Circular 12/2024/TT-BCT amend Circulars concerning load dispatch and operation of national power system

CIRCULAR

Amending and supplementing a number of Circulars of the Minister of Industry and Trade concerning the load dispatch and operation of the national power system and the electricity market

Pursuant to the December 3, 2004 Law on Electricity; the November 20, 2012 Law Amending and Supplementing a Number of Articles of the Law on Electricity; and the January 11, 2022 Law Amending and Supplementing a Number of Articles of the Law on Public Investment, the Law on Investment in the Form of Public-Private Partnership, the Law on Investment, the Housing Law, the Bidding Law, the Law on Electricity, the Law on Enterprises, the Law on Excise Tax, and the Law on Enforcement of Civil Judgments;

Pursuant to the Government’s Decree No. 96/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; and the Government’s Decree No. 105/2024/ND-CP of August 1, 2024, amending and supplementing a number of articles of the Government’s Decree No. 96/2022/ND-CP of November 29, 2022, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade, and the Government’s Decree No. 26/2018/ND-CP of February 28, 2018, promulgating the Charter on organization and operation of the Vietnam Electricity;

Pursuant to the Government’s Decree No. 137/2013/ND-CP of October 21, 2013, detailing the implementation of a number of articles of the Law on Electricity and the Law Amending and Supplementing a Number of Articles of the Law on Electricity;

At the proposal of the Electricity Regulatory Authority of Vietnam,

The Minister of Industry and Trade promulgates the Circular amending and supplementing a number of Circulars of the Minister of Industry and Trade concerning the load dispatch and operation of the national power system and the electricity market.

Article 1. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 45/2018/TT-BCT of November 15, 2018, providing the operation of the competitive electricity wholesale market, and amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 56/2014/TT-BCT of December 19, 2014, providing the method to determine electricity generation prices and order of checking power purchase agreements (below referred to as Circular No. 45/2018/TT-BCT)

1. To amend Clause 4, Article 17 as follows:

“4. Before October 25 every year, the unit operating the power system and electricity market shall consult the Vietnam Electricity, power generation units and electricity wholesalers about the subsequent year’s electricity market operation plan.

The consulted units shall send their opinions to the unit operating the power system and electricity market before November 5 every year. Based on such units’ opinions, the unit operating the power system and electricity market shall complete the calculations (including calculation results, input data, and calculation commentaries) for submission to the Electricity Regulatory Authority of Vietnam for appraisal and approval of the subsequent year’s electricity market operation plan before November 15 every year.

2. To add Clause 12 to Article 52 as follows:

“12. Constraints on fuel sale-underwriting of BOT power plants provided by the Vietnam Electricity to the unit operating the power system and electricity market.”.

3. To add Clause 11 to Article 58 as follows:

“11. Constraints on fuel sale-underwriting of BOT power plants provided by the Vietnam Electricity to the unit operating the power system and electricity market.”.

4. To amend Clause 3, Article 72 as follows:

“3. An electricity wholesaler shall collect electricity inventory and delivery data within the scope of its management, including also the provision of rooftop solar power data, for sending to the data warehouses of the Vietnam Electricity and the unit operating the power system and electricity market.”.

5. To add Article 132a as follows:

“Article 132a. Responsibilities of the unit operating the power system and electricity market

1. To invest in, build, install and upgrade the electricity market information system and software serving the electricity market in conformity with the requirements specified in this Circular.

2. To test and recognize the unit’s title holders participating in the operation of the electricity market so as to ensure satisfaction of the requirements for operation of the competitive wholesale electricity market in accordance with relevant regulations.

3. To provide guidance to member units of the electricity market on the order and procedures for registering to participate in the electricity market in accordance with this Circular and upgrade the Electricity Market Portal for power generation units to submit online their dossiers of registration to participate in the electricity market.”.

