THEGOVERNMENT | | THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness |
No. 51/2020/ND-CP | | Hanoi, April 21, 2020 |
DECREE
Amending and supplementing a number of articles of the Government’s Decree No. 14/2014/ND-CP of February 26, 2014, detailing the implementation of the Electricity Law regarding electricity safety[1]
Pursuant to the June 19, 2015 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;
Pursuant to the November 29, 2013 Land Law;
At the proposal of the Minister of Industry and Trade,
The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 14/2014/ND-CP of February 26, 2014, detailing the implementation of the Electricity Law regarding electricity safety (below referred to as Decree No. 14/2014/ND-CP)
Article 1.To amend and supplement a number of articles of Decree No. 14/2014/ND-CP
1. To amend Clause 1, Article 1 as follows:
“1. This Decree details a number of articles of the Electricity Law regarding electricity safety, including safety in electricity generation, transmission, distribution and use for production, business and service activities, and regarding compensation and support upon the construction, renovation, repair and operation management of high-voltage power grids.”
2. To amend Clause 1 of, and add Clause 5 to, Article 2 as follows:
a/ To amend Clause 1 as follows:
“1. High-voltage power grid means a power grid of a nominal voltage of 1,000 V or above.”
b/ To add the following Clause 5:
“5. Coated wire means an electricity transmission wire coated with an insulating layer with the insulation level at least equal to the phase voltage of the electric line.”
3. To amend the title and Clauses 1, 2, 6 and 9 of Article 5 as follows:
a/ To amend the title of Article 5 as follows:
“Article 5. General requirements on safety in electricity generation, transmission, distribution and use for production, business and service activities”
b/ To amend Clause 1 as follows:
“1. For power plants, power stations, transmission lines which are about to be put into operation and use, project owners shall hand over design, construction and as-built documents and other technical documents as prescribed by the construction law to the operation management units.”
c/ To amend Clause 2 as follows:
“2. For overhead electricity transmission lines which cross houses, works where people live or work and regularly crowded places, their operating modes must not exceed prescribed relevant standards and norms.”
d/ To amend Clause 6 as follows:
“6. To use electric equipment and instruments with quality certificates or registered-quality marks conformable with standards, technical regulations and other relevant provisions of law. Electric equipment and instruments shall be subject to technical safety inspection under regulations.
The Minister of Industry and Trade shall promulgate the detailed list of electric equipment and instruments subject to inspection; and provide the contents, form, frequency and process of inspection; and responsibilities of organizations and individuals involved in inspection of technical safety of electric equipment and instruments.”
dd/ To amend Clause 9 as follows:
“9. To make statistics and reports on electric accidents and encroachments upon the safety corridors of high-voltage power grids.
The Minister of Industry and Trade shall prescribe in detail the making of statistics and reports on electric accidents and encroachments upon the safety corridors of high-voltage power grids.”
4. To amend the title and Clauses 1, 3 and 5 of Article 6 as follows:
a/ To amend the title of Article 6 as follows:
“Article 6. Training and test in electricity safety”
b/ To amend Clause 1 as follows:
“1. Workers performing the construction, operation, inspection or repair of transmission lines or electric equipment shall be trained and tested in electricity safety.”
c/ To amend Clause 3 as follows:
“3. Employers shall organize training and test in electricity safety 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 safety cards must comply with Article 64 of the Electricity Law.”
d/ To amend Clause 5 as follows:
“5. The Minister of Industry and Trade shall prescribe in detail training and test in electricity safety.”
5. To amend Clause 3, Article 7 as follows:
“3. Project owners or operation management units of power stations shall measure and draw electric field intensity charts.
The Minister of Industry and Trade shall prescribe in detail the measurement and drawing of electric field intensity charts.”
