Decree No. 14/2014/ND-CP dated February 26, 2014 of the Government detailing the implementation of the Electricity Law regarding electricity safety

DECREE

Detailing the implementation of the Electricity Law regarding electricity safety[1]

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

Pursuant to the Electricity Law of December 3, 2004, 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 regarding electricity safety.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation and subjects of application

1. This Decree details a number of articles of the Electricity Law regarding electricity safety, including safety in electricity generation, electricity transmission, electricity distribution, use of electricity in production; and compensation for, and support in, houses, constructions, land and trees in safety protection corridors of overhead electricity transmission lines upon the construction of high-voltage power grid works.

2. This Decree applies to organizations and individuals involved in electricity activities, electricity use or other electricity-related activities in Vietnam. Where treaties which the Socialist Republic of Vietnam signs or accedes to contain provisions other than those of this Decree, such treaties shall prevail.

Article 2.Interpretation of terms

In this Decree, the terms below are construed as follows:

1. High-voltage power grid works include high-voltage power grids and high-voltage power grid safety protection corridors, applicable to power grids at 6 kV or above.

2. Residential area means the existing geographical area where households live or are expected to move in under an approved master plan. Geographical areas not inhabited by households through which people or motor vehicles may travel, rice fields and tree-planted hills are not regarded as residential areas.

3. Regularly crowded places include marketplaces, public squares, hospitals, schools, trade fair and exhibition centers, trade centers, entertainment and recreation zones, railway stations, car terminals and other public works.

4. Maximum sag of electricity transmission lines means the calculated state of transmission lines when they are under the most severe impacts of influencing elements such as electric current running through transmission lines, temperature of surrounding environment and wind load.

Article 3.General provisions on safety of electric equipment and electricity works

1. The design and manufacture of equipment, and the construction of electricity works must comply with national standards and technical regulations or foreign and international standards permitted for application in Vietnam by competent state agencies and must satisfy the following requirements on:

a/ Electricity safety;

b/ Construction safety;

c/ Technological safety in the use of primary energy sources (hydraulic energy, coal, petroleum, natural gas and energy of other types);

d/ Safety in fire and explosion prevention and fighting;

dd/ Regulations on environmental protection.

2. New home-made or imported electric equipment and electrical instruments must have quality certificates or goods labels and quality registrations conformable with standards, technical regulations and other relevant provisions of law; be enclosed with manuals showing technical specifications, properties, utility as well as other notable contents to instruct users against electricity incidents and accidents.

Article 4.Prohibited acts

1. Stealing or undoing fastening wires, earth wires and equipment of power grids; climbing up electric posts, entering power stations or electricity work safety protection zones without permission.

2. Using high-voltage power grid works for other purposes without consent of high-voltage power grid work management units.

3. Flying kites or other objects near high-voltage power grid works, thus likely to cause electricity grid incidents.

4. Installing wave-receiving and -transmitting antennas; outdoors washing lines; scaffolds; advertisement boards or light boxes and other objects at places where they can hit high-voltage power grid works when they collapse or fall.

5. Planting trees or putting trees within the safety distance for overhead electricity transmission lines or power stations.

6. Shooting birds on electricity transmission lines or power stations or throwing or hurling any objects on electricity transmission lines or power stations.

7. Digging ground, thus making high-voltage power grid works or power stations sink or collapse.

8. Heaping soil, placing materials and equipment or dumping wastes in the safety distance.

9. Using electric posts or power stations to build houses, huts or stalls, or tie cattle, or for other purposes.

10. Blasting or opening mineral mines; arranging or storing flammables, explosives, or chemicals which may corrode or damage components of power grid works.

11. Burning off land for cultivation, using construction machines which cause vibration, damage or incidents to power grid works, power stations or power plants.

12. Operating flying craft less than 100 m close to the nearest component of high-voltage power grid works, excluding permitted flying craft which perform the tasks of management, maintenance or repair of electricity transmission lines according to regulations.

