementation.

8. Having a work item or electricity transmission grid work for which the competent agency has approved the results of fire prevention and fighting acceptance in accordance with the Law on Fire Prevention and Fighting and Rescue.

9. Having a work item or electricity transmission grid work constructed and installed according to the approved design, meeting the conditions for putting the work item or work into operation and use.

Article 5. Conditions for grant of electricity operation licenses in the field of electricity distribution

Organizations shall be granted an electricity operation license in the field of electricity distribution after fully meeting the following conditions:

1. a) Being an organization lawfully established in accordance with law, including: enterprises of all economic sectors established and operating under the Law on Enterprises; cooperatives established and operating under the Law on Cooperatives; and other organizations established under relevant laws.

2. Having at least one technical manager with a minimum of five years of experience in the electricity distribution sector and holding a university degree or higher in electrical engineering, electrical technology, electronics, automation, or other related technical and technological sectors.

3. Having at least 4 personnel directly involved in the operation meeting the following conditions:

a) Holding an intermediate degree or higher or equivalent in a technical major;

b) Having undergone training and assessment to meet the requirements for distribution grid operation in accordance with regulations on national power system dispatch and operation; having been trained and assessed to meet requirements under electricity safety regulations.

4. Having work items, distribution grid works that align with the electricity supply network development plan within the provincial-level master plan, the plan for implementation of electricity development master plan or provincial-level master plan, including electricity supply network development plan and adjustment decisions (if any), except for the cases specified at Point c Clause 5 Article 10 of the Electricity Law.

5. Having an electricity distribution grid project for which the competent state agency has issued an investment policy decision or approved the investment policy in accordance with the law on investment, or being included in the list of medium-voltage and low-voltage grids approved by the provincial-level People's Committee as prescribed at Point a, Clause 3, Article 13 of the Electricity Law, except for cases where the investment project is not required to have an investment policy approval.

6. The project has been allocated or leased land, or allocated marine areas by the competent state agency for project implementation.

7. Having a work item or distribution grid work for which the competent agency has approved the results of fire prevention and fighting acceptance in accordance with the Law on Fire Prevention and Fighting and Rescue.

8. Having a work item or distribution grid work constructed and installed according to the approved design, meeting the conditions for putting the work item or work into operation and use.

Article 6. Conditions for grant of electricity operation licenses in the field of electricity wholesaling

Organizations shall be granted an electricity operation license in the field of electricity wholesaling after fully meeting the following conditions:

1. Being an organization lawfully established in accordance with law, including: enterprises of all economic sectors established and operating under the Law on Enterprises; cooperatives established and operating under the Law on Cooperatives; and other organizations established under relevant laws.

2. Having an electricity wholesaling plan.

3. Having at least one electricity wholesaling business manager holding a university degree or higher in one of the fields of technology, electrical engineering, economics, finance, or other training fields, and having a minimum of 5 years of working experience in the field of electricity trading.

Article 7. Conditions for grant of electricity operation licenses in the field of electricity retailing

Organizations shall be granted an electricity operation license in the field of electricity retailing after fully meeting the following conditions:

1. Being an organization lawfully established in accordance with law, including: enterprises of all economic sectors established and operating under the Law on Enterprises; cooperatives established and operating under the Law on Cooperatives; and other organizations established under relevant laws.

2. Having an electricity retailing plan.

3. Having at least one electricity retailing business manager holding a university degree or higher in one of the fields of technology, electrical engineering, economics, finance, or other training fields, and having a minimum of 5 years of working experience in the field of electricity trading.

Chapter III

APPLICATION DOSSIERS FOR GRANT, MODIFICATION, RE-GRANT OR RENEWAL OF ELECTRICITY OPERATION LICENSES

Article 8. Application dossier for grant of an electricity operation license in the field of electricity generation

1. An application for grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. An abstract list of the technical management team and the team directly involved in the operation, made according to Form No. 02 in the Appendix to this Decree.

4. Dossier of the technical manager: A university degree or higher; a declaration of the working process in the field of electricity generation certified by the employer, made according to Form No. 03 in the Appendix to this Decree.

