Decree No. 103/2004/ND-CP dated March 01, 2004 of the Government on organization and operation of the Electricity Inspectorate

DECREE

ON ORGANIZATION AND OPERATION OF THE ELECTRICITY INSPECTORATE

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 1991;

Pursuant to the Inspection Ordinance of April 1, 1990;

At the proposal of the Industry Minister,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.- Position and functions of the Electricity Inspectorate

The Electricity Inspectorate is the inspectorate specialized in electricity and performs the function of inspection in the electricity domain.

Article 2.- Objects of the Electricity Inspectorate

Objects of the Electricity Inspectorate are domestic and foreign organizations and individuals engaged in electricity activities or using electricity within the territory of the Socialist Republic of Vietnam (hereinafter referred collectively to as organizations and individuals engaged in electricity activities or using electricity).

Article 3.- Principles for operation of the Electricity Inspectorate

1. Operation of the Electricity Inspectorate must strictly comply with law provisions and at the same time ensure accuracy, objectivity, publicity, democracy and promptness; and not impede normal operation of inspected objects.

2. No organization or individual is allowed to illegally intervene in the operation of the Electricity Inspectorate.

Article 4.- Responsibilities and obligations of organizations and individuals

Organizations and individuals engaged in electricity activities or using electricity as well as relevant organizations and individuals shall have to fully respond to the requests of the Electricity Inspectorate according to the provisions of this Decree and other relevant law provisions; and be obliged to observe and create all necessary conditions for convenient and effective operation of the Electricity Inspectorate.

Chapter II

ORGANIZATION, TASKS AND POWERS OF THE ELECTRICITY INSPECTORATE

Article 5.- Organization of the Electricity Inspectorate

The Electricity Inspectorate is organized to consist of:

1. The Electricity Inspectorate of the Industry Ministry (hereinafter referred to the Ministry’s Electricity Inspectorate);

2. The electricity inspectorates of the Industry Services of the provinces or centrally-run cities (hereinafter referred collectively to as the Services’ electricity inspectorates).

Article 6.- The Ministry’s Electricity Inspectorate

1. The Ministry’s Electricity Inspectorate is a section of the Industry Ministry’s Inspectorate, and performs the function of specialized electricity inspection nationwide.

2. The Ministry’s Electricity Inspectorate is composed of:

- The chief inspector;

- The deputy-chief inspector;

- Inspectors.

a/ The Ministry’s chief inspector shall concurrently act as the Ministry’s electricity chief inspector.

b/ The Ministry’s electricity chief inspector shall be assisted by the deputy chief inspector, who is specialized in electricity inspection.

The Ministry’s electricity deputy chief inspector shall be appointed or dismissed by the Industry Minister at the proposal of the chief inspector.

3. The Ministry’s Electricity Inspectorate shall have its own bank account and be entitled to use the seal of the Industry Ministry’s Inspectorate.

Article 7.- The Services’ electricity inspectorates

1. The Services’ electricity inspectorates are sections of the Industry Services’ inspectorates and perform the function of specialized electricity inspection in the provinces and centrally-run cities.

2. A Service’s electricity inspectorate is composed of:

- The chief inspector;

- The deputy-chief inspector;

- Inspectors.

a/ The Industry Services’ chief inspectors shall concurrently act as the Industry Services’ electricity chief inspectors.

b/ The Services’ electricity chief inspectors shall be assisted by deputy-chief inspectors, who are specialized in electricity inspection work.

The Services’ electricity deputy-chief inspectors shall be appointed or dismissed by the directors of the Industry Services at the proposals of the Industry Services’ chief inspectors.

3. The Services’ electricity inspectorates shall have their own bank accounts and be entitled to use the seals of the Industry Services’ inspectorates.

Article 8.- Tasks of the Electricity Inspectorate

1. To inspect the observance of the legislation on electricity activities and electricity use by organizations and individuals according to the State management tasks of the heads of the agencies of the same level; to prevent and combat corruption in the domain of electricity activities and use.

2. To receive citizens, accept written complaints and denunciations in the domain of electricity activities and use; to study and propose solutions to help the heads of the agencies of the same level promptly settle such complaints and denunciations according to law provisions.

3. To coordinate with other State management agencies and economic and socio-political organizations in the propagation and education of the law observance and in the course of inspecting electricity activities and electricity use.

4. To guide and examine agencies and units under the State management of the heads of the agencies of the same level in observing the State’s regulations on inspection, settlement of complaints and denunciations and reception of citizens in the domain of electricity activities and electricity use.

5. To work out plans on inspection of, and settlement of complaints and denunciations about electricity activities and electricity use, then submit them to the heads of their managing agencies for approval and implementation organization.

6. To implement the regime of reporting on inspection according to regulations.

7. To abide by and be held responsible before law for all acts and decisions in the domain of inspection of electricity activities and electricity use.