Article 2. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 40/2014/TT-BCT of November 5, 2014, on the procedures for load dispatch of the national power system (below referred to as Circular No. 40/2014/TT-BCT)

1. To amend Clause 8, Article 3 as follows:

“8. Operation certificate means a certificate issued by the National Load Dispatch Unit, load dispatch authorities with the control power or the superior load dispatch authorities to title holders in load dispatch authorities, power stations, power plants and control centers who directly participate in the load dispatch and operation of the national power system after they have undergone training and testing.”.

2. To amend Clause 1, Article 5 as follows:

“1. The national load dispatch authority is the highest command and load dispatch authority in the load dispatch of the national power system. The National Load Dispatch Unit shall act as the national load dispatch authority.”.

3. To amend Clause 4, Article 6 as follows:

“4. For special cases, depending on the actual situation, the National Load Dispatch Unit shall specifically delegate the control and inspection powers.”.

4. To amend Clause 5 of, and add Clauses 7 and 8 to, Article 26 as follows:

“5. To manage the operation of the SCADA/EMS system, telecommunications and information systems and other systems as assets of the national load dispatch authority.

7. To sign agreements on protective and automatic relay systems according to the regulations on power transmission systems and power distribution systems issued by the Ministry of Industry and Trade.

8. To sign agreements on load dispatch and operation of interconnection lines in case of cross-border electricity trading.”.

5. To add Clause 10 to Article 31 as follows:

“10. To equip and install interlock circuits, load shedding and special shedding as requested by the National Load Dispatch Unit to ensure safe and stable operation of the national power system.”

6. To add Clause 10 to Article 32 as follows:

“10. To equip and install interlock circuits, load shedding and special shedding as requested by the National Load Dispatch Unit to ensure safe and stable operation of the national power system.”

7. To amend Article 36 as follows:

“Article 36. Calculation of the power system operation method for the subsequent year

The calculation of the power system operation method for the following year must cover the following principal contents:

1. A plan on putting new works into operation.

2. A basic wiring diagram of the power system.

3. Forecasts of the power system’s load.

4. Evaluation of the power system’s security; notification of the possibility of shortage of power capacity and output.

5. A plan on maintenance and repair of power sources and power grids.

6. A plan on testing and experimentation during equipment operation.

7. A plan on mobilization of power sources for at least 2 hydrological scenarios.

8. A plan on mobilization of generator units to provide auxiliary services (if any).

9. A plan on supply of gas for power generation.

10. A plan on operation of transmission and distribution grids under its control.”.

8. To amend Clauses 2 and 3, Article 37 as follows:

“2. For the calculation of the power system operation method for the subsequent month, week, day or hour, the National Load Dispatch Unit shall select the calculation contents that are conformable with changes of input factors to ensure the power system’s security.

3. The national power system operation method

a/ The national power system operation method for the subsequent year

- The national power system operation method for the subsequent year serves as the ground for the administration and supervision for assurance of power supply, covering the following principal contents: forecasts of electricity load demand; power source mobilization plan; transmission grid operation plan; and power source, power grid and fuel supply constraints;

- Before October 15 every year, the National Load Dispatch Unit shall complete and submit the national power system operation method for the subsequent year to the Electricity Regulatory Authority of Vietnam;

- Before November 15 every year, the Electricity Regulatory Authority of Vietnam shall submit the national power system operation method for the subsequent year to the Ministry of Industry and Trade for approval;

b/ The national power system operation method for the subsequent month or week and special methods shall be established by the national load dispatch authority and submitted to the Electricity Regulatory Authority of Vietnam for approval;

c/ The national power system operation method for the subsequent day shall be established and approved by the national load dispatch authority.”.

9. To amend Clauses 4 and 7, Article 41 as follows:

“4. Before November 20 every year, the national load dispatch authority shall approve and disclose on its official website the basic wiring diagram of the national power system for application from January 1 of the subsequent year.