13. Letting trees fall on electricity lines when felling or trimming trees or abusing the protection or repair of high-voltage power grid works to fell trees.

14. Other violations of the regulations on safety protection of high-voltage power grid works.

Chapter II

ELECTRICITY SAFETY

Article 5.General requirements on safety in electricity generation, transmission, distribution and use for production

1. For power plants, power stations, transmission lines, which are ready for operation

a/ Investors must fully possess technical design, construction drawing design, construction and installation completion documents and other technical documents as prescribed by the law on construction and transfer them to the operation management units;

b/ Power plant, power station or transmission line investors shall test and adjust every part and the whole of the system of equipment in the electricity generation, transmission and distribution technological lines in order to ensure their conformity with set standards, technical regulations and parameters in the approved designs. The test and adjustment dossiers shall be included in the records of take-over tests of every part and the whole of projects.

2. While operating overhead electricity transmission lines running through residential areas and regularly crowded places, not to load the lines in excess of the prescribed standards and norms.

3. To possess adequate documents on electricity safety standards and technical regulations, manuals on the process, internal rules and measures to organize implementation of electricity safety regulations at offices and enterprises on the basis of the current standards and technical regulations on electricity safety. To establish and manage files, records and technical documents related to electric equipment according to regulations.

4. At operation locations  there must be processes of equipment operation and handling of electricity incidents; power grid diagrams, fire prevention and fighting rules, operation logbook, personal safety protection tools and equipment, restriction signs, signboards and other tools and means according to regulations.

5. Workers performing the operation, tests, construction and installation, and repair of transmission lines or electric equipment must fully satisfy the following conditions:

a/ Having been trained in technical skills as required by their occupations;

b/ Having been trained in electricity safety and possessing electricity safety cards.

6. To use electric equipment with quality certificates or registered-quality marks in conformity with standards, technical regulations and other relevant provisions of law.

7. To draw up and issue plans on prevention and stoppage of incidents and accidents. If electricity incidents or accidents occur, to quickly apply necessary measures for emergency treatment of victims, minimization of human and material losses, organize the investigation, identification and analysis of causes, review and identify responsibility.

8. To organize or participate in the public dissemination of information about electricity safety work.

9. To make statistics and reports on electricity incidents and accidents as prescribed.

Article 6.Training in electricity safety and grant of electricity safety cards

1. Workers performing the operation, test, construction and installation or repair of transmission lines or electric equipment shall be trained in electricity safety and must possess electricity safety cards.

2. Electricity safety training shall be carried out annually with examinations and tests for electricity safety grading.

3. Employers shall organize electricity safety training and grant of electricity safety cards for the workers prescribed in Clause 1 of this Article; for electricity operators and repairers in rural, mountainous and border areas and on islands, the grant of electricity cards must comply with Article 64 of the Electricity Law.

4. A training program must cover the following principal contents:

a/ The process of operating, and handling the incidents of, electricity transmission lines and electric equipment at workplaces;

b/ The regulations on safety during the examination, maintenance, repair and test of electricity transmission lines and electric equipment in case of switch off and non-switch off;

c/ Ways to recognize and measures to get rid of danger of incidents and accidents at workplaces and methods of rescuing electricity victims;

d/ Establishment of safe workplace zones;

dd/ Utility and effect of, ways of using and preserving, regulations on checking (testing), safety equipment, working means and instruments suitable to workers’ jobs;

e/ Practice of contents related to safety assurance suitable to workers’ jobs.

5. The Ministry of Industry and Trade shall detail the electricity safety training, grading and grant of electricity safety cards.

Article 7.Electric field strength in power stations of 220 kV or higher

1. The electric field strength in areas where people work regularly must not exceed 5 kV/m.

2. If the electric field strength exceeds the limit prescribed in Clause 1 of this Article, the regulations on permitted working time in a day must be applied as follows:

a/ When workers do not use equipment to prevent the impacts of electric field, the working time in workplaces with electric field is provided in the table below:

If the value of electric field strength is other than those prescribed in the table, the permitted working time is calculated as equal (50/E - 2) hours.

b/ When workers use equipment to prevent electric field impacts, the working time must follow the instructions of equipment manufacturers.