8. To observe the regulations on protection of State secrets in the course of inspection of electricity activities and electricity use.

9. The Ministry’s Electricity Inspectorate shall provide professional guidance and directions to the Services’ electricity inspectorates.

Article 9.- Powers of the Electricity Inspectorate

1. To request the inspected objects to supply documents, report in writing or answer questions on necessary matters directly related to the inspection.

2. To request concerned organizations and individuals to supply necessary information in service of inspection work.

3. In case of necessity, with consents of the heads of superior agencies, to request the concerned agencies and units to designate their persons to join or coordinate with it in inspection.

4. To acquire expertises, collect and verify evidences related to the inspection contents.

5. To decide on sealing documents; distrain or confiscate material evidences according to law provisions when having enough legal grounds to confirm that such material evidences are means and instruments used to commit acts of violating the legislation on electricity activities and electricity use.

6. To stop the operation of organizations and individuals engaged in electricity activities or using electricity, or those committing acts of infringing upon electricity works, thus causing dangers to human life, damage to the State’s or the people’s properties or bad impacts on the environment.

7. To serve warnings on individuals who intentionally and illegally obstruct inspection activities of inspection teams or inspectors or propose competent authorities to suspend them from work.

8. To suspend the execution of decisions on disciplining or job transfer of persons who are currently collaborating with the Electricity Inspectorate or subject to the inspection if deeming that the execution of such decisions impedes the inspection.

9. To sanction administrative violations falling under its competence according to law provisions.

10. To transfer dossiers of law violation cases to competent criminal investigation agencies for handling if detecting criminal signs.

11. To propose measures to secure the enforcement of other law provisions on electricity activities and electricity use; to propose competent agencies to handle other relevant violations.

Article 10.- Tasks and powers of electricity chief inspectors

1. Tasks and powers of the Ministry’s electricity chief inspector:

a/ To direct and organize his/her unit in strictly performing the tasks and exercising the powers of the Electricity Inspectorate prescribed in Articles 8 and 9 of this Decree;

b/ To organize the performance of planned periodical inspections or unexpected inspections as assigned by the Industry Minister;

c/ To sanction administrative violations falling under his/her competence according to law provisions;

d/ To perform other tasks assigned by the Industry Minister.

2. Tasks and powers of the Services’ electricity chief inspectors:

a/ To direct and organize their units in strictly performing the tasks and exercising the powers of the Electricity Inspectorate prescribed in Articles 8 and 9 of this Decree within their respective provinces or centrally-run cities;

b/ To organize the performance of planned periodical inspections or unexpected inspections as assigned by the Industry Services’ directors;

c/ To sanction administrative violations falling under their competence according to law provisions;

d/ To perform other tasks assigned by the Industry Services’ directors.

Article 11.- Electricity inspectors

1. Criteria of electricity inspectors:

a/ Having good political qualities and sense of responsibility; being honest, fair and objective;

b/ Possessing university degree in electricity;

c/ Having knowledge about legal matters, economic management and State management according to law provisions;

d/ Having worked in the electricity domain or professional inspection for at least two years;

e/ Having good health.

3. The appointment and dismissal of electricity inspectors shall comply with law provisions on inspection.

4. Electricity inspectors shall have insignias, badges, uniforms and inspector’s cards as prescribed by the State General Inspector and the Industry Minister.

The use of insignias, badges, uniforms and inspector’s cards of electricity inspectors shall comply with law provisions on inspection.

5. Electricity inspectors are entitled to enjoy salaries and other benefits provided for by law provisions on inspection.

Chapter III

RIGHTS AND OBLIGATIONS OF INSPECTED OBJECTS

Article 12.- Rights of inspected objects

1. To refuse the inspection or examination in cases where such inspection or examination contravenes law provisions.

2. To lodge complaints about or denunciations against law-breaking acts of inspection teams or inspectors in the course of inspection according to law provisions.

3. To claim and enjoy compensations for damage caused by unlawful handling decisions of inspection teams or inspectors according to law provisions.

Article 13.- Obligations of inspected objects

1. To satisfy requests of, and create conditions for, electricity inspection teams or electricity inspectors to perform their tasks.

2. To supply information and documents related to inspection contents, and promptly make reports at requests of persons tasked to conduct inspection or examination.

3. To respond to requests and abide by decisions, recommendations and conclusions of the Electricity Inspectorate of all levels.

Chapter IV

INSPECTION REGIME AND PROCEDURES

Article 14.- Regime of electricity inspection

1. Periodical inspections under the already approved plans.

2. Unexpected inspections upon detecting signs of law violations or violations which may cause unsafety to the operation of electricity works, cause dangers to human life or damage to the State’s and citizens’ properties.

Article 15.- Competence to issue decisions on inspection and setting up of inspection teams

1. Decisions on inspection and setting up of the Ministry’s electricity inspection teams shall be issued by the Industry Minister or the Industry Ministry’s chief inspector.