7. During the operation process, when deeming that the basic wiring diagram is no longer suitable, load dispatch authorities shall prepare new wiring diagrams of the power systems under their control and send them to the immediate superior load dispatch authorities for consideration and opinion. The National Load Dispatch Unit shall approve the new wiring diagram of the national power system in the monthly and weekly operation methods; electricity distribution units shall approve the new wiring diagrams of the power distribution systems under the control of the provincial-level load dispatch authorities in the monthly and weekly operation methods.”.

10. To amend Clauses 1 and 2, Article 114 as follows:

“1. The National Load Dispatch Unit shall manage the testing of, and grant of operation certificates for, title holders directly involved in the load dispatch and operation work according to the Electricity Regulatory Authority of Vietnam-issued procedures for testing of, and grant of operation certificates for, title holders directly involved in the load dispatch and operation of the national power system.

2. The national load dispatch authority shall organize the testing of, and grant of operation certificates for, title holders directly involved in the load dispatch and operation at the national load dispatch authority, regional load dispatch authorities, power plants and power stations under its control according to the Electricity Regulatory Authority of Vietnam-issued procedures for testing of, and grant of operation certificates for, title holders directly involved in the load dispatch and operation of the national power system.”.

11. To amend Clause 2, Article 115 as follows:

“2. After completing the training according to the law-specified contents and duration, the national load dispatch authority shall organize the testing of, and grant of operation certificates for, title holders directly involved in the dispatch and operation work before recognizing specific titles of operators of the national load dispatch authority.”

12. To amend Point b, Clause 1, Article 135 as follows:

“b/ To organize the inspection and supervision of the training and grant of operation certificates for load dispatch authorities and operation management units under Chapter VII of this Circular and the Electricity Regulatory Authority of Vietnam-issued procedures for testing of, and grant of operation certificates for, title holders directly involved in the dispatch and operation of the national power system;”

13. To amend Clause 2, Article 135 as follows:

“2. The units specified in Article 2 of the Circular shall implement, and direct their attached units to implement, this Circular.”.

Article 3. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 23/2017/TT-BCT of November 16, 2017, on the contents of, and procedures for implementing, demand response programs

1. To amend Clause 5, Article 2 as follows:

“5. The National Load Dispatch Unit.”.

2. To amend Clauses 1 and 2, Article 10 as follows:

“1. The Vietnam Electricity shall direct electricity distribution units to evaluate the demand for implementation of demand response programs under this Circular.

2. Responsibilities of the National Load Dispatch Unit:

a/ To evaluate the need to implement demand response of the national power system and regional power systems and electricity distribution units for the subsequent years, months and weeks. The evaluation of the need to implement demand response programs in the national power system and regional power systems constitutes part of the national power system operation plans for the subsequent years, months and weeks, which shall be formulated according to the Ministry of Industry and Trade-issued regulations on power transmission systems and the procedures for load dispatch of the national power system;

b/ To report to the Electricity Regulatory Authority of Vietnam the results of evaluation of the need to implement for demand response of the national power system for the subsequent years, months and weeks in the national power system operation plans formulated according to the Ministry of Industry and Trade-issued regulations on power transmission systems and the procedures for load dispatch of the national power system;

c/ To notify electricity distribution units of the results of evaluation of the need to implement demand response of the national power system and regional power systems in the national power system operation plans or methods for the subsequent years, months and weeks according to the Ministry of Industry and Trade-issued regulations on power transmission systems and the procedures for load dispatch of the national power system.”

3. To add Clause 5 to Article 11 as follows:

“5. The Vietnam Electricity shall direct electricity distribution units to formulate a plan on implementation of demand response program under this Circular, and an overall plan on implementation of the demand response program for the subsequent year and report thereon to the Electricity Regulatory Authority of Vietnam before December 15 every year.”