3. Units owning and operating power stations shall measure and draw charts of, the electric field strength in the entire ground spaces of the power stations and post them up at the central control rooms of the stations.

The electric field strength charts should be re-drawn when the power stations witness one of the following changes in the component carrying electricity of 220 kV or higher:

a/ Change of equipment arrangement scope;

b/ Change of distance between charged objects;

c/ Reduction of distance from charged objects to the ground.

Article 8.Handling and safety management of electricity works no longer in operation or use

1. Electricity works, excluding nuclear power plants, when no longer in operation or use, shall be handled and managed in accordance with construction, environmental protection and relevant laws.

2. The work owners shall organize the performance of the following jobs:

a/ Collecting hazardous waste, ashes and slag, oil and grease existing in pipes, equipment, discharged oil dregs, sodium hydroxide, ammonia, hydrazine, chlorine  and strong acids, other erosive substances and their solutions, and handling them according to the law on environmental protection;

b/ For power grids, dismantling and collecting power grid structures and restoring the grounds within 6 months after the power grids are separated from the electricity system;

c/ For hydroelectric dams, restoring the natural flows for river (stream) basins.

3. Work owners shall draw up plans to manage, dismantle and handle electricity works no longer in use, covering the contents prescribed in Clause 2 of this Article, and submitting them for approval according to the law on construction and organizing the implementation in accordance with the approved plans.

Article 9.Construction of high-voltage power grid works

1. Within 15 working days after a high-voltage power grid project is approved in terms of construction ground by a competent state agency, the investor shall notify in writing such to the local People’s Committees at different levels, organizations, households and individuals being land users, owners of houses, constructions and other assets located within the high-voltage power grid safety protection corridor. The compensation for, and supports in, houses, land and assets attached to land and other supports for current land users when works are constructed must comply with the law on compensation, support and resettlement. All assets or works created after the receipt of notices of project implementation, which encroach upon the safety corridor prescribed by this Decree, shall be dismantled with regard to encroaching parts without compensation and support.

2. Upon construction or improvement of overhead electricity transmission lines in residential areas, regularly crowded places, industrial parks, hi-tech parks, export- processing zones, important works related to national security or defense, historical- cultural relics or classified scenic places, measures shall be applied to ensure electricity and construction safety as follows:

a/ Poles shall be made in steel or steel fiber-reinforced concrete; the safety coefficients of poles, beams and pole foundations must not be lower than 1.2;

b/ Between every two poles, there must be no connection in the electricity transmission lines, excluding lines with a cross-section of 240 mm²or higher, which are allowed to have one connection per line. The safety coefficient of the electricity transmission lines must not be smaller than 2.5;

c/ Double insulators of the same type and same technical properties shall be arranged. Electricity transmission lines and anti-lightning wires which are supported by suspension-type insulators must use fixed locks. The safety coefficient of insulators and accessories must satisfy the current prescribed standards;

d/ The clearance from the lowest point of electricity transmission lines in the maximum sag to the ground must not be smaller than the figures prescribed in the table below:

dd/ In special cases, during the construction or renovation of electricity transmission lines at a voltage up to 35 kV along the corridors of internal roads in residential areas, industrial parks, hi-tech parks or export-processing zones, if insulated wires are used, the allowable clearance from the lowest point of electricity transmission lines in the maximum sag to the ground must not be lower than 11 m.

3. The clearance between electricity transmission lines and the ground in areas other than those specified in Clause 2 of this Article must comply with the national technical regulations on electricity.

4. The underground cable sections connected to overhead electricity transmission lines from the ground to the height of two meters shall be put into protection pipes.

5. In case high-voltage power grids must be constructed within the road infrastructure protection scope, the law on management and protection of road infrastructure shall be complied with.