5. Dossier of the personnel directly involved in the operation:

a) Graduation diploma; power plant operation certificate; electrical safety card;

b) Labor contract with the power plant management and operation unit.

6. A document approving the electricity development master plan, the plan for implementing the electricity development master plan, and the document adjusting the electricity development master plan or plan for implementing the electricity development master plan (if any) of the project requesting licensing.

7. An investment policy decision or investment registration certificate, the document approving the investment policy in accordance with regulations.

8. A decision approving the results of the environmental impact assessment report for projects subject to environmental impact assessment; the environmental license or environmental registration for projects not subject to environmental impact assessment.

9. An investment project approval document, the decision approving the technical design or the decision approving the construction drawing design for two-step design cases; the construction design appraisal document implemented after the basic design for works subject to construction design appraisal implemented after the basic design as prescribed.

10. An acceptance record of completed work items or construction works before being put into operation or use.

11. A document approving the results of the acceptance of completed work items or construction works for those subject to acceptance inspection by the competent state agency.

12. A document on land allocation or lease, water surface land, marine areas for project implementation by the competent state agency.

13. A document approving the results of fire prevention and fighting acceptance in accordance with regulations.

14. For hydropower plants: hydropower reservoir operation procedure; emergency response plan; dam and hydropower reservoir protection plan approved in accordance with the Electricity Law.

15. For self-produced, self-consumed rooftop solar power selling surplus electricity to the national power system or participating in a direct power purchase mechanism through a dedicated connection grid, the dossier shall comply with the following cases:

a) Clauses 1, 2, 6, 7, 8, 9, 10, 11, and Clause 13 of this Article for works with an installed capacity scale from 01 MW to under 10 MW;

b) Clauses 1 through 13 of this Article for works with an installed capacity scale of 10 MW or more;

c) Rooftop solar power development registration certificate.

16. In case of receiving the transfer of a power plant invested under the public-private partnership form applying the build-operate-transfer (BOT) contract type: Documents on the handover and receipt of project assets; written commitment from the organization requesting the re-grant of the electricity operation license that the contents of the electricity operation license specified in Clauses 2, 3, and Clause 4, Article 34 of the Electricity Law remain unchanged compared to the granted license, and the dossiers specified in Clauses 1, 2, 3, 4, and Clause 5 of this Article.

Article 9. Application dossier for grant of an electricity operation license in the field of electricity transmission

1. A written request for grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. An abstract list of the technical management team and the team directly involved in the operation, made according to Form No. 02 in the Appendix to this Decree.

4. Dossier of the technical manager: A university degree or higher; a declaration of the working process in the field of electricity transmission certified by the employer, made according to Form No. 03 in the Appendix to this Decree.

5. Dossier of the personnel directly involved in the operation:

a) Graduation diploma; certificate of substation operation suitable to the voltage level; electrical safety card;

b) Labor contract with the transmission grid management and operation unit.

6. A document approving the electricity development master plan, the plan for implementing the electricity development master plan, and the document adjusting the electricity development master plan or plan for implementing the electricity development master plan (if any) of the project requesting licensing.

7. An investment policy decision or investment registration certificate, the document approving the investment policy in accordance with regulations.

8. A decision approving the results of the environmental impact assessment report for projects subject to environmental impact assessment; the environmental license or environmental registration for projects not subject to environmental impact assessment.

9. An investment project approval document, the decision approving the technical design or the decision approving the construction drawing design for two-step design cases; the construction design appraisal document implemented after the basic design for works subject to construction design appraisal implemented after the basic design as prescribed; the layout drawing of the electricity transmission works.

10. An acceptance record of completed work items or construction works before being put into operation or use.

11. A document approving the results of the acceptance of completed work items or construction works for those subject to acceptance inspection by the competent state agency.

12. A document on land allocation or lease, water surface land, marine areas for project implementation by the competent state agency.

13. A document approving the results of fire prevention and fighting acceptance in accordance with regulations.

14. In case of sale, purchase, merger, or handover of electricity grid assets, there must be a record of asset handover. In case the electricity grid assets are jointly owned by multiple investors, there must be a written agreement or authorization from the owners to one unit for management and operation.