Article 4. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 25/2016/TT-BCT of November 30, 2016, on the power transmission system (below referred to as Circular No. 25/2016/TT-BCT)

1. To amend Clause 17, Article 3 as follows:

“17. The unit operating the power system and electricity market is the unit that commands and controls the process of power generation, transmission and distribution in the national power system and operates transactions in the power market.”.

2. To add Clause 7 to Article 60 as follows:

“7. In case of possible power surplus, the load dispatch authorities with the control power have the right to immediately reduce the power generation capacity of the power sources being transmitted to the power grid under current regulations to ensure that the power system frequency is within the law-prescribed range and the power system operates in a safe and stable manner.

The level of reduction of the capacity of power plants and the types of power plants subject to the reduction shall be calculated and announced by the load dispatch authorities with the control power in conformity with the structure of the current power sources, transmission capacity among regions, standby level of necessary auxiliary services at the time of reduction in adherence to the principle of transparency among types of power source.”.

3. To amend Clause 3, Article 92 as follows:

“3. The evaluation of the power system security covers the calculation, analysis and announcement of the total expected capacity of available power sources, forecasts of the power system’s load demand, evaluation of the reliability and availability for meeting the power system’s load demand, power system security warnings and other requirements on power system security. The evaluation of power system security covers medium-term and short-term security evaluations, specifically as follows:

a/ The medium-term security evaluation of the power system includes:

- Power system security evaluation for the subsequent month and the remaining months of a year, which are conducted to evaluate the capacity to ensure the national power system security for the subsequent month and the remaining months of the year; the unit of calculation is month;

- Power system security evaluation for the subsequent year (year N+1) taking into account the year afterward, which is conducted to evaluate the capacity to ensure the national power system security for the subsequent year (year N+1) and the year afterward (year N+2); the unit of calculation is month;

- Power system security evaluation for year N+5, which is conducted to evaluate the capacity to ensure the national power system security for year N+3, year N+4 and year N+5; the unit of calculation is year.

b/ The short-term security evaluation of the power system includes:

- Daily security evaluation of the power system, which is conducted to evaluate the capacity to ensure the national power system security for the next 14 days; the unit of calculation is hour;

- Weekly security evaluation of the power system, which is conducted to evaluate the capacity to ensure the national power system security in the remaining weeks of a current month and the weeks of the subsequent month; the unit of calculation is week.”.

Article 5. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 22/2017/TT-BCT of October 23, 2017, on the black start and restoration of the national power system (below referred to as Circular No. 22/2017/TT-BCT)

1. To amend Clause 2, Article 3 as follows:

“2. The national load dispatch authority is the highest command and load dispatch authority in the load dispatch of the national power system.”.

2. To amend Clauses 1 and 2, Article 9 as follows:

“1. To give opinions on  the plan on black start and restoration of the national power system formulated, updated/modified by the national load dispatch authority.

2. To direct units under its management to implement the plan on black start and restoration of the national power system formulated by the national load dispatch authority and approved by the Electricity Regulatory Authority of Vietnam.”.

3. To amend Clauses 2 and 3, Article 10 as follows:

“2. To formulate annual plans on black start and restoration of the national power system with a voltage level of 220 kV or higher and update and modify such plans when there are major changes in power sources and grids that cause significantly changes in such plans, and consult the Vietnam Electricity and related units before submission of such plans to the Electricity Regulatory Authority of Vietnam for approval.

3. To formulate and supplement the list of power plants providing black start services in conformity with the plans on black start and restoration of the national power system; to remove power plants that cannot maintain the black start capacity and are no longer needed in the plans on black start and restoration of the national power system, and provide information thereon to the Vietnam Electricity and report such to the Electricity Regulatory Authority of Vietnam for consideration and submission to the Ministry of Industry and Trade for disclosure of the list of power plants providing black start services.”.

Article 6. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 34/2011/TT-BCT of September 7, 2011, on the formulation and implementation of plans for power supply when the national power system lacks power (below referred to as Circular No. 34/2011/TT-BCT)

1. To amend Clause 2, Article 2 as follows:

“2. The National Load Dispatch Unit.”.