Article 10.Voltage-based electricity discharge safety distances

1. The voltage-based electricity discharge safety distances prescribed in Clause 1, Article 51 of the Electricity Law are prescribed in the table below:

2. The voltage-based electricity discharge safety distance prescribed in Clause 4, Article 51 of the Electricity Law is the minimum distance from the electricity transmission line to the nearest point of working equipment, instruments or facilities in the high-voltage power grid safety protection corridor and prescribed in the table below:

3. The voltage-based electricity discharge safety distances prescribed in Clauses 5, 6 and 7 of Article 51 of the Electricity Law are the minimum distances from the electricity transmission line in the maximum sag to the highest points of protected objects and prescribed in the table below:

Article 11.Overhead electricity transmission line safety protection corridors

1. The overhead electricity transmission line safety protection corridor is prescribed as follows:

a/ The corridor length is calculated from the location where the transmission line leaves the protection boundary of one station to the location where it enters the protection boundary of the next station;

b/ The corridor width is delimited by two vertical sections of the line in both sides, runs in parallel with the line, with the distance from the outmost wire to each side when the wire in the static state prescribed in the table below:

c/ The corridor height is calculated from the bottom of the pole foundation to the highest point of the work plus the vertical safety distance prescribed in the table below:

2. The corridor for protection of electric cables laid on the ground or hung overhead is delimited to each side is 0.5 m calculated from the outer side of the outmost cable.

Article 12.Trees within and outside the overhead electricity transmission line safety protection corridor

1. For trees within the overhead electricity transmission line safety protection corridor, the distance is prescribed as follows:

a/ For electricity transmission lines at a voltage of up to 35 kV in cities, towns or townships, the distance from any point of a tree to the electricity transmission line in the maximum sag must not be lower than the distance prescribed in the table below:

b/ For lines at a voltage of between 110 kV and 500 kV in cities, towns or townships, trees must not be higher than the lowest transmission line, except for special cases in which technical measures must be taken to ensure safety and permission of provincial-level People’s Committees is required. The distance from any point of a tree to a transmission line in the maximum sag must not be smaller than the distance prescribed in the table below:

c/ For transmission lines outside cities, towns or townships, the vertical distance from the highest point of a tree to the lowest transmission line in the maximum sag must not be lower than the distance prescribed in the table below:

d/ For overhead electricity transmission lines stretching over special-use forests, protection forests, production forests or botanical gardens, the vertical distance from the average height of full-grown trees to the lowest electricity transmission line in the maximum sag must not be lower than those prescribed at Point c, Clause 1 of this Article.

2. For trees outside the overhead electricity transmission line safety protection corridors and outside cities, towns or townships, the distance from any part of fallen trees to any part of the electricity transmission lines must not be lower than the distance prescribed in the table below:

3. For fast-growing trees which, within 3 months, encroach upon the distance prescribed in Clause 1 or 2 of this Article and trees which no longer yield economic value if their tops are cut and branches pruned, they shall be felled and new trees shall not be planted.

4. Rice, subsidiary crops and trees can only be grown at least 0.5 m away from the edges of the pole foundations or fastening foundations.

Article 13.Conditions for the existence of houses and works within the safetyprotection corridors of overhead electricity transmission lines at a voltage of up to 220 kV

Houses and construction works may exist within the safety protection corridors of overhead electricity transmission lines at a voltage of up to 220 kV if they fully satisfy the following conditions:

1. Their roofs and walls are made of fire-proof materials.

2. They do not obstruct the inspection, maintenance and replacement of parts of high-voltage power grid works.

3. The distance between any part of houses or construction works and the nearest electricity transmission line in the maximum sag must not be lower than those prescribed in the table below:

4. The electric field strength is lower than 5 kV/m at any point outside the houses and one (1) meter above the ground and smaller than or equal to 1 kV/m at any point inside the houses and one (1) meter above the ground.

5. For houses or works within the safety protection corridors of overhead electricity transmission lines of 220 kV, besides the above-said conditions, their metal structures must also be earthed in accordance with regulations on earthing techniques.