Article 10. Application dossier for grant of an electricity operation license in the field of electricity distribution

1. A written request for grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. An abstract list of the technical management team and the team directly involved in the operation, made according to Form No. 02 in the Appendix to this Decree.

4. Dossier of the technical manager: A university degree or higher; a declaration of the working process in the field of electricity distribution or transmission certified by the employer, made according to Form No. 03 in the Appendix to this Decree.

5. Dossier of the personnel directly involved in the operation:

a) Graduation diploma; certificate of substation operation suitable to the voltage level; electrical safety card;

b) Labor contract with the distribution grid management and operation unit.

6. The document approving the electricity supply network development plan in the provincial-level master plan, the plan for implementing the provincial-level master plan which includes the content on the electricity supply network development plan and adjustment decisions (if any) of the project requesting licensing.

7. Investment registration certificate or document approving the investment policy as prescribed, or the list of medium-voltage and low-voltage grids approved by the provincial-level People's Committee as prescribed at Point a, Clause 3, Article 13 of the Electricity Law

8. An investment project approval document, the decision approving the technical design or the decision approving the construction drawing design for two-step design cases; the construction design appraisal document implemented after the basic design for works subject to construction design appraisal implemented after the basic design as prescribed; the layout drawing of the electricity distribution works.

9. An acceptance record of completed work items or construction works before being put into operation or use.

10. A document approving the results of the acceptance of completed work items or construction works for those subject to acceptance inspection by the competent state agency.

11. A document on land allocation or lease, water surface land, marine areas for project implementation by the competent state agency (if any) or a route alignment agreement for the distribution grid.

12. Connection agreement to the national power system in accordance with regulations.

13. A document approving the results of fire prevention and fighting acceptance in accordance with regulations.

14. In case of sale, purchase, merger, or handover of electricity grid assets, there must be a record of asset handover. In case the electricity grid assets are jointly owned by multiple investors, there must be a written agreement or authorization from the owners to one unit for management and operation.

Article 11. Application dossier for grant of an electricity operation license in the field of electricity wholesaling

1. A written request for grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. An abstract list of the electricity wholesaling business management team, made according to Form No. 02 in the Appendix to this Decree.

4. Dossier of the electricity wholesaling business manager: A university degree or higher; a declaration of the working process in the field of electricity trading certified by the employer, made according to Form No. 03 in the Appendix to this Decree.

5. An electricity wholesaling plan, made according to Form No. 04 in the Appendix to this Decree.

Article 12. Application dossier for grant of an electricity operation license in the field of electricity retailing

1. A written request for grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. An abstract list of the electricity retailing business management team, made according to Form No. 02 in the Appendix to this Decree.

4. Dossier of the electricity retailing business manager: A university degree or higher; a declaration of the working process in the field of electricity trading certified by the employer, made according to Form No. 03 in the Appendix to this Decree.

5. An electricity retailing plan, made according to Form No. 04 in the Appendix to this Decree.

Article 13. Application dossiers for modification of electricity operation licenses

1. In case of modifying an electricity operation license under Point a, Clause 2, Article 32 of the Electricity Law, a dossier must comprise:

a) An application for modification of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree;

b) An enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant;

c) In case of a change in the name of the licensed organization due to project transfer, assignment, separation, or merger of the organization, in addition to the documents specified at Points a and b of this Clause, it is required to provide documents proving the transfer or assignment of assets, documents on the separation or merger of the organization and the transfer of the technical management team, business management team, and the team directly involved in the operation, or documents on the technical management team, business management team, and the team directly involved in the operation corresponding to the field of electricity activities as stipulated in Clauses 3, 4, and 5 of Article 8; Clauses 3, 4, and 5 of Article 9; Clauses 3, 4, and 5 of Article 10; Clause 3 and Clause 4 of Article 11; Clause 3 and Clause 4 of Article 12 of this Decree.

2. In case of modifying an electricity operation license under Point b, Clause 2, Article 32 of the Electricity Law, a dossier must comprise:

a) A written request of a competent State agency;

b) Documents relating to the request for modification of the electricity operation license to protect national defense, national security, socio-economic interests, and public interests.