2. To amend Clauses 6 and 7, Article 3 as follows:

“6. Short-term system security evaluation is specified in the regulations on power transmission system issued by the Ministry of Industry and Trade.

7. Medium-term system security evaluation is specified in the regulations on power transmission system issued by the Ministry of Industry and Trade.”.

3. To amend Point a, Clause 2, Article 9 as follows:

“a/ Reducing power for power consumers, except important power consumers approved by provincial-level People’s Committees;”.

4. To amend Article 10 as follows:

“Article 10. The national power system’s plans for power output allocation for the subsequent year

1. Based on the approved plan for the power system operation for the next year, in case the national power system is prone to power shortage, the National Load Dispatch Unit shall make calculations for monthly plans for power output allocation of the national power system for the next year to power corporations according to the method specified in Article 5 of this Circular, and send them to the Vietnam Electricity, and report such to the Electricity Regulatory Authority of Vietnam for monitoring and supervision.

2. A plan for power output allocation of the national power system for the next year must have the following contents:

a/ Expected time for power output allocation;

b/ The upstream power output demand of each power corporation during the months when the national power system lacks power;

c/ The available power of the national power system in each month during the period when the national power system lacks power;

d/ The power output monthly allocated to each power corporation during the period when the national power system lacks power, corresponding to the available electricity of the system in each month.”.

5. To amend Clause 1, Article 11 as follows:

“1. Based on the national power system’s plan for power output allocation for the next year as formulated by the National Load Dispatch Unit, the Northern, Central and Southern Power Corporations shall calculate and monthly allocate power output to provincial-level power companies under their management according to the method specified in Article 6 of this Circular, and report such to the Vietnam Electricity Group and the Electricity Regulatory Authority of Vietnam for monitoring and supervision.”.

6. To amend Clause 1, Article 12 as follows:

“1. Based on the approved operation method of the national power system for the next month, in case the national power system is anticipated to lack power in the next month, the National Load Dispatch Unit shall allocate next month’s power output of the national power system to power corporations on a weekly basis and send such to the Vietnam Electricity Group, and report thereon to the Electricity Regulatory Authority of Vietnam for monitoring and supervision.

In case the national power system or a regional power systems is anticipated to lacks power in the next month, the National Load Dispatch Unit shall determine the available capacity of the system, and the total maximum upstream capacity allocated to power corporations on a weekly basis according to the method specified in Article 7 of this Circular.”.

7. To amend Article 13 as follows:

“Article 13. Plans for local power supply for the next month

1. In case the national power system is anticipated to lack power in the next month, based on the national power system’s plan for power output allocation for the next month, the Northern, Central and Southern Power Corporations shall allocate power output for each week in the next month to provincial-level power companies under their management according to the method specified in Article 6 of this Circular, announce such on their websites, and report thereon to the Vietnam Electricity and the Electricity Regulatory Authority of Vietnam for monitoring and supervision.

2. In case the national power system is anticipated to lack power in the next month, based on annual plans for local power supply approved under Article 11 of this Circular and the power output allocated by regional power corporations for the next month, provincial-level power companies shall formulate plans for local power supply for the next month and submit them to provincial-level People’s Committee for approval.

3. In case the national power system is anticipated to lack power in the next month, based on annual plans for local power supply approved under Article 11 of this Circular and the approved plan for the national power system’s power output allocation for the next month, the Hanoi Power Corporation and the Ho Chi Minh City Power Corporation shall formulate plans for local power supply for the next month and submit them to the municipal People’s Committees for approval.

4. A plan for local power supply for the next month shall be formulated in adherence to the principles specified in Article 9 of this Circular and must have the following contents:

a/ A list of important power consumers;

b/ Power output allocated to load components and large power consumers and power distribution and retail units;

c/ Method of power harmonization and reduction for load components and large power consumers.