6. To amend the title of Article 9, the title of Clause 2 and Point b, Clause 2 of, and add Clause 6 to, Article 9 as follows:
a/ To amend the title of Article 9 as follows:
“Article 9. Construction and renovation of high-voltage power grids”
b/ To amend the title of Clause 2 as follows:
“2. Upon construction or renovation of overhead high-voltage transmission lines which cross houses, works where people live or work; regularly crowded places; important works related to national security; historical-cultural relics or ranked scenic places, project owners or operation management units shall intensify measures to ensure electricity and construction safety for such lines, specifically as follows:”
c/ To amend Point b, Clause 2 as follows:
“b/ Between every two electric poles, no connection knot is allowed in the electricity transmission wires and lightning rods. One connection knot per wire is allowed for electricity transmission wires with a cross-section of 240 mm2or higher. The safety coefficient of electricity transmission lines and lightning rods must not be smaller than 2.5.”
d/ To add the following Clause 6:
“6. Electricity transmission lines shall be installed into technical infrastructure facilities for common use in accordance with the law on the management and common use of technical infrastructure facilities. Project owners carrying out construction or renovation of electricity transmission lines shall coordinate with project owners or use management units of technical infrastructure facilities for common use in agreeing on and taking measures to ensure safety for electricity transmission lines, technical infrastructure facilities for common use and the community in accordance with current law and standards and technical regulations regarding electricity safety and safety for technical infrastructure facilities.”
7. To amend the title of Article 11, the title of Clause 1, and Clause 2, Article 11 as follows:
a/ To amend the title of Article 11 as follows:
“Article 11. Safety corridors of overhead high-voltage transmission lines”
b/ To amend the title of Clause 1 as follows:
“1. For transmission lines using uninsulated wires or insulated wires, their safety corridor is prescribed as follows:”
c/ To amend Clause 2 as follows:
“2. For electric cables laid on the ground or hung overhead, their safety corridor to each direction is 0.5 m measured outward from the outer side of the outmost cable.”
8. To amend the title of Article 12, and the titles of Clauses 1 and 2, Article 12 as follows:
a/ To amend the title of Article 12 as follows:
“Article 12. Trees within and outside the safety corridors of overhead high-voltage transmission lines”
b/ To amend the title of Clause 1 as follows:
“1. For trees within the safety corridors of electricity transmission lines”
c/ To amend the title of Clause 2 as follows:
“2. For trees outside the safety corridors of electricity transmission lines and outside cities, towns or townships, the distance from any part of a fallen tree to any part of an electricity transmission line must not be smaller than the distance prescribed in the table below:”
9. To amend the title of Article 13, and Clauses 2 and 6, Article 13 as follows:
a/ To amend the title of Article 13 as follows:
“Article 13. Conditions for the existence of houses or works where people live or work within the safety corridors of overhead high-voltage transmission lines of a voltage of up to 220 kV”
b/ To amend Clause 2 as follows:
“2. They do not obstruct the ways-in or ways-out for inspection, maintenance and replacement of parts of electricity transmission lines.”
c/ To amend Clause 6 as follows:
6. The Minister of Industry and Trade shall prescribe in detail the scope and techniques of earthing of metal structures of houses and works within and adjacent to the safety corridors of overhead electricity transmission lines of a voltage of 220 kV and adjacent to the safety corridors of electricity transmission lines of a voltage of 500 kV.”
10. To amend the title of Article 14 as follows:
“Article 14. Safety corridors of underground high-voltage cables”
11. To amend Point b, Clause 1, Article 17 as follows:
“b/ Inspect, repair and maintain power grids under their management in accordance with regulations;”
12. To add the following Article 18a before Article 18:
“Article 18a. Land recovery and compensation and support for construction of electricity works
The recovery of land, and compensation and support for land and land-attached assets within the safety corridors of high-voltage power grids suffering damage due to clearance must comply with the law on compensation, support and resettlement upon land recovery by the State.”
13. To amend Clause 1, and the title of Clause 2, Article 18 as follows:
a/ To amend Clause 1 as follows:
“1. For houses and works serving daily-life activities of households or individuals which are not required to be relocated from the safety corridors of overhead high-voltage transmission lines of a voltage of up to 220 kV prescribed in Article 13 of Decree No. 14/2014/ND-CP, their owners are entitled to compensation and support for the restricted use of their houses and works and for the impacts on their daily-life activities. The compensation and support shall be provided in a lump sum as follows:
a/ For houses and works serving daily-life activities which are partially or entirely situated within the safety corridors of overhead high-voltage transmission lines and are built on land eligible for land-related compensation under the land law before the date of issuance of competent agencies’ notices of land recovery, their owners are entitled to compensation and support for the areas within the safety corridors. The specific compensation and support levels shall be prescribed by provincial-level People’s Committees based on the local practical conditions.
b/ If houses or works serving daily-life activities are built on land ineligible for land-related compensation under the land law, provincial-level People’s Committees shall consider and provide support based on the local practical conditions.”
