Decree 02/2024/ND-CP transfer electricity works being public assets to EVN

DECREE

On the transfer of electricity works being public assets to the Vietnam Electricity

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Pursuant to the Law on Organization of the Government dated June 19, 2015, and the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Management and Use of Public Property dated June 21, 2017;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree on the transfer of electricity works being public assets to the Vietnam Electricity.

Chapter I
GENERAL PROVISIONS

Article 1. Scope of regulation

1. The Government regulates the transfer of electricity works that are public assets to the Vietnam Electricity.

2. Electricity works that are public assets transferred as prescribed in this Decree include:

a) Electricity works being public assets at state agencies, public non-business units, people's armed forces units, agencies of Communist Party of Vietnam, Vietnam Fatherland Front, socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, other organizations established in accordance with the law on associations (hereinafter referred to as public assets in agencies, organizations and units);

b) Electricity works being public assets assigned to enterprises to manage, excluding the state capital component at the enterprises (hereinafter referred to as public assets at enterprises);

c) Electrical works belonging to state-funded technical infrastructure projects of which the project owners are the Project Management Boards, agencies, organizations or units (hereinafter referred to as electricity works belonging to state-funded technical infrastructure projects);

d) Electricity works belonging to technical infrastructure commonly used in urban area projects, residential area projects, and other projects that must be handed over to the State by the project owners in accordance with law;

dd) Electricity works of which the ownership is established by the entire people, originating from outside the state budget (including the increased value of electricity works invested, renovated, and upgraded by organizations and individuals on existing electricity works of the electricity units), then is voluntarily transferred to the State of Vietnam through the Vietnam Electricity by such organizations and individuals in the form of non-refundable capital and the electricity unit agrees to receive it (hereinafter referred to as electricity works originating outside the state budget);

e) Electricity works of which the ownership is established by the entire people, originating from investment projects under the public-private partnership method and is agreed upon by the parties for transferring to the electricity unit according to the project contract as prescribed by law, or is decided by a competent authority to assign the electricity unit to perform the receiving task (hereinafter referred to as electricity works invested under PPP form).

3. The following cases are not covered by this Decree:

a) Handling of electricity works being assets of projects using state capital, assets under the ownership of the entire people (except for those specified at Points c, dd and e, Clause 2 of this Article) that have not yet been assigned, or transferred to an agency, organization, unit or handled in any other form.

The handling in such cases shall be carried out in accordance with the Law on Management and Use of Public Property, the Government's Decree No. 151/2017/ND-CP dated December 26, 2017, detailing a number of articles of the Law on Management and Use of Public Property, the Government's Decree No. 29/2018/ND-CP dated March 5, 2018, providing the order and procedures for establishing entire people ownership of, and handling of, assets and property, and other relevant legal documents. In case where assets of projects using state capital, assets owned by the entire people have been decided by competent agencies or persons to hand over or transfer to agencies, organizations or units for management and use, such agencies, organizations or units may transfer them to the Vietnam Electricity in accordance with this Decree;

b) The transfer, receipt of capital, assets and capital refund for electricity works under the Programs and Projects for power supply in rural, mountainous areas and islands for the 2013-2020 period;

c) The delivery and refund of investment capital in rural low-voltage grid assets with an investment approval decision issued by the competent authority before February 12, 2009;

d) The transfer, receipt of capital, assets and capital refund for the Rural Energy Project II;

dd) The transfer of an electricity work being a public asset assigned by the State to an enterprise for management has included the state capital component in the enterprise, the electricity work being asset of an enterprise with state capital;

e) The transfer of electricity works to Vietnam Electricity with requirement for capital refund.