2. Decisions on inspection and setting up of the Services’ electricity inspection teams shall be issued by the Industry Services’ directors or the Services’ chief inspectors.

In case of necessity, the Industry Services’ directors shall propose the presidents of the People’s Committees of the provinces and centrally-run cities to issue decisions on inspection and setting up of inspection teams.

Article 16.- Contents of inspection decisions

1. Legal grounds for inspection.

2. Inspection contents, requirements, objects and scope.

3. Inspection time and duration.

4. Composition of inspection teams, rights and responsibilities of inspection teams.

5. Rights and obligations of inspected objects.

Article 17.- Inspection duration

1. The inspection duration depends on the seriousness of inspected cases but must not exceed 30 days. For complicated cases which cannot be concluded after the time limit of 30 days, the inspection decision issuers may extend the inspection duration. The inspection duration extension shall not exceed 30 days.

2. The inspection duration shall be determined to last from the date of publicizing inspection decisions till the date of publicizing inspection conclusions.

Article 18.- Notification of inspection

The agencies which issue inspection decisions must notify such to the inspected objects at least seven days before the inspection is conducted (except for the case of unexpected inspection). Inspection decisions must be handed to the inspected objects before the inspection is conducted.

Article 19.- Conducting of inspections

1. When conducting inspections, the inspection teams or inspectors must publicize the inspection decisions or produce inspector’s cards.

2. They shall have to strictly comply with the requirements, contents and durations inscribed in the inspection decisions.

3. They shall have to strictly comply with the inspection order and procedures, without causing troubles to, or obstructing normal operations of, the inspected objects.

Article 20.- Emergency cases

In cases where organizations and individuals are detected to have committed acts of violating the regulations on electricity activities or electricity use and causing serious consequences, such as causing incidents which make the operation of electricity systems unsafe, causing dangerous accidents to people, damaging the State’s or people’s properties, stealing electricity or other acts of administration violation as prescribed by law, the electricity chief inspectors, deputy-chief inspectors or inspectors shall be allowed to produce their inspector’s cards and take necessary actions according to their respective competence to stop such violation acts, but later they shall have to carry out the inspection procedures according to the provisions of this Decree.

Article 21.- Draft inspection conclusions

1. Heads of inspection teams shall have to make draft inspection conclusions on the already inspected contents upon the expiry of the inspection duration. Draft inspection conclusions must be notified to the inspected objects and recorded in writing with signatures of the inspection teams’ heads and competent representatives of organizations or individuals being inspected objects.

2. In cases where competent representatives of organizations or individuals being inspected objects disagree with the contents of draft inspection conclusions of the inspection teams, they may explain their opinions to the inspection teams. Explained opinions shall be inscribed in the inspection written records and examined and handled by the inspection decision issuers.

3. Within 20 days after the publicization of the draft inspection conclusions, the inspection teams must make official conclusions.

Article 22.- Inspection conclusions

1. Inspection conclusions must be sent to the inspected objects, inspection decisions issuers, and directly related organizations and individuals stated in the inspection decisions, and sent in full texts or excerpts to the concerned objects (if so requested).

2. Within 15 days after receiving the inspection conclusions, the inspection decision issuers shall have to consider, decide to handle or propose competent authorities to handle.

Article 23.- Completion of inspection

Upon the completion of inspection, the heads of the inspection teams shall have to compile complete dossier sets comprising inspection conclusions, written records and other relevant documents, then report them to the inspection decision issuers.

Article 24.- Post-inspection handling decisions

Post-inspection handling decisions must be executed by the inspected objects within 30 days. Execution results must be reported in writing to the inspection decision issuers. Past the time limit of 30 days, if the inspected objects fail to abide by the inspection conclusions, they shall be coerced to do so and have to bear all expenses for coercion according to law provisions.

Chapter V

COMMENDATION AND HANDLING OF VIOLATIONS

Article 25.- Commendation

Organizations and individuals that record achievements in electricity inspection activities shall be commended according to law provisions.

Article 26.- Handling of violations

Individuals who abuse their positions and powers to violate the provisions of this Decree or infringe upon the legitimate rights and interests of organizations or individuals engaged in electricity activities or using electricity, obstruct activities of the Electricity Inspectorate, bribe or revenge inspectors, or revenge persons who have complained or denounced them shall, depending on the seriousness of their violations, be disciplined, administratively sanctioned or examined for penal liability. If causing damage, they must pay compensations therefor according to law provisions.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 27.- Implementation effect

This Decree takes effect 15 days after its publication in the Official Gazette. The previous stipulations which are contrary to this Decree shall all be hereby annulled.

Article 28.- Organization of implementation

The ministers, the heads of the ministerial-level agencies, the heads of the Government-attached agencies and the presidents of the People’s Committees of the provinces and centrally-run cities shall have to implement this Decree.