b/ To amend the title of Clause 2 as follows:
“2. “Houses and works serving daily-life activities built before the date of issuance of competent agencies’ notices of land recovery:”
14. To amend Article 20 as follows:
“Article 20. Compensation and support for houses and works outside the safety corridors of high-voltage power grids
1. For houses and works serving daily-life activities of households or individuals which are situated outside the safety corridors of high-voltage power grids and within the area with the electric field intensity higher than that prescribed in Clause 4, Article 13 of Decree No. 14/2014/ND-CP, their owners are entitled to compensation and support for relocation as for houses and works serving daily-life activities which are situated within the safety corridors of high-voltage power grids and subject to clearance under the law on compensation, support and resettlement upon land recovery by the State.
2. For houses and works serving daily-life activities of households or individuals which are situated outside the safety corridors and between two overhead electricity transmission lines of a voltage of 500 kV with the horizontal distance between the two nearest outmost phase transmission wires of two electricity transmission lines not exceeding 60 meters, their owners may choose either of the following options:
a/ Being provided with compensation and support for relocation as for houses and works serving daily-life activities which are situated within the safety corridors of high-voltage power grids and subject to clearance under the law on compensation, support and resettlement upon land recovery by the State.
b/ If wishing no relocation, sending a written request for non-relocation to the district-level People’s Committee concerned within 15 days after a competent agency issues a notice of land recovery for investment in construction of 500 kV transmission lines, and being entitled to compensation for land, houses and works serving daily-life activities under Point a, Clause 13, Article 1 of this Decree.”
15. To amend Article 22 as follows:
“Article 22. Compensation for relocation expenses
For houses and works satisfying the conditions for existence within the safety corridors of overhead high-voltage transmission lines, if their owners relocate such houses or works out of the safety corridors, they shall be provided with compensation for relocation expenses in accordance with the Land Law.”
16. To amend Article 23 as follows:
“Article 23. Compensation for trees inside and outside the safety corridors of high-voltage power grids
1. For trees planted inside the safety corridors before the issuance of notices of land recovery for construction of power grids, which are not required to be felled or not banned from planting under Clause 3, Article 12 of Decree No. 14/2014/ND-CP, the operation management units shall inspect and cut off or prune the trees to ensure safety for the power grids and pay compensation in accordance with the law on compensation, support and resettlement upon land recovery by the State.
1. For trees planted outside the safety corridors which are likely to encroach upon the safety distance prescribed in Clause 2, Article 12 of Decree No. 14/2014/ND-CP, the operation management units shall inspect and cut off or prune the trees to ensure safety for the power grids and pay compensation as for trees planted within the safety corridors prescribed in Clause 1 of this Article.”
17. To amend Clause 3, Article 25 as follows:
“3. Based on their local conditions, provincial-level People’s Committee chairpersons shall decide on the establishment of 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 2
1. To annul Clause 2 of Article 2, Clause 2 of Article 6, Clause 1 and Point dd, Clause 2 of Article 9, and Points c and d, Clause 1 of Article 17, Articles 19 and 21, and Point d, Clause 1, Article 24, of Decree No. 14/2014/ND-CP.
2. To replace:
a/ The word “test” in Clause 5, Article 5; and at Points b and dd, Clause 4, Article 6, of Decree No. 14/2014/ND-CP, with the word “inspection”.
b/ The phrase “power grid works” in Clauses 2, 3, 4, 7, 10, 11, 12, 13 and 14, Article 4; and at Point a, Clause 2, Article 18, of Decree No. 14/2014/ND-CP, with the phrase “power grids”.
Article 3.Responsibility for organization of implementation
1. Transitional provisions
a/ For investment projects on construction of overhead high-voltage transmission lines for which technical designs have been approved before the effective date of this Decree, it is allowed to implement the approved designs or modify such designs in conformity with this Decree.
b/ For operating overhead high-voltage transmission lines with insulated wires not yet satisfying requirements on electric insulation prescribed at Point b, Clause 2, Article 1 of this Decree, their renovation and replacement must comply with this Decree.
2. 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.
Article 4.Implementation provision
This Decree takes effect on the date of its signing.-
On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC
Vietnamese
Decree 51/2020/NĐ-CP DOC (Word)
Decree 51/2020/NĐ-CP PDF (Original)