Article 2. Subjects of application

1. Ministries, ministerial-level agencies, Government-attached agencies, Office of the Party Central Committee, National Assembly Office, President's Office, Supreme People's Court, Supreme People's Procuracy, State Audit Office of Vietnam, Vietnam Bank for Social Policies, Vietnam National University - Hanoi, Vietnam National University - Ho Chi Minh City, central agency of the Vietnam Fatherland Front and socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, other organizations established under the law on associations (hereinafter referred to as ministries and central agencies), Committee People's Committees of provinces and centrally run cities (hereinafter referred to as provincial-level People's Committees) .

2. Agencies, organizations, units, project management boards, enterprises and other entities that have electricity works within the scope specified in Clause 2, Article 1 of this Decree.

3. Vietnam Electricity, units decentralized and authorized by Vietnam Electricity to receive electricity works.

4. Other organizations and individuals related to the transfer of electricity works in accordance with this Decree.

Article 3. Interpretation of terms

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

1. Electricity works include:

a) Transmission lines and transformer stations with voltage levels of 110 kV or higher;

b) Transmission lines and transformer stations with voltage levels of less than 110 kV;

c) Independent electric systems in rural, mountainous, border areas and sea and island areas under Vietnam's national sovereignty that have not yet been connected to the national electricity grid;

d) Power plants, equipment, electricity grids connecting the power plants to the national electric system and support works of the power plants.

2. The transferor includes:

a) Agencies, organizations, and units that are managing and using electricity works specified at Point a Clause 2 Article 1 of this Decree;

b) Enterprises assigned to manage electricity works specified at Point b Clause 2 Article 1 of this Decree;

c) Project Management Board, agencies, organizations, and units assigned to act as owners of state-funded technical infrastructure projects, for electricity works specified at Point c Clause 2 Article 1 of this Decree;

d) Owners of urban area projects, residential areas and other projects for electricity works specified at Point d Clause 2 Article 1 of this Decree;

dd) Organizations and individuals that are owners of electricity works specified at Point dd Clause 2 Article 1 of this Decree;

e) Project enterprises for electricity works specified at Point e Clause 2 Article 1 of this Decree.

3. The transferee is the Vietnam Electricity, the units assigned and authorized by the Vietnam Electricity shall receive the electricity works in accordance with law (hereinafter collectively referred to as the electricity units). The Vietnam Electricity shall be responsible for publicly announcing the assigned and authorized electricity units to receive electricity works according to project types and locations.

4. The agencies receiving the transfer of technical infrastructure in urban area projects, residential area projects and other projects are agencies, organizations or units assigned by the provincial-level People's Committee to receive the infrastructure in the urban area projects, residential area projects and other projects in accordance with law.

5. Electricity works belonging to technical infrastructure commonly used in urban area projects, residential areas and other projects handed over by the project owners to the State are electricity works commonly used in urban area projects, residential area projects and other projects that must be handed over to the State according to the projects approved by competent agencies and persons.

Article 4. Conditions for electricity works to be transferred to the Vietnam Electricity

1. Electricity works specified at Points a, b, c and d Clause 2 Article 1 of this Decree that are transferred to Vietnam Electricity in accordance with Chapter II of this Decree must fully meet the following conditions:

a) Being in compliant with the electricity development master plans and electricity supply network development plans in the provincial master plans at the time of construction or at the time of checking the current status of electricity works for transfer (for works electricity specified at Points a and d Clause 1 Article 3 of this Decree);

b) Meeting relevant regulations and standards at the time of checking the current status of the electricity works for transfer;

c) The electricity works are under normal operation (being used to generate, transmit or distribute electricity) at the time of checking the status of the electricity works for transfer;

d) The electricity works are not mortgaged, guaranteed or secured by any other debt obligations.

For electricity works specified at Points a and b Clause 2 Article 1 of this Decree, that meet the provisions of Points a and d of this Clause but fail to meet the conditions specified at Points b and c of this Clause, if the electricity unit determines that such works may be renovated and repaired for continue operating, they shall be determined to be eligible for transfer.