6. The Ministry of Industry and Trade shall detail the scope and techniques of earthing the metal structures of houses and works within and adjacent to the safety protection corridors of electricity transmission lines of 220 kV or higher.

Article 14.Underground electricity cable safety protection corridor

The underground electricity cable safety protection corridor is prescribed as follows:

1. The corridor length is calculated from the location where the cable leaves the protection scope of one station to the location where it enters the protection scope the next station.

2. The corridor width is delimited by:

a/ The outer side of the cable canal, for cables placed inside a canal;

b/ Two vertical sections from the outer side of the cable cover or the outmost cable on both sides of the underground cable, for cables placed directly underground or underwater, which are prescribed in the table below:

3. The corridor height shall be calculated from the ground or the water surface to:

a/ The outer side of the cable canal foundation bottom, for cables placed in cable canals;

b/ The depth is 1.5 m lower than the lowest point of the cable cover, for cables placed directly underground or underwater.

Article 15.Power station safety protection corridors

1. The power station safety protection corridor is prescribed as follows:

a/ For a power station without surrounding walls or fences, the protection corridor shall be delimited by the space surrounding the station with the distance to the nearest electricity charge parts of the power station is prescribed in the table below:

b/ For a power station with surrounding walls or fixed fences, the protection corridor shall be delimited to the outmost point of the wall or fence foundation or embankment; the corridor height shall be calculated from the deepest foundation bottom of the power station to the highest point of the power station plus the vertical safety distance prescribed at Point c, Clause 1, Article 11 of this Decree.

c/ For a transformer station or electricity distribution station with metal cover, the protection corridor is delimited to the outer side of the metal cover.

2. Houses and construction works near the power station safety protection corridors must not cause damage to any part of the power stations, encroach upon access to the power stations and their water supply and drainage pipes, the underground electricity cable safety protection corridors and overhead electricity transmission lines, obstruct the ventilation systems of the power stations, or let wastewater infiltrate in and cause damage to electricity works.

Article 16.Signboards and signals

1. The high-voltage grid operation and management units shall place restriction signs and signboards according to the current standards and technical regulations.

2. Electric poles shall be painted white and red from the height of 50 m up and be installed with signal lights on top in the following cases:

a/ The electric poles are 80 m high or over;

b/ The electric poles are between over 50 m and under 80 m high but are located at positions subject to special requirements.

3. At the lowest point of the cross section between the overhead electricity transmission lines of 220 kV or higher and inland waterways, there must be appropriate signboards for waterway craft to easily notice at nighttime.

4. If the overhead electricity transmission lines lie within the adjacent air space of airports, the painting of electric poles and installment of sign lights must comply with the law on control of the heights of aviation obstacles.

5. Along underground electric cables, work owners shall place marker posts or signs of the cable lines.

6. Underwater cables must have signals showing the cable positions in accordance with the law on inland waterway transport or seaport and navigable-channel management.

Article 17.Management and operation of high-voltage power grids

1. High-voltage power grid operation and management units shall:

a/ Regularly inspect the high-voltage power grid safety protection corridors under their management. Upon detection of violations, request the violators to immediately stop their acts of violation, report them to, and coordinate with, competent local state agencies in, making written records for handling such violations;

b/ Inspect, repair and maintain power grids as scheduled; not overcharge transmission lines running above houses or construction works;

c/ Make statistics on, and monitor electricity accidents and encroachments upon the high-voltage power grid safety protection corridors and report to the state management agencies on electricity activities and electricity use in localities and to the superior agencies biannually and annually; for electricity accidents, to implement the regime of fast reporting to the local state management agencies in charge of electricity activities and electricity use and the superior agencies within 24 hours after the occurrence of accidents;

d/ Publicly announce the high-voltage power grid safety protection corridor boundaries.

2. Power grid operators and repairers shall comply with the regulations on safety protection according to national technical regulations on electricity safety.

