Circular 13/2025/TT-BCT determination of the electricity payment in cases electricity-measuring equipment is inaccurate

CIRCULAR

Regulating the determination of the amount of electricity payment in cases where electricity-measuring and counting equipment is inaccurate, ceases its operation, or is lost

^{__________________}

Pursuant to the Law on Electricity dated November 30, 2024;

Pursuant to the Government's Decree No. 96/2022/ND-CP dated November 29, 2022, defining the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 105/2024/ND-CP dated August 01, 2024, amending and supplementing a number of articles of Decree No. 96/2022/ND-CP and Decree No. 26/2018/ND-CP dated February 28, 2018 of the Government, on the Charter of organization and operation of the Vietnam Electricity;

At the proposal of the Director of Electricity Regulatory Authority of Vietnam;

The Minister of Industry and Trade promulgates the Circular regulating the determination of the amount of electricity payment in cases where electricity-measuring and counting equipment is inaccurate, ceases its operation, or is lost.

Article 1. Scope of regulation and subjects of application

1. This Circular regulates the determination of the amount of electricity payment in cases where the electricity-measuring and counting equipment (electricity metering equipment) is inaccurate compared to the regulated measurement technical requirements, the electricity buyer uses electricity during the time the electricity metering equipment system is damaged causing the electricity meter to cease its operation, and where the electricity buyer uses electricity during the time the electricity meter is lost as prescribed in Clause 6, Article 48 of the Law on Electricity No. 61/2024/QH15.

2. This Circular applies to Electricity Retailers, Electricity Consumers, and related agencies, organizations, and individuals.

Article 2. Determination of cases where electricity metering equipment is inaccurate or ceases its operation

1. The process of detecting and inspecting electricity metering equipment that is inaccurate or ceases its operation shall be carried out as follows:

a) When there is suspicion or detection of electricity metering equipment that is inaccurate or ceases its operation, the electricity seller or the electricity buyer shall be responsible for notifying the other party and coordinate to make a working record to record and resolve the incident. The electricity seller shall make a working record in paper form or in the form of a data message with the same validity as a document as prescribed by law for the electricity seller to sign and confirm;

b) In case where the representative of the electricity buyer is absent, authorization shall be carried out in accordance with related laws; if the electricity buyer uses electricity for domestic purposes, the legal representative of the electricity buyer in accordance with the law shall have the right to sign the record. In case where the electricity buyer refuses to sign the record, the electricity seller shall clearly state the reason in the record and obtain the signature of the representative of the local government or the local police authority;

c) In case where it is necessary to remove the electricity metering equipment for inspection, the electricity seller must notify the electricity buyer to witness the removal and testing of the equipment. The removed electricity metering equipment must keep the seal of the testing organization intact. Electricity metering equipment and other related equipment must be seized, packed, and sealed (the seal paper must have the signatures of the representatives of the electricity buyer and the electricity seller);

d) In case where the electricity buyer refuses to sign the seal as prescribed at Point c of this Clause, the electricity seller must obtain the signature of the representative of the local government or the representative of the local police authority to witness the fact that the representative of the electricity buyer did not sign the seal paper.

2. The working record must clearly state the time, place of inspection, must describe in detail the current status, manifestations of the electricity metering equipment, and the reason for removing the electricity metering equipment (in case of removal). In case of removal of electricity metering equipment as prescribed at Points c and d, Clause 1 of this Article, after completing the removal of electricity metering equipment and making a working record, when carrying out the inspection of electricity metering equipment at the testing organization, the related parties shall be responsible for witnessing the inspection and verification of the electricity metering equipment of the testing organization. If they are absent during the inspection without a valid reason, they must still acknowledge the inspection results.

3. In case where the electricity buyer suspects that the electricity metering equipment is inaccurate, the electricity buyer shall comply with the following regulations:

a) Having the right to exercise the provisions in Clause 5, Article 56 of the Law on Electricity and this Circular;

b) Being obliged to pay the testing fee as prescribed at Point a, Clause 6, Article 56 of the Law on Electricity;

c) Coordinating with the electricity seller to make a working record to record and resolve the incident as prescribed in this Article.

Article 3. Determination of cases where the electricity meter is lost

1. Upon detecting that the electricity meter is lost, the electricity seller shall request the local police authority to participate and confirm in accordance with this Circular and other related laws and shall be responsible for notifying the other party and coordinating to make a working record to record and resolve the incident. The electricity seller shall make a working record in paper form or in the form of a data message with the same validity as a document as prescribed by law for the electricity buyer to sign and confirm.

2. In case where the representative of the electricity buyer is absent, authorization shall be carried out in accordance with related laws; if the electricity buyer uses electricity for domestic purposes, the legal representative of the electricity purchaser in accordance with the law shall have the right to sign the record. In case where the electricity buyer refuses to sign the record, the electricity seller shall clearly state the reason in the record and obtain the signature of the representative of the local government or the local police authority.