2. Electricity works specified at Point dd Clause 2 Article 1 of this Decree that are transferred to Vietnam Electricity in accordance with Chapter III of this Decree must fully meet the conditions specified in Clause 1 of this Article and must be able to supply electricity or develop electricity supply for local organizations and households.

3. Electricity works specified at Point e Clause 2 Article 1 of this Decree must meet the conditions for transfer as prescribed in the Government's Decree No. 35/2021/ND-CP dated March 29, 2021, detailing and guiding the implementation of the Law on Investment in the Form of Public-Private Partnership (hereinafter referred to as Decree No. 35/2021/ND-CP).

Article 5. Principles for transferring electricity works to the Vietnam Electricity

1. In case the electricity work meets the conditions specified in Article 4 of this Decree and the entities specified at Points a, b, c, dd and e Clause 2 Article 3 of this Decree, the agency receiving the handover of technical infrastructure commonly used in urban area projects, residential area projects and other projects that need to transfer them to the Vietnam Electricity may transfer such works in their original state to the Vietnam Electricity in accordance with this Decree.

2. Agencies, organizations, units, enterprises and other entities specified in Clause 2 Article 3 of this Decree shall be responsible for continuing to manage, use and handle according to regulations for:

a) Electricity works that agencies, organizations, units, businesses and other entities do not need to transfer;

b) Electricity works fail to meet the transfer conditions as prescribed in Article 4 of this Decree;

c) Electricity works located at locations containing state secrets in accordance with the law on protection of state secrets;

d) Electricity projects invested with loan capital but the agency, organization, or unit with assets has not yet completed loan repayment.

3. The transfer of an electricity work to the Vietnam Electricity shall be carried out by the method that the transferor records a decrease in assets, the Vietnam Electricity records an increase in assets, and increase in state capital invested in the Vietnam Electricity according to the value of the electricity work at the time of transfer. The determination of the value of the transferred electricity work shall be carried out in accordance with this Decree. No capital refund will be made for transferred electricity works. The Vietnam Electricity shall record an increase in assets and increase in investment capital of the Vietnam Electricity in electricity units in accordance with the law on management and use of state capital invested in production and business at enterprises and financial management regulations of the Vietnam Electricity.

4. For electricity works specified at Point dd Clause 2 Article 1, of which their costs have been included in the electricity sale prices of the transferors to the electricity units (except for electricity works/projects where the fixed electricity sale price is applied - Feed-in tariffs (FIT), the costs of the transferred electricity works calculated for the remaining time under the projects must be deducted from the electricity sale prices in the power purchase agreements between the transferors and the electricity units.

5. After completing the handover and receipt, the electricity unit shall be responsible for managing, using, accounting for assets and capital, and depreciating assets in accordance with the law on investment of state capital in production and business at enterprises and relevant laws. The management and use of land associated with transferred electricity works shall be carried out in accordance with the land law and the provisions of this Decree.

6. During the period of not completing the handover of the electricity work to the electricity unit, an agency, organization, unit, enterprise or individual with the electricity work shall be responsible for management, operation, maintenance, and repair of the electricity work in accordance with law, ensuring safety and stable operation.

Chapter II

TRANSFER OF ELECTRICITY WORKS BEING PUBLIC ASSETS AT AGENCIES, ORGANIZATIONS, UNITS, ENTERPRISES AND ELECTRICITY WORKS BELONGING TO STATE-FUNDED TECHNICAL INFRASTRUCTURE PROJECTS

Article 6. Order and procedures for transferring electricity works that are public assets at agencies, organizations, units, enterprises and electricity works belonging to State-funded technical infrastructure projects

1. When there is an electricity work that needs to be transferred, the transferor shall be responsible for preparing an application dossier for transfer and sending it (directly, via postal service or electronically in case of having a digital signature) to the transferee according to the Vietnam Electricity’s announcement.

An application dossier for transfer must comprise:

a) A written request for transfer of the electricity work of the transferor, made according to Form No. 01 provided in the Appendix to this Decree; 01 original;

b) Dossier as prescribed in Clause 1 Article 7 this Decree.