3. The tree cutting and pruning to ensure high-voltage power grid safety shall be performed by high-voltage power grid operation and management units and notified to tree managers or owners 5 (five) days in advance in form of direct notification. If tree owners deliberately refuse to receive the notifications, high-voltage power grid operation and  management units shall take the certification from the local commune/ward/township People’s Committees (commune-level People’s Committees) of the non-receipt of the notification; organizations and individuals that refuse to receive the notifications shall still take responsibility for implementation like other cases.

4. In case of having to fell trees to redress an incident, the high-voltage power grid operation and management units shall immediately inform the number of to be-felled trees and pay compensations to tree owners. If unable to inform the tree owners, they shall inform the commune-level People’s Committees and get the latter’s certification before felling the trees.

5. The high-voltage power grid operation and management units, when performing periodical repair, shall notify the repair 3 (three) days in advance to land users in the areas where the underground electricity cables or overhead transmission lines run through by way of direct delivery of notifications or registered mail or through the public-addressing systems of the commune-level People’s Committees; unexpected repair due to incidents shall be notified in advance before the repair is performed; if not, they shall notify the commune-level People’s Committees before performing the repair.

Upon completion of the inspection and repair, the high-voltage power grid operation and management units shall restore the ground to the original state.

6. Users of land in areas where the underground electricity cables or the overhead electricity transmission lines run through shall create favorable conditions for the high-voltage power grid operation and management units to inspect and repair the works.

Chapter III

COMPENSATION AND SUPPORT FOR HOUSES, WORKS, LAND AND TREES IN THE OVERHEAD ELECTRICITY TRANSMISSION LINE SAFETY PROTECTION CORRIDORS

Article 18.Compensation and support for houses and works in overhead electricity transmission line safety protection corridors

1. For houses and works serving daily-life activities of households or individuals, which are not required to be relocated from the safety protection corridors of overhead electricity transmission lines of up to 220 kV under Article 13 of this Decree, their owners are entitled to compensation and support for the restricted use of their houses and works and impacts on their daily-life activities. The compensation and support shall be provided in lump sum as follows:

a/ For houses and works serving daily-life activities of households or individuals, which are partially or entirely situated in the overhead electricity transmission line safety protection corridors and are constructed on land eligible for land compensation under the land law before the issuance of notices of implementation of high-voltage power grid work projects approved by competent authorities, compensation and support shall be provided for the areas within the overhead electricity transmission line safety protection corridors;

b/ The specific compensation and support levels shall be prescribed by provincial-level People’s Committees but must not be higher than 70% of the value of the areas of houses and works serving daily-life activities within the overhead electricity transmission line safety protection corridors, calculated based on new construction unit prices of houses and works serving daily-life activities of similar standards promulgated by provincial-level People’s Committees;

c/ If houses or works serving daily-life activities are built on land ineligible for land compensation under law, provincial-level People’s Committees shall consider and provide support based on the local practical conditions.

2. Houses and works constructed before the issuance of notices of implementation of approved high-voltage power grid projects:

a/ If the conditions prescribed in Article 13 of this Article are not fully satisfied, the high-voltage electricity grid project owners shall pay for and organize the transformation of these houses and works to satisfy such conditions;

b/ In case of partial demolition of houses and works while their remaining parts still meet the technical conditions under the law on construction and satisfy the conditions prescribed in Article 13 of this Article, the high-voltage power grid investors shall pay the compensation for the demolished parts and the costs of completion of the houses and works up to the pre-demolition standards, or the compensation for relocation of houses and works under decisions of provincial-level People’s Committees;

c/ If houses and works cannot be transformed to meet the conditions prescribed in Article 13 of this Decree and shall be demolished or relocated, their owners are entitled to compensation and support under the law on compensation, support and resettlement upon land recovery by the State.