5. Provincial-level Departments of Industry and Trade shall advise provincial-level People’s Committees on approval and announcement of plans for local power supply in the next month.”.

8. To amend Article 14 as follows:

“Article 14. Formulation and implementation of weekly plans for local power supply

1. In case the national power system lacks power, before 11a.m of Friday of week W, based on the approved weekly plan for operation of the national power system, regional power corporations shall complete the formulation of plans for power output allocation to provincial-level power companies under the former’s management for week W+2 and update and modify plans for power supply allocation for week W+1 when necessary, and report such to the Vietnam Electricity and the Electricity Regulatory Authority of Vietnam for monitoring and supervision.

2. In case the national power system lacks electricity, before 4p.m of Friday of week W, based on regional power corporations’ plans for power output allocation, provincial-level power companies shall complete plans for power supply for week W+2 and update and modify plans for power supply for week W+1 when necessary, and report such to provincial-level Departments of Industry and Trade for monitoring and supervision.

3. Before 4p.m of Friday of week W, based on the approved weekly plan for operation of the national power system, the Hanoi Power Corporation and the Ho Chi Minh City Power Corporation shall complete their plans for power supply for week W+2 and update and modify their plans for power supply for week W+1 when necessary, and report such to the municipal Departments of Industry and Trade for monitoring and supervision.

4. Local weekly plans for power supply shall be formulated in adherence to the principles specified in Article 9 of this Circular and based on monthly plans for local power supply approved by provincial-level People’s Committees, taking into account changes in load demand in localities in the previous weeks.

5. A weekly plan for local power supply must have the following contents:

a/ Electricity output allocated for week W+1 and week W+2;

b/ A daily plan for power supply in a province or city, including:

- Electricity output allocated to load components;

- A list of large power consumers subject to power reduction;

- Daily reduced power output for load components, large customers using the distribution grid and power distribution and retail units;

- Areas subject to power reduction;

- Expected time for power reduction.”.

9. To amend Article 15 as follows:

“Article 15. Plans for capacity allocation of the national power system

1. In case the national power system is prone to capacity shortage as stated in the short-term system security evaluation results, the National Load Dispatch Unit shall:

a/ Determine the available capacity of the national power system every day in the next 2 weeks, the daily capacity shortage level and the duration of capacity shortage;

b/ Formulate a plan for capacity allocation to power corporations according to the method specified in Article 7 of this Circular, notify it to the Vietnam Electricity and power corporations, report such to the Electricity Regulatory Authority of Vietnam, and announce such on the power system’s website the capacity shortage status and the plan for capacity allocation to power corporations.

2. A plan for capacity allocation to power corporations must have the following contents:

a/ The period when the national power system lacks capacity;

b/ The available capacity of the national power system every day of a week;

c/ The capacity allocated to power corporations;

d/ The estimated amount of capacity to be reduced daily on the entire system.”.

10. To amend Article 16 as follows:

“Article 16. Formulation and implementation of local capacity reduction plans

1. In case the national power system lacks capacity, before 9a.m. of Friday of week W, based on the plan for capacity allocation announced by the National Load Dispatch Unit, the Northern, Central and Southern Power Corporations shall complete the capacity allocation for week W+2 and update and adjust the capacity allocation level for week W+1 to provincial-level power companies under their management according to the method specified in Article 8 of this Circular.

2. Before 4p.m. of Friday of week W, the Hanoi Power Corporation, the Ho Chi Minh City Power Corporation and provincial-level power companies shall complete plans for local capacity reduction for week W+2, update and modify plans for capacity reduction for week W+1 in adherence to the principles specified in Article 9 of this Circular, and report them to provincial-level Departments of Industry and Trade for monitoring and supervision under regulations.

3. In case the actual hourly operating capacity of power corporations and provincial-level power companies is greater than the planned allocation capacity, the National Load Dispatch Unit and regional load dispatch units may implement emergency load shedding measures to ensure power system security.”.