2. Within 30 days from the date of receiving the complete dossier, the transferee shall assume the prime responsible for, and coordinate with the transferor in, inspecting the current status of the electricity work and evaluating the satisfaction of transfer conditions prescribed in Article 4 of this Decree and making a record according to Form No. 02 provided in the Appendix to this Decree. On that basis:

a) In case the electricity work is eligible for transfer, the transferee shall assume the prime responsible for, and coordinate with the transferor in, carrying out inventory and determining the value of the transferred electricity work in accordance with this Decree and following the provisions of Clauses 3 and 4 of this Article;

b) In case the electricity work is ineligible for transfer, the transferee shall notify the transferor in writing that the electricity work is ineligible for transfer, specifically identifying the conditions not met.

3. Within 7 days from the date of completing the inventory and determination of the value of the electricity work, the head of the transferor shall issue a decision on transferring the electricity work, made according to Form No. 06 provided in the Appendix to this Decree.

4. Within 7 days from the date of the transfer decision is issued, the transferor shall assume the prime responsible for, and coordinate with the transferee in the handover and receipt of the electricity work along with the dossier prescribed in Article 7 of this Decree. The handover and receipt of assets must be made in writing according to Form No. 08 provided in the Appendix to this Decree.

5. Based on the record of handover and receipt of assets, the transferee shall record an increase in assets and investment capital of the owner in the enterprise.

Article 7. Dossiers for handover and receipt of electricity works

A dossier for handover and receipt of an electricity work comprises original documents and documents prepared at the time of handover and receipt.

1. Original documents must comprise:

a) Investment decisions, technical designs, construction drawing designs of the electricity work, acceptance documents for completed work, independent work items related to the electricity work, notice of results of acceptance test of completed construction items in accordance with law, environmental impact assessment report (if any): 01 copy;

b) Documents on transfer and receipt of assets in case the electricity work is formed from procurement, delivery, or transfer: 01 copy;

c) Documents on accounting for the original price and remaining value of the electricity work at the time of transfer, for accounted electricity works: 01 copy;

d) Document approving the settlement from the competent authority (if there is an approved settlement); written request for approval of settlement or acceptance minute A - B or written estimate approval (if there is no approved settlement), for unaccounted electricity works: 01 copy;

d) As-built documents, horizontal plans of transmission line corridor and transformer station site: 01 copy;

e) Documents on warranty and insurance for the electricity work in case the electricity work is under warranty or insured: 01 original;

g) Land documents related to the land allocation, land lease, or recognition of land use rights associated with the electricity work and other land-related documents (if any): 01 copy;

h) Certificate of design approval, design approval document, document approving the acceptance results of fire prevention and fighting from the competent authority (if any); firefighting plan, fire prevention plan in accordance with the law on fire prevention and fighting: 01 copy.

Copies specified in this Clause must be stamped with confirmation of the transferor. In case the transferred electricity work is only one item in the construction investment project, the transferor shall make a copy of the dossier related to the transferred electricity work item.

2. In addition to the documents specified in Clause 1 of this Article, at the time of delivery, the transferor shall assume the prime responsible for, and coordinate with the transferee in, preparing the horizontal plan of the current status of the electricity work to make legal basis for further operational management.

3. In case the documents specified in Clause 1 of this Article are unavailable or lost, the transferor shall have a written confirmation of the loss of the documents or the absence of the original documents and shall take responsibility for the confirmation. Written confirmation shall be substituted for lost or absent documents. At the same time, the transferor shall assume the prime responsibility for, and coordinate with the transferee in, re-creating the land map associated with the electricity work, the overall current horizontal plan, the transformer station site plan and the horizontal plan of the transmission line corridor, certified by relevant parties to serve as a legal basis for management and operation.