Article 19.Compensation and support for land in overhead electricity transmission line safety protection corridors

1. For residential land and land of other types in the same land plot of a land user within the safety protection corridor of an overhead electricity transmission line of up to 220 kV, which is not subject to land recovery by the State, such land user is entitled to  compensation and support for restricted land use. The compensation and support shall be provided in lump sum as follows:

a/ Residential land eligible for compensation and support due to restricted use is the type of residential land prescribed in legal documents on land;

b/ The residential land area eligible for compensation or support due to restricted use is the actual land area in the overhead electricity transmission line safety protection corridor. The compensation and support level must not be higher than 80% of the level of compensation for recovered residential land, calculated based on the land area lying within the corridor;

c/ When a land plot comprising residential land and land of other types of a land user has the air space occupied by the overhead electricity transmission line safety protection corridor larger than the residential land, the area of land of other types on the same land plot in the corridor is also eligible for compensation or support. The compensation and support levels must not exceed 80% of the compensation level applicable to such land of other types, calculated based on the area of land of other types lying in the corridor;

d/ If residential land does not fully satisfy the conditions prescribed at Point a, Clause 1 of this Article, provincial-level People’s Committees shall consider and provide support based on local practical conditions.

2. For land under perennial trees and production forest land in overhead electricity transmission line safety protection corridors, land users are entitled to support for restricted land use. The support will be paid in lump sum, which is not higher than 30% of the compensation for recovered land under perennial trees and production forest land, calculated based on the land area in the overhead electricity transmission line safety protection corridors.

3. The compensation and support levels prescribed in Clauses 1 and 2 of this Article shall be specified by provincial-level People’s Committees. Such compensation and support shall be paid from the investment capital of high-voltage power grid work investors.

Article 20.Compensation and support for houses and works outside overhead electricity transmission line safety protection corridors but between two overhead electricity transmission lines of 500 kV or higher

1. Houses and works serving daily-life activities of households or individuals, which are situated outside the overhead electricity transmission line safety protection corridors but between two overhead electricity transmission lines of 500 kV or higher, are entitled to compensation or support and relocation, when one of the following conditions is met:

a/ The electric field strength is higher than the limit prescribed in Clause 4, Article 13 of this Decree;

b/ The horizontal distance between the nearest outmost phase transmission lines of two electricity transmission lines is  equal to or shorter than 60 meters.

2. For houses and works serving daily-life activities of households or individuals, which satisfy the distance prescribed at Point b, Clause 1 of this Article and the electric field strength prescribed in Clause 4, Article 13 of this Decree, if land users or land-attached asset owners send their written requests for non-relocation to the district-level People’s Committees, the non-relocation shall be considered and compensation and support for the entire residential land area, house area and facilities serving daily-life activities shall be paid as for the residential land, houses and works serving daily- life activities, which are situated within the overhead electricity transmission line safety protection corridors prescribed in Articles 18 and 19 of this Decree.

3. Within 15 working days after receiving the written requests prescribed in Clause 2 of this Article, district-level People’s Committees shall reply in writing by way of direct delivery or registered mail to the requesters.

Article 21.Use purpose change from land of other types to residential land

When land users are required to relocate their houses from the overhead electricity transmission line safety protection corridors and wish to change the land of other types outside the corridor into residential land, the local land management offices shall carry out the procedures for submission to competent authorities to permit the land use purpose change. The land users shall fully comply with the provisions of law when changing land use purposes.

Article 22.Relocation cost support

In addition to the compensation and support for houses and works prescribed in Article 18 and for land prescribed in Article 19 of this Decree, if the house owners have found by themselves new residential land and wish to move from overhead electricity transmission line safety protection corridors, they shall carry out the relocation by themselves and be provided with relocation cost support in accordance with the law on compensation, support and resettlement upon land recovery by the State.

Article 23.Compensation for trees within and outside overhead electricity transmission line safety protection corridors

1. For trees grown in power grid safety protection corridors before the notification of implementation of high-voltage power grid projects, which shall be felled while the planting of new trees is prohibited under Clause 3, Article 12 of this Decree, compensation shall be paid according to current regulations.