3. In case of modifying an electricity operation license under Point c, Clause 2, Article 32 of the Electricity Law, a dossier must comprise:

a) An application for modification of the electricity operation license;

b) Documents related to the inaccurate contents recorded in the issued electricity operation license.

Article 14. Application dossiers for re-grant of electricity operation licenses in cases specified at Point a, Clause 3, Article 32 of the Electricity Law

1. An application for re-grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. A written commitment of self-responsibility from the organization regarding the loss of the electricity operation license in case of loss of the electricity operation license.

4. The original of the issued electricity operation license in case of damage to the electricity operation license.

Article 15. Application dossiers for re-grant of electricity operation licenses in cases specified at Points b and c, Clause 3, Article 32 of the Electricity Law

1. An application for re-grant of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A report on the maintenance of electricity operation conditions up to the time of requesting re-grant of the license for the corresponding field, made according to Forms No. 05a, 05b, and 05c in the Appendix to this Decree.

3. A written commitment from the organization requesting the re-grant of the electricity operation license that the contents of the electricity operation license specified in Clauses 2, 3, and Clause 4, Article 34 of the Electricity Law remain unchanged compared to the granted license.

4. In addition to the dossiers specified in Clauses 1, 2, and 3 of this Article, the application dossier for re-grant of the electricity operation license must comprise the following:

a) The documents specified in Clauses 2, 3, 4 and 5, Article 8 of this Decree, for the field of electricity generation;

b) The documents specified in Clauses 2, 3, 4 and 5, Article 9 of this Decree, for the field of electricity transmission;

c) The documents specified in Clauses 2, 3, 4 and 5, Article 10 of this Decree, for the field of electricity distribution;

d) The documents specified in Clauses 2, 3, and 4, Article 11 of this Decree, for the field of electricity wholesaling;

dd) The documents specified in Clauses 2, 3, and 4, Article 12 of this Decree, for the field of electricity retailing.

5. In cases specified at Point c, Clause 3, Article 32 of the Electricity Law, a dossier must comprise Clauses 1, 2, 3 and 4 of this Article, and documents proving the fulfillment of responsibilities and obligations as prescribed by law.

6. In case the term of the issued electricity operation license is as stipulated at Points b and c, Clause 4, Article 20 of this Decree, when requesting the re-grant of the electricity operation license, the dossier for each field shall comply with Articles 8, 9, 10, 11, and 12 of this Decree.

Article 16. Application dossiers for renewal of electricity operation licenses

1. An application for renewal of an electricity operation license, made according to Form No. 01 in the Appendix to this Decree.

2. A enterprise registration certificate; cooperative registration certificate or establishment decision (for organizations without an enterprise registration certificate) of the applicant.

3. Documents on the transfer of electricity assets or works, or the cessation of operation of the project for which the electricity operation license has been granted.

4. A report on the maintenance of electricity operation conditions up to the time of requesting renewal of the license for the corresponding field, made according to Forms No. 05a, 05b, and 05c in the Appendix to this Decree.

Article 17. Form of application dossiers for grant of electricity operation licenses

1. Organizations requesting the grant, modification, re-grant or renewal of electricity operation licenses shall submit one set of dossiers to the competent electricity operation licensing agency as prescribed in this Decree and shall be responsible for the accuracy and truthfulness of the dossier.

2. In case multiple organizations participate in electricity activities in the same specific field, there must be a written authorization for one representative organization to carry out the procedures for requesting the grant of electricity operation license.

3. In case an organization leases, assigns, or authorizes the operation management to another organization, a contract or relevant documents regarding the lease, assignment, or authorization for another organization to manage and operate shall be provided.

4. Forms of dossier submission:

a) Application dossiers for grant of electricity operation licenses under the licensing authority of the Ministry of Industry and Trade shall be submitted through the online Public Service Portal of the Ministry of Industry and Trade. In case the prescribed documents are not permitted to be sent via electronic information networks, they shall be submitted directly or via postal service;

b) Application dossiers for electricity operation licenses under the licensing authority of the provincial-level People's Committees shall be submitted directly or via postal service or online on the website of the electricity operation licensing agency (if any);

c) Documents submitted in the electronic environment shall be electronic copies from the originals. Documents submitted directly shall be originals or copies.