Article 8. Responsibilities of parties involved in the transfer of electricity works being public assets at agencies, organizations, units, enterprises and electricity works belonging to State-funded technical infrastructure projects

1. The transferor shall be responsible for:

a) Organizing the management, operation, maintenance and repair of assets in accordance with the law until the time of signing the minutes of handover and receipt of assets; taking responsibility for compliance with procedures and regulations related to construction investment before handover; not pledging, mortgaging, or guaranteeing any other debt security for the electricity work while waiting for handover;

b) Reporting to the superior management agency on the transfer results after signing the minutes of handover and receipt of assets;

c) Preparing complete dossiers as specified in Clause 1 Article 7 of this Decree or having written confirmation of the loss or absence of dossiers and re-compiling the dossiers as prescribed in Clause 3 Article 7 of this Decree; coordinating with the transferee to inspect the current status of the electricity work, evaluate the satisfaction of transfer conditions, conduct inventory and determine the value of the transferred electricity work;

d) Handing over assets and related dossiers, creating favorable conditions for the receipt, management and operation of the transferee's assets;

dd) Carrying out accounting for reduction of assets and value of transferred assets; reporting and declaring asset changes in accordance with law;

e) Performing other responsibilities specified in this Decree and relevant laws.

2. The transferee shall be responsible for:

a) Receiving assets and related dossiers;

b) Carrying out accounting for increased assets and increased investment capital of the owner at the enterprise according to the value of the transferred electricity work determined under Article 9 of this Decree in accordance with law;

c) Organizing the management, operation, maintenance and repair of assets in accordance with the law from the time of signing the minutes of handover and receipt of assets;

d) Performing other responsibilities specified in this Decree and relevant laws.

Article 9. Inventory and determination of the value of transferred electricity works

1. The inventory and determination of the value of transferred electricity works shall be made into a minute according to Form No. 03 provided in the Appendix to this Decree.

2. The transferee shall, based on the quantity and scale of the electricity work according to the actual inventory, assume the prime responsibility for, and coordinate with the transferor in, determining the value of the electricity work for transfer as follows:

a) In case the electricity work has been accounted and calculated for depreciation, the value of the transferred electricity work shall be determined by the remaining value of the electricity work being monitored on the transferor’s accounting books at the time of inventory and valuation;

b) In case the electricity work has not been accounted and the depreciation for the used period has not yet been calculated but dossiers and documents related to project settlement approval are available and there are dossiers to determine the time when the work is put into operation, the value of the transferred electricity work shall be determined as follows:

In case the actual inventory shows that the number of electrical work items transferred is smaller than the number of electrical work items in settlement, the settlement value of the transferred electricity work shall be determined by the total detailed settlement value of electrical work items according to actual inventory. In case there is no detailed settlement for each item, the settlement value of the transferred electricity work shall be determined by the settlement value of the work allocated according to appropriate criteria for the transferred electricity work item according to actual inventory.

In case the electricity work has not been accounted, the depreciation for the used period has not yet been calculated and dossiers and documents related to project settlement approval are unavailable but there are dossiers to determine the time when the work is put into operation, the value of the electricity work shall be determined as follows:

In case the used period exceeds the depreciation time according to regulations applicable to the electricity unit, the value of the transferred electricity project shall be determined in accordance with Point c of this Clause.

c) In case the electricity work has not been accounted, the depreciation has not been calculated for the used period and there is not enough basis to determine the value of the electricity work under Point b of this Clause, the transferee shall hire a valuation enterprise to advise on determining the value of the transferred electricity work. In case the valuation enterprise cannot be hired, the transferor shall assume the prime responsibility for, and coordinate with the transferee in, establishing the State’s Valuation Council to advise on determining the value of the electricity work.

In case of hiring a valuation enterprise, the selection of a valuation enterprise shall follow relevant laws.