2. For trees grown in power grid safety protection corridors before the notification of on implementation of high-voltage power grid projects, which are not required to be felled while the planting of new trees is not prohibited under Clause 3, Article 12, or for trees outside the corridors which can encroach upon the safety distance as prescribed in Clause 2, Article 12 of this Decree, the operation and management units may inspect and cut off or prune the trees to ensure safety for the overhead electricity transmission lines and pay compensation according to regulations.

3. The compensation levels applicable to the cases prescribed in Clauses 1 and 2 of this Article shall be paid in a lump sum for each tree and prescribed by provincial-level People’s Committee as suitable to their local practical conditions.

Chapter IV

IMPLEMENTATION ORGANIZATION

Article 24.Responsibility for state management of electricity safety

1. The Ministry of Industry and Trade shall:

a/ Formulate, promulgate, and guide and organize the implementation of, national technical regulations on electricity safety;

b/ Assume the prime responsibility for, and coordinate with related ministries and agencies in, preparing dossiers of draft national standards on electricity safety and send them to the Ministry of Science and Technology for appraisal and promulgation;

c/ Assume the prime responsibility for, and coordinate with other ministries, sectors and localities in, performing the state management of electricity safety-related activities;

d/ Promulgate regulations guiding the quality assessment of safety standards of electric equipment, instruments and products;

dd/ Inspect and check in terms of electricity safety organizations and individuals in electricity activities and electricity use; detect and handle violations in accordance with law.

2. The Ministry of Science and Technology shall:

a/ Manage scientific research and scientific and technical application related to electricity safety;

b/ Assume the prime responsibility for appraising and promulgating national standards on electricity safety at the proposal of the Ministry of Industry and Trade;

c/ Assume the prime responsibility for, and coordinate with the Ministry of Industry and Trade in, formulating, appraising, promulgating and managing the system of national regulations on electricity safety.

3. The Ministry of Construction shall:

a/ Guide the application of national technical regulations on electricity safety in the installation of transmission lines and power stations in civil works and urban centers;

b/ Promulgate and guide safe earthing in civil works.

4. Provincial-level People’s Committees shall:

a/ Perform the state management of electricity safety in their respective localities under the regulations of the Ministry of Industry and Trade and specialized ministries;

b/ Set and include electricity safety objectives into local socio-economic development plans and budgets;

c/ Organize the management and safety protection of electricity works in accordance with law;

d/ Publicize land use boundaries in electricity work safety protection corridors;

dd/ Provide information on the current land use status and land use planning for organizations and individuals investing in the construction of high-voltage power grids in their provinces;

e/ Detect, prevent and handle in time cases of illegally encroaching upon, occupying and using power grid safety protection corridors and the protection scope of construction items of electricity works.

Article 25.Responsibility to protect the safety of high-voltage power grids

1. Upon detection of encroachment upon, sabotage of, fires or serious incidents at, high-voltage power grids, the high-voltage power grid operation and management units, People’s Committees at different levels, and public security and armed force units in localities shall coordinate with one another in expeditiously dealing with them in order to minimize damage and put the works into operation.

2. Provincial-level People’s Committee chairpersons shall direct functional agencies to inspect, prevent and handle in time acts in violation of the regulations on safety protection of high-voltage power grids in areas under their management.

3. Based on their local situation, provincial-level People’s Committee chairpersons shall set up provincial-level steering committees to settle matters related to the safety protection of high-voltage power grids. The composition and operation regulations of the steering committees shall be decided by provincial-level People’s Committee chairpersons.

Article 26.Effect

This Decree takes effect on April 15, 2014, and replaces the Government’s Decree No. 106/2005/ND-CP of August 17, 2005, detailing and guiding the implementation of a number of articles of the Electricity Law, regarding the protection of high-voltage power grids, and Decree No. 81/2009/ND-CP of October 12, 2009, amending and supplementing a number of articles of Decree No. 106/2005/ND- CP of August 17, 2005.

Article 27.Organization of implementation

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

On behalf of the Government
Prime Minister
NGUYEN TAN DUNG