5. The issued electricity operation license shall consist of 03 originals: 01 copy shall be given to the licensed unit, and 02 copies shall be kept at the electricity operation licensing agency. The provincial-level People's Committee shall be responsible for sending 01 copy of the electricity operation license to the Ministry of Industry and Trade for monitoring and inspection in accordance with regulations.

Chapter IV

ORDER, PROCEDURES, AND COMPETENCE FOR GRANT, MODIFICATION, RE-GRANT, RENEWAL AND REVOCATION OF ELECTRICITY OPERATION LICENSES

Article 18. Order and procedures for grant, modification, re-grant, renewal and revocation of electricity operation licenses

1. Within 03 working days from the date of receipt of the dossier or the modified dossier, the electricity operation licensing agency shall be responsible for inspecting the completeness and validity of the dossier in accordance with Chapter III of this Decree and shall:

a) In case the dossier is complete and valid, proceed in accordance with Clause 2 and Clause 3 of this Article;

b) In case the dossier is incomplete and invalid, send a request for modifying the dossier to the organization requesting the electricity operation license;

c) In case the request for the electricity operation license is not under its competence or the requester is not subject to the electricity operation license requirement, reject the dossier and notify the organization requesting the electricity operation license, clearly stating the reasons.

2. In case of new issuance, within 14 days from the date of receipt of the complete and valid dossier, the electricity operation licensing agency shall be responsible for:

a) Appraising the dossier according to the conditions for granting the electricity operation license specified in Article 31 of the Electricity Law and Chapter II of this Decree; evaluating the dossier in accordance with Article 19 of this Decree and issuing a notice of electricity operation license appraisal fee collection; in case of necessity, sending a written request for opinions from relevant agencies and organizations, organizing on-site inspections at the works;

b) In case the dossier meets the conditions, proceeding in accordance with the provisions of Clause 5 of this Article;

c) In case the dossier fails to meet any of the conditions, rejecting the dossier and notifying the organization requesting the electricity operation license in writing, clearly stating the reasons.

3. In case of modification, renewal or re-grant, within 10 days from the date of receipt of the complete and valid dossier, the electricity operation licensing agency shall be responsible for proceeding in accordance with Points a, b, and c of Clause 2 of this Article.

4. In case of a complex dossier, the electricity operation licensing agency may extend the appraisal period specified in Clause 2 and Clause 3 of this Article, but not exceeding 10 days, and shall notify the organization requesting the electricity operation license in writing, clearly stating the reasons. The written notification shall be made before the expiration of the time limit specified in Clause 2 and Clause 3 of this Article.

5. In case the electricity operation license appraisal fee has been paid, the electricity operation license shall be issued within the time limit specified in Clause 2 and Clause 3 of this Article.

6. In case the organization requesting the electricity operation license fails to modify the dossier within 30 days from the date of the modification request or fails to pay the appraisal fee within 05 days from the date of the initial notification, the electricity operation licensing agency has the right to reject the dossier.

Article 19. Contents of dossier evaluation and appraisal of conditions for granting electricity operation licenses

1. An application dossier for a license shall be evaluated as complete and valid when all of the following conditions are satisfied:

a) The dossier is fully provided as prescribed;

b) The documents included contain sufficient information and follow the prescribed forms (if any);

c) The applicant is under the proper jurisdiction and subject to electricity operation licensing; and submits the license application to the competent licensing agency as prescribed;

d) The dossier meets the requirements specified in Clauses 1, 2, and 3, Article 17 of this Decree.

2. Contents of the appraisal of conditions for the grant of an electricity operation license shall include:

a) Examining the consistency of the organization's name and address between the application form and the organization's business registration;

b) Examining the conformity of the quantity, specialization, professional qualifications, and seniority of the technical management team, business management team, and the team directly involved in the organization's operation, meeting the provisions of this Decree;

c) Examining the conformity and consistency of the name of the works, project, investor, scale of capacity, and voltage level among the documents on acceptance, design, investment, and planning;

d) Examining the conformity and consistency of the main technical parameters and technology of the work items and works among the documents on acceptance and design;

dd) Examining the completeness of the contents and supporting documents of the electricity wholesaling and retailing plan;

e) Examining the consistency of the project implementation location among the relevant dossiers and documents compared to the project implementation location in the document on allocation or lease of land, water surface land, marine area of the competent state agency;

g) Examining the conformity of the appraisal and approval competence and the consistency of contents in the dossiers and documents requesting the license.