In case of establishing the State's Valuation Council, the establishment and operating principles of the Council shall comply with the 2023 Law on Prices.

d) In case the electricity work is accounted together with the value of the transferor's construction work or the electricity work has fully accounted for depreciation, the determination of the value of the transferred electricity work shall be carried out in accordance with Point c of this Clause.

dd) In case the electricity work has just been completed, put into operation and its settlement has not yet been approved by a competent state agency, the value of the transferred electricity work shall be determined in the following order of priority:

dd1) Value of proposed settlement;

dd2) Value determined according to the A-B acceptance minutes;

dd3) Approved value.

Article 10. Use of land associated with the transferred electricity works

1. In case the electricity work is located within the premise or facility of non-business unit, production and business establishment or within the scope of infrastructure assets that cannot be separated therefrom, the land use rights for the land area associated with the electricity work shall continue to belong to the transferor, and the electricity work attached to the land shall be under the legal ownership of the transferee. The transferor shall sign an agreement with the transferee and take responsibility for ensuring favorable conditions for the transferee to perform maintenance, repair, and operation management of the electricity work. After handing over the electricity work, in case the transferor requests to move the electricity work from the current location to a new location, the transferor must notify the transferee in writing and take responsibility for coordinating with the transferee to contact the competent land management agency and relevant functional agencies to arrange a new location to serve the move in accordance with the land law, ensuring convenience for operation management. Costs for dismantling the electricity work at the current location, transportation, construction and installation of the electricity work at new locations and other costs related to moving the electricity work shall be paid by the party requesting the move.

2. In case an electricity work is located outside the premise or facility of non-business unit, production and business establishment, the scope of infrastructure assets or can be separated therefrom, the land area associated with the electricity work shall be transferred. The transferor shall be responsible for carrying out procedures for voluntarily returning the land for the land area associated with the handed over electricity work in accordance with the land law (the transferor is not required to rearrange or handle the house or land according to the Government's regulations on rearranging and handling public assets for electricity works and land areas associated with electricity works transferred to electricity units). The State shall recover land, allocate and lease land to the transferee in accordance with the land law; the transferee shall be responsible for paying land rental according to the land law.

During the time of completing land procedures according to regulations, the local government where the electricity work is located shall be responsible for ensuring favorable conditions for the transferee to carry out maintenance, repair, and operation management of the handed over electricity work.

Article 11. Handling of expenses incurred during the asset transfer process

1. Expenditures:

a) Expenses for assessing the satisfaction of transfer conditions, inventorying and determining the value of the electricity work;

b) Expenses for hiring a valuation enterprise to advise on determining the value of the electricity work;

c) Expenses for carrying out administrative procedures regarding transferred land and electricity work;

d) Expenses for re-creating the land map associated with the electricity work, the overall current horizontal plan, the transformer station site plan and the horizontal plan of the transmission line corridor;

dd) Expenses for management, operation, maintenance and repair of the electricity work;

e) Other costs directly related to the handover and reception of the electricity work.

2. Spending levels:

a) Expenses specified in Clause 1 of this Article, that have standards, norms and regimes prescribed by competent agencies and persons, shall follow such standards, norms and regimes;

b) Service rental costs shall comply with the signed contract in accordance with laws. The selection of service providers shall comply with relevant laws. The transferor and transferee shall agree to assign one party to select and sign the service rental contract;

c) In case the standards, norms and regimes prescribed by competent agencies and persons applicable to the expenses specified in Clause 1 of this Article are unavailable (except for the case specified at Point b of this Clause), the head of the unit paying the costs shall decide on the spending level, ensures sufficient invoices and documents according to the State's current regulations on financial management and shall be responsible for his/her decision.

