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

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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
Issuing body: GovernmentEffective date:
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Official number:137/2013/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:Updating
Issuing date:21/10/2013Effect status:
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Fields:Electricity , Industry , Justice

SUMMARY

CONDITIONS APPLIED TO SIGN SALES AND PURCHASE CONTRACT OF DOMESTIC ELECTRICITY

On October 21, 2013, the Government  issued Decree No. 137/2013/ND-CP on detailing implementation of several articles of the Electricity Law and the Law on amending and supplementing several articles of the Electricity Law and regulating several conditions for sales and purchase contract of domestic electricity.

Specifically, electricity seller has a distribution power grid eligible for electricity supply, meeting the demand of electricity purchaser; the electricity purchaser must have full civil act capacity as prescribed by law and must have a request for electricity purchase enclosed with copy of one of the following papers: Permanent residence book or temporary residence book, certificate of house ownership or decision on house allocation; valid contract of house purchase and sale; contract of house rent with duration of 01 year or more…

The electricity purchaser is customer who uses electricity with average consumption electricity yield of 1,000,000 kWh/month or more and  perform guarantee measures for implementation of contract before contract of electricity purchase and sale comes into effect. Value to guarantee implementation of contract is agreed by parties, but does not exceed 15-day electricity charge, calculated on the basis of monthly average consumption electricity yield registered in contract of electricity purchase and sale and the applied price of normal-hour electric power.

Voltage and frequency for electricity use must ensure the following standards: In normal conditions, the permitted difference of voltage is about ± 5% in comparison with nominal voltage of power grid; the permitted frequency difference of electrical system is about ± 0,2Hz in comparison with nominal frequency of 50Hz…

This Decree takes effect on December 10, 2013.
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Effect status: Known

THE GOVERNMENT

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

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the December 3, 2004 Electricity Law and the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Electricity Law;

At the proposal of the Minister of Industry and Trade,

The Government promulgates the Decree detailing a number of articles of the Electricity Law and the Law Amending and Supplementing a Number of Articles of the Electricity Law.

Article 1. Scope of regulation

This Decree details a number of articles of the Electricity Law and the Law Amending and Supplementing a Number of Articles of the Electricity Law on planning and investment in electricity development; management of electricity demand; electricity purchase and sale; electricity prices; electricity activity licenses; regulation of electricity activities; and examination of electricity activities and use.

Article 2. Organization of adjustment of electricity development master plans

1. Electricity development master plans must be adjusted every five years or before schedule in order to timely meet changing requirements of socio-economic development.

2. The Ministry of Industry and Trade shall formulate and approve the outlines and cost estimates for the adjustment of the national electricity development master plan, including funding for appraisal and publicization; and register state budget plans for the adjustment of the master plan under regulations.

3. Provincial-level People’s Committees shall organize the formulation and approval of the outlines and cost estimates for the adjustment of provincial-level electricity development master plans in the localities, including funding for appraisal and publicization; and arrange local budget plans for the adjustment of the master plans under regulations.

Article 3. Management, implementation of electricity development master plans

1. The Ministry of Industry and Trade shall:

a/ Perform the state management of electricity development master plans; guide the formulation of annual electricity development investment plans based on the approved electricity development master plans;

b/ Publicize the national electricity development master plan, including approved adjusted master plans;

c/ Assume the prime responsibility for, and coordinate with other ministries and sectors and provincial-level People’s Committees in, devising mechanisms and solutions to implement the electricity development master plans for submission to the Prime Minister;

d/ Supervise and examine the implementation of the national electricity development master plan;

dd/ Annually review and assess the results,  impacts and effects of the implementation of the national electricity development master plan to be reported to the Prime Minister.

2. Provincial-level People’s Committees shall:

a/ Publicize provincial-level electricity development master plans, including approved adjusted master plans.

b/ Arrange land funds under the local land use master plans for electricity projects in the national electricity development master plan and approved provincial-level electricity development master plans;

c/ Assume the prime responsibility for, and coordinate with investors in, ground clearance, compensation, population relocation, and resettlement for power projects;

d/ Supervise and examine the implementation of provincial-level electricity development master plans in the localities;

dd/ Annually review and assess the results, impacts and effects of the implementation of the provincial-level electricity development master plans to be reported to the Ministry of Industry and Trade.

3. Electricity project investors shall:

a/ Provide timely and sufficient funds for units to compensate, relocate and resettle residents affected by power projects;

b/ Submit dossiers related to the allocation of land for the site, safety corridors, workers’ housing areas and resettlement areas of power projects to provincial-level People’s Committees;

c/ Coordinate with units decided by competent state agencies to carry out compensation, relocation and resettlement in conducting compensation, relocation and resettlement assistance and ground clearance;

d/ Make annual reports on the implementation of projects to competent state agencies managing the implementation of electricity development master plans.

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