3. In case of a change in the name of the licensed organization due to project transfer, separation, or merger of the organization, the appraisal and evaluation of the contents specified t Points a, b, and g of Clause 2 of this Article shall be carried out.

4. Re-appraisal and evaluation of the contents in Points b, c, d, dd, and e, Clause 2 of this Article shall not be carried out in the cases of license issuance specified in Clauses 2 and 4, Article 32 of the Electricity Law, except for the case specified in Clause 3 of this Article.

5. Re-appraisal and evaluation of the contents in Points c, d, dd, and e, Clause 2 of this Article shall not be carried out in the cases of license issuance specified at Point b, Clause 3, Article 32 of the Electricity Law, except for the case specified in Clause 3 of this Article, Clause 6 of Article 15, and Clause 2 of Article 27 of this Decree.

Article 20. Term of the electricity operation license

1. The term of an electricity operation license is prescribed as follows:

a) The term of the electricity operation license in the field of electricity generation and the field of electricity transmission is 20 years;

b) The term of the electricity operation license in the field of electricity distribution, electricity wholesaling, and electricity retailing is 10 years.

2. The term of the electricity operation license issued shall be the same as the term of the previous license in the cases specified in Clause 2 and Points a and c, Clause 3, Article 32 of the Electricity Law.

3. The term of the electricity operation license in the case of renewal shall not exceed the time of transfer of electricity assets or works, or the time the project ceases operation.

4. Cases where the electricity operation license is issued for a term shorter than that specified in Clause 1 of this Article:

a) If the remaining operating term of the electricity generation, transmission, or distribution project or work is shorter than the that specified in Clause 1 of this Article, it shall be issued according to the remaining operating term of the electricity generation, transmission, or distribution project or work;

b) In case the work items or works are accepted with conditions for putting the work items or works into operation and use, or a part of the construction works has been completed and meets the conditions for temporary operation in accordance with the construction law;

c) Based on the actual conditions of the electricity work items and the electricity wholesaling and retailing plan, the electricity operation licensing agency has the right to issue an electricity operation license with a term shorter than that specified in Clause 1 of this Article;

d) If the organization requests a term for the electricity operation license shorter than the term specified in Clause 1 and Clause 3 of this Article, it shall be issued according to the requested term, except for the cases specified at Points a, b, and c of this Clause.

Article 21. The capacity exempted from electricity operation licenses

1. Electricity generation works for self-use, not selling electricity to other organizations or individuals:

a) No limit on capacity scale for works not connected to the national power system;

b) Installed capacity under 30 MW for works connected to the national power system.

2. Installed capacity under 01 MW for electricity generation works selling electricity to other organizations or individuals is exempt from an electricity operation license in the field of electricity generation.

3. Electricity business in rural, mountainous, border, and island areas purchasing electricity with a capacity under 100 kVA from the electricity distribution grid to sell electricity directly to electricity consumers in rural, mountainous, border, and island areas is exempt from an electricity retail license.

Article 22. Competence to grant electricity operation licenses

1. The Ministry of Industry and Trade shall assign the Electricity Regulatory Authority to grant electricity operation licenses in the following cases:

a) Electricity generation activities of nuclear power plants, offshore wind power plants, power plants in an area from 02 or more provincial-level administrative units regardless of capacity scale, and plants with a capacity scale according to the approved master plans and plans for implementing the approved master plans: from 50 MW or more for onshore and nearshore wind power plants, solar power plants; from 15 MW or more for waste-to-energy power plants, biomass power plants; from 05 MW or more for other power sources, except for rooftop solar power generation activities;

b) Electricity transmission activities;

c) Electricity distribution activities with an operating scope in an area from 02 or more provincial-level administrative units or with a voltage level scale from 110 kV or higher;

d) Electricity wholesaling and retailing activities with an operating scope in an area from 02 or more provincial-level administrative units or with a voltage level scale from 22 kV or higher;

dd) Organizations requesting licenses for multiple fields, including fields of operation under the licensing competence of the Ministry of Industry and Trade and the provincial-level People's Committees;

e) The scope of the competitive electricity wholesaling and retailing market is within an area from 02 or more provinces.