11. To amend Article 17 as follows:

“Article 17. Allocation of load capacity and power reduction upon occurrence of local capacity shortage

1. In case of a risk of congestion on the transmission grid leading to local capacity shortage or failure to meet power system operation standards, the National Load Dispatch Unit shall:

a/ Identify areas suffering local capacity shortage and areas likely to fail to meet power system operation standards, and the period of occurrence of local capacity shortage;

b/ Identify the possible maximum supply capacity for areas suffering capacity shortage and estimate the amount of capacity shortage;

c/ Formulate plans for capacity allocation in areas suffering local capacity shortage for the affected power corporations, and send them to the Vietnam Electricity and report them to the Electricity Regulatory Authority of Vietnam for monitoring and supervision.

3. Before 9a.m. of Friday of week W, regional power corporations in areas suffering local capacity shortage shall complete the capacity allocation for week W+2 and update and adjust the capacity allocation levels for week W+1 for the affected provincial-level power companies based on the approved plans for capacity allocation in areas suffering local capacity shortage, and report them to the Vietnam Electricity for monitoring and supervision.

4. Before 4p.m. of Friday of week W, the Hanoi Power Corporation, the Ho Chi Minh City Power Corporation and provincial-level power corporations in areas suffering local capacity shortage shall complete their plans for local capacity reduction for week W+2 and update and modify plans for capacity reduction for week W+1 in adherence to the principles specified in Article 9 of this Circular and report them to provincial-level Departments of Industry and Trade for monitoring and supervision.

5. During the process of load dispatch of the power system, the National Load Dispatch Unit and regional load dispatch units may implement emergency load shedding measures to ensure power system security in the following cases:

a/ In case of emergency upon occurrence of a congestion on the transmission grid leading to the risk of local capacity shortage or failure to ensure power system operation standards;

b/ The actual hourly operation capacity of power corporations and provincial-level power companies is greater than the planned allocation capacity.”.

Article 7. To amend Clause 6, Article 1 of Circular No. 39/2022/TT-BCT, amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 25/2016/TT-BCT of November 30, 2016, providing the power transmission system, Circular No. 39/2015/TT-BCT of November 18, 2015, providing the power distribution system, and Circular No. 30/2019/TT-BCT of November 18, 2019, amending and supplementing a number of articles of Circular No. 25/2016/TT-BCT of November 30, 2016, providing the power transmission system, and Circular No. 39/2015/TT-BCT of November 18, 2015, providing the distribution power system, as follows:

“6. To amend Clause 18, Article 1 as follows:

“18. To amend Article 74 as follows:

“Article 74. Identification of the demand for auxiliary services

1. General principles for identification of the demand for auxiliary services, including:

a/ Ensuring the maintenance of the power standby level and capacity of the power system so as to meet the standards for operation and security of the power system;

b/ Ensuring minimum expenses in conformity with the law-specified conditions and constraints in the national power system.

2. The unit operating the power system and electricity market shall identify and submit the demand for auxiliary services for the national power system according to the Electricity Regulatory Authority of Vietnam-issued procedures for identifying the demand and operating auxiliary services.”.

Article 8. To amend and supplement a number of contents of the Minister of Industry and Trade’s Circular No. 46/2018/TT-BCT of November 15, 2018, amending and supplementing a number of articles of the Minister of Industry and Trade’s Circular No. 21/2015/TT-BCT of June 23, 2015, providing the method of determining charges of the power system’s auxiliary services and the procedures for checking contracts for provision of the power system’s auxiliary services

1. To amend and supplement Clause 9, Article 1 as follows:

“9. To amend and supplement Article 14 as follows:

“Article 14. Organization of implementation

1. The Electricity Regulatory Authority of Vietnam shall:

a/ Appraise and submit to the Minister of Industry and Trade for approval the charges of auxiliary services of power plants providing quick-start auxiliary services and operational auxiliary services subject to regular generation to ensure power system security, voltage adjustment auxiliary services and black-start auxiliary services;

b/ Check auxiliary service provision contracts;

c/ Guide and inspect the implementation of this Circular and settle arising disputes.