3. The working record must clearly state the time, place of inspection, and must describe in detail the current status.

Article 4. Payment of electricity in cases where the electricity metering equipment is inaccurate, ceases its operation, or is lost

1. In case where the electricity buyer agrees with the electricity seller that the electricity metering equipment is inaccurate, has ceased its operation, or is lost as prescribed in Articles 2 and 3 of this Circular, the amount of electricity payment to be refunded to or collected from the electricity buyer for the period the electricity metering equipment was inaccurate, has ceased its operation, or is lost, shall be determined by multiplying the amount of electricity to be refunded or collected by the retail electricity price applicable to the purchaser during that same period.

2. In case where a backup electricity metering equipment is installed, the electricity seller and the electricity buyer may agree and unify to use the backup electricity metering equipment instead of the main electricity metering equipment to determine the amount of electricity traded between the two parties during the time the main electricity metering equipment is inaccurate, ceases its operation, or is lost. The amount of electricity to be refunded or collected in each case shall be determined according to the Clauses 3, 4, 5, and 6 of this Article.

3. In case where the metering equipment is inaccurate compared to the prescribed technical measurement requirements, the amount of electricity that the electricity seller must refund to or collect from the electricity purchaser shall be determined as follows:

a) If the time that the metering equipment is inaccurate can be determined, the electricity seller must refund to the electricity buyer the amount of electricity that was over-metered or may collect from the electricity buyer the amount of electricity that was under-metered;

b) If the time that the metering equipment is inaccurate cannot be determined, the electricity seller must refund to the electricity buyer the amount of electricity that was over-metered, or may collect from the electricity buyer the amount of electricity that was under-metered.The amount shall be calculated over a period of 02 complete, consecutive meter reading cycles, including the current, incomplete cycle up to the date the inaccuracy was discovered.

4. In case where the electricity buyer uses electricity during the time the metering circuit or electricity metering equipment is damaged or faulty, resulting in a 3-phase meter only metering 1 or 2 phases, the electricity seller may collect the unmetered electricity.The unmetered amount shall be calculated by taking the average per-phase consumption (calculated by dividing the metered electricity by the number of functioning phases) and applying that average to the unmetered phase(s). The period when the meter is not fully metering shall be determined from the time of the damage or fault recorded in the meter's memory or the remote meter data collection system to the time the metering circuit or electricity metering equipment is replaced and restored to normal operation. In case where the time of the damage or fault cannot be determined, the period when the meter is not fully metering shall be calculated from the nearest meter reading date to the date the metering circuit or electricity metering equipment is replaced and restored to normal operation.

5. In case where the electricity buyer uses electricity during the time the electricity meter ceases its operation or is lost, the amount of electricity used by the electricity buyer during the time the electricity meter ceases its operation or is lost shall be calculated as follows:

a) The average hourly electricity consumption shall be calculated over a period of 03 complete, consecutive meter reading cycles (including the current, incomplete cycle up to the date the electricity meter has ceased its operation or was lost), multiplied by the actual number of hours the meter has ceased its operation or was lost. The average hourly electricity consumption shall be calculated from the data recorded in the remote meter data collection system or calculated by agreement between both parties based on the power ratings of the actual electrical appliances used;

b) In case where there is not enough basis to determine the average hourly electricity consumption, the amount of electricity used by the electricity buyer shall be calculated as follow: the average daily electricity consumption, based on 03 complete, consecutive meter reading cycles (including the current, incomplete cycle up to the date the electricity meter has ceased its operation or was lost), multiplied by the actual number of days the meter has ceased its operation or was lost. The average daily electricity consumption shall be calculated from the data recorded in the remote meter data collection system or calculated by agreement between both parties based on the power ratings of the actual electrical appliances used;

c) The actual number of hours and days the meter has ceased its operation or was lost at Points a and b of this Clause shall be calculated from the time (hour, day) the meter stops recording the metered electricity in the meter's memory or the remote meter data collection system to the time (hour, day) the meter is replaced and restored to normal operation;

d) In case where the time the electricity meter ceased its operation or was lost cannot be determined, the actual number of days the meter has ceased its operation or was lost shall be calculated from the nearest meter reading date to the date the meter is replaced and restored to normal operation.

6. In case where the electricity purchaser uses electricity during the replacement of the meter, based on the working record agreed upon by both parties as prescribed in this Circular, the amount of electricity used by the electricity buyer shall be calculated as follow: the average of the power consumption at the time of the old meter's removal and at the time of the new meter's installation, multiplied by the actual number of hours taken for the replacement, from removal to installation.

Article 5. Implementation provisions

1. This Circular takes effect from February 01, 2025. 

2. In the process of implementation, if any difficulties arise, related units are requested to report to the Ministry of Industry and Trade for consideration, amendment, and supplementation as appropriate./.