2. Except for the cases specified in Clause 1 of this Article, the provincial-level People's Committees or specialized agencies under the provincial-level People's Committees authorized to grant electricity operation licenses in the following cases:

a) Electricity generation activities with a capacity scale according to the approved master plans and plans for implementing the approved master plans: under 50 MW for onshore and nearshore wind power plants, solar power plants; under 15 MW for waste-to-energy power plants, biomass power plants; under 05 MW for other types of power sources; no limit on capacity scale for rooftop solar power;

b) Electricity distribution activities with a voltage level scale under 110 kV;

c) Electricity wholesaling and retailing activities with a voltage level scale under 22 kV.

3. Agencies competent to grant electricity operation licenses as specified in Clause 1 and Clause 2 of this Article are competent to modify, re-grant, renew, and revoke the issued electricity operation licenses.

Article 23. Revocation of electricity operation licenses

1. An electricity operation license shall be revoked in the following cases:

a) The cases specified at Points a, c, d, dd and e, Clause 1, Article 36 of the Electricity Law;

b) Failure to ensure the conditions for electricity operation licensing as specified in Clauses 2, 3, and 6, Article 3; Clauses 2, 3, and 6, Article 4; Clauses 2 and 3, Article 5; Clause 3, Article 6; Clause 3, Article 7 of this Decree.

2. Dossier for revocation of electricity operation license:

a) A written request for revocation of the electricity operation license for the case specified at Point a, Clause 1, Article 36 of the Electricity Law;

b) A document from the competent state agency serving as the basis for determining that the electricity operation license falls under the case of revocation as prescribed at Points b, c, d, dd, and e, Clause 1, Article 36 of the Electricity Law.

3. Order and procedures for revocation of electricity operation license:

a) Within 10 days from the time there is a basis for determining that the electricity operation license falls under the case specified in Clause 1 of this Article, the agency competent to revoke the electricity operation license shall consider issuing a decision on revocation of the electricity operation license according to Form No. 06 in the Appendix to this Decree;

b) Within 5 working days from the date of issuance of the decision on revocation of the electricity operation license, the revoking agency shall send the decision on revocation of the electricity operation license to the organization whose license is revoked, the Ministry of Industry and Trade, the provincial-level People's Committee where the organization is registered and conducts electricity activities, and the relevant electricity entity;

c) Within 5 working days from the date of receipt of the decision on revocation of the electricity operation license, the organization whose license is revoked shall be responsible for returning the original electricity operation license to the agency that issued the revocation decision.

4. Responsibility of organizations having electricity operation licenses revoked

a) Ensuring safety for works and work items during the period on which the electricity operation license is revoked;

b) Ensuring operation upon request of the competent state management agency to maintain electricity supply security when necessary;

c) Ensuring electricity supply to electricity consumers during the period in which the competent state management agency considers re-issuing the electricity operation license for the field and scope of the revoked license.

Article 24. Responsibility of electricity operation license-issuing agencies

1. To receive, appraise, inspect, and manage application dossiers for the grant and revocation of electricity operation licenses under their competence.

2. To settle complaints and denunciations related to electricity operation licenses under their competence.

3. To inspect the maintenance of conditions for electricity activities as prescribed in the granted licenses.

4. The Ministry of Industry and Trade shall be responsible for inspecting and supervising electricity operation license-issuing agencies and organizations participating in electricity activities regarding their compliance with regulations on the grant, modification, re-grant, renewal, and revocation of electricity operation licenses in accordance with the Electricity Law and this Decree.

5. Provincial-level People’s Committees shall be responsible for inspecting and supervising organizations granted with electricity operation licenses under their licensing competence, regarding the maintenance of conditions for electricity activity licensed as prescribed in the Electricity Law and this Decree.