2. The Vietnam Electricity shall:

a/ Reach agreement on auxiliary service charges of power plants providing auxiliary services with auxiliary service providers, submit them to the Electricity Regulatory Authority of Vietnam for appraisal;

b/ Negotiate and sign auxiliary service provision contracts with auxiliary service providers; and submit such contracts to the Electricity Regulatory Authority of Vietnam for checking.

3. The unit operating the power system and electricity market shall:

a/ Make a list of power plants providing auxiliary services;

b/ Reach agreement on and approve the repair schedule for power plants providing auxiliary services based on the actual repair period of similar items of the power plants and standards of equipment manufacturers.

4. Units providing quick-start auxiliary services, operational auxiliary services subject to regular generation to ensure power system security, frequency modulation auxiliary services, voltage regulation auxiliary services or black-start auxiliary services shall:

a/ Negotiate and sign auxiliary service provision contracts;

b/ Provide adequate information; ensure the accuracy, reasonableness and validity of data and documents provided to related units and agencies during the negotiation and checking of contracts.”.”.

2. To amend Clause 11, Article 1 as follows:

“11. To amend Clause 2, Article 2 of the model contract for auxiliary service provision provided in the Appendix to Circular No. 21/2015/TT-BCT as follows:

“2. Contract term

Except the extension or premature termination of the contract specified in Article 9 of this contract, term of the contract shall be agreed upon by the two parties in accordance with law.”.”.

Article 9. To replace or annul a number of phrases, points and clauses of Circular No. 45/2018/TT-BCT, Circular No. 24/2019/TT-BCT, Circular No. 22/2017/TT-BCT, Circular No. 34/2011/TT-BCT and Circular No. 25/2016/TT-BCT

1. To annul Clause 5, Article 17; Clauses 2 and 3, Article 132; and Clause 3, Article 133, of Circular No. 45/2018/TT-BCT.

2. To annul Clause 3, Article 9 of Circular No. 22/2017/TT-BCT.

3. To replace the phrase “National Load Dispatch Center” in the “Recipient” section of Circular No. 24/2019/TT-BCT with the phrase: “National Load Dispatch Unit”.

4. To replace the phrase “Vietnam Electricity” in Article 20 of Circular No. 34/2011/TT-BCT with the phrase “National Load Dispatch Unit”.

5. To replace the phrase “National Load Dispatch Center” in Clause 2, Article 2 and the “Recipient” section of Circular No. 34/2011/TT-BCT with the phrase “National Load Dispatch Unit”.

6. To annul Articles 93, 94 and 95 of Circular No. 25/2016/TT-BCT.

Article 10. Implementation provisions

1. This Circular takes effect on August 1, 2024.

2. The operation certificates and decisions on recognition of title holders engaged in load dispatch and operation of the power system and electricity market that are issued under Circular No. 40/2014/TT-BCT and Circular No. 45/2018/TT-BCT before this Circular takes effect remain valid until their expiry dates.

3. Within 6 months from the date of issuance of this Circular, the unit operating the power system and electricity market shall, in pursuance to Article 1 of this Circular, review and adjust the procedures specified in Clause 1, Article 132 of Circular No. 45/2018/TT-BCT and submit the adjustments to the Electricity Regulatory Authority of Vietnam for consideration and issuance.

4. Any problems arising in the course of implementation of this Circular shall be reported to the Electricity Regulatory Authority of Vietnam for consideration and settlement according to its competence or for reporting to the Ministry of Industry and Trade for settlement.-

For the Minister of Industry and Trade

Deputy Minister

TRUONG THANH HOAI