6. Before March 1 every year, provincial-level People’s Committees shall report to the Ministry of Industry and Trade on the grant of electricity operation licenses in their respective localities in the previous year, using Form 07 provided in the Appendix to this Decree.

Article 25. Responsibility of organizations granted with electricity operation licenses

1. To fulfill the obligations prescribed in Clause 2, Article 58 of the Electricity Law and other obligations as provided by law.

2. Within 30 days from the date of changing the name or head office address in the enterprise registration certificate, cooperative registration certificate, or establishment decision (for organizations not possessing an enterprise registration certificate) as stated on the issued electricity operation licenses, the licensed organization shall carry out procedures for modification of the granted electricity operation licenses.

3. In case of a reduction in the field of electricity activities or discovery of errors in the contents of the granted electricity operation license, the licensed organization shall carry out procedures for modification of the granted license.

4. To pay the appraisal fee for electricity operation license issuance within 10 days from the date of notification by the license-issuing agency.

5. To be subject to inspection and supervision, and comply with decisions issued by competent state management agencies regarding the use of the electricity operation license and fulfillment of electricity activity conditions in accordance with law.

6. To the original electricity operation license at the head office of the electricity entity and a copy at its transaction office.

7. Reporting responsibility:

a) Before March 1 each year, the licensed organization or the directly managing and operating entity shall submit a report to the license-issuing agency and the provincial-level People’s Committee in the locality of operation, on the status of the licensed activities during the preceding year, using Forms 05a, 05b, and 05c provided in the Appendix to this Decree, either in person or via postal service;

b) To report and provide complete and accurate information upon request by the license-issuing agency or other competent state management agencies.

8. Responsibilities for the management and operation of power plants, transmission and distribution works in cases of lease, subcontracting, or delegated operation management of the power plants:

a) The project owner of the power plant, transmission or distribution works shall be responsible for all obligations related to the investment and operation of such power plant and works in accordance with law;

b) The entity leased, assigned, or authorized to manage and operate the power plant, transmission or distribution work shall be responsible for fully performing obligations related to the operation of such plant or work in accordance with relevant laws.

Chapter V

IMPLEMENTATION PROVISIONS

Article 26. Effect

1. This Decree takes effect from the date of its signing for promulgation.

2. To annul Articles 29 thru 47 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, which had a number of articles amended and supplemented under the Government's Decree No. 08/2018/ND-CP dated January 15, 2018, and Decree No. 17/2020/ND-CP dated February 5, 2020 (hereinafter referred to as Decree No. 137/2013/ND-CP).

3. In case of a request for amending and supplementing the electricity operation license due to changes in name, head office address, or transfer of assets of the licensed entity, the granted electricity operation license shall remain valid until a new electricity operation license is issued.

Article 27. Transitional provisions

1. Electricity entities granted electricity operation licenses in the fields of electricity transmission or electricity distribution before the effective date of this Decree may continue their operation until the expiry dates stated in their electricity operation licenses, within the scope of grid management and operation that has been accepted for completion prior to the effective date of this Decree. In case electricity transmission or distribution works have not yet been accepted for completion prior to the effective date of this Decree, the provisions of this Decree shall apply.

2. Where an electricity operation license granted before the effective date of this Decree has a validity period shorter than the maximum term specified in the guiding documents of the Electricity Law No. 28/2004/QH11, upon request for regrant of such license, the application dossier for each field shall comply with Articles 8, 9, 10, 11, and 12 of this Decree, except for electricity generation projects that have been licensed and operated for 10 years or more.

3. In cases where an organization has submitted a complete and valid application dossier for the grant, or modification of an electricity operation license to the licensing agency before the effective date of this Decree but has not yet been granted such license, the licensing shall be carried out in accordance with the ’s Decree No. 137/2013/ND-CP dated October 21, 2013, and its guiding documents.

4. The agency competent to grant electricity operation licenses specified in Article 22 of this Decree may re-grant, modify, renew, or revoke electricity operation licenses granted before the effective date of this Decree.

Article 28. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees and concerned organizations and individuals shall implement this Decree.

* All Appendices are not translated herein.