3. Funding sources:

a) Direct costs for persons participating in assessing transfer conditions, inventorying, determining the value of electricity works, handing over and receiving electricity works shall be paid by the party where such persons are working for according to regulations;

b) The cost for hiring a valuation enterprise to determine the value of the asset and other costs directly related to the transfer shall be paid by the transferee;

c) Expenses paid by the transferee shall be accounted in the enterprise's production and business operating expenses. Expenses paid by the transferor that are used from the regular expenditure sources of agencies, organizations, and units in accordance with the law on state budget and the authorized funding sources of agencies, organizations and units (in case the transferor is an agency, organization or unit), shall be accounted in the enterprise's production and business operating expenses (in case the transferor is an enterprise).

Chapter III

TRANSFER OF ELECTRICITY WORKS BELONGING TO TECHNICAL INFRASTRUCTURE COMMONLY USED IN URBAN AREA PROJECTS, RESIDENTIAL AREA PROJECTS, AND OTHER PROJECTS THAT MUST BE HANDED OVER TO THE STATE BY THE PROJECT OWNERS IN ACCORDANCE WITH LAW

Article 12. Order and procedures for transfer electricity works belonging to technical infrastructure commonly used in urban area projects, residential area projects, and other projects that must be handed over to the State by the project owners in accordance with law

1. The transferor shall be responsible for preparing a dossier requesting handover of the electricity work to the State and sending it (directly or via postal service or electronically in case of digital signature) to the agency receiving technical infrastructure in urban area projects, residential area projects and other projects.

Such a dossier must comprise:

a) The project owner's written request for transfer of the electricity work, made according to Form No. 01 provided in the Appendix to this Decree: 01 original;

b) Documents serving the management, operation and maintenance of the work, made according to Appendix IX of the Government’s Decree No. 06/2021/ND-CP dated January 26, 2021, detailing a number of provisions on quality management, construction and maintenance of construction works: 01 copy;

c) Document approving the settlement from the competent State agency (if any): 01 copy;

d) Land documents related to the land allocation, land lease, change of land use purposes, or recognition of land use rights associated with the work and other relevant documents (if any): 01 copy;

dd) Certificate of design approval, design approval document, document approving the acceptance results of fire prevention and fighting from the competent authority (if any); firefighting plan, fire prevention plan in accordance with the law on fire prevention and fighting: 01 copy.

Copies specified in this Clause must be stamped with confirmation of the transferor. In case these documents are unavailable or lost, the transferor shall have a written confirmation of the loss of the documents or the absence of the documents and shall take responsibility for the confirmation. Written confirmation shall be substituted for lost or absent documents. At the same time, the transferor shall assume the prime responsibility for, and coordinate with the agency receiving the handover of technical infrastructure in urban area projects, residential area projects, and other projects, and the transferee in, re-creating the land map associated with the electricity work, the overall current horizontal plan, the transformer station site plan and the horizontal plan of the transmission line corridor, certified by relevant parties to serve as a legal basis for management and operation.

2. Within 7 days from the date of receiving the complete dossier requesting transfer of an electricity work, the agency receiving the handover of technical infrastructure in urban area project, residential area project or other projects shall issue documents on the transfer of the electricity work accompanied by documents prepared by the transferor and sent them to the transferee according to the announcement of the Vietnam Electricity.

3. Within 30 days from the date of receiving the complete dossier from the agency receiving the handover of technical infrastructure in urban area project, residential area project or other projects, the transferee shall assume the prime responsible for, and coordinate with the agency receiving the handover of the technical infrastructure in urban area project, residential area project or other projects, and the transferor in, inspecting the current status of the electricity work and evaluating the satisfaction of transfer conditions prescribed in Article 4 of this Decree and making a record according to Form No. 02 provided in the Appendix to this Decree. On that basis:

a) In case the electricity work is eligible for transfer, the inventory and determination of the value of transferred electricity work shall be carried out under Clause 4 of this Article, and must be made into a minute according to Form No. 04 provided in the Appendix to this Decree;

b) In case the electricity work is ineligible for transfer, the transferee shall notify the transferor and the agency receiving the handover of the technical infrastructure in urban area project, residential area project or other projects in writing that the electricity work is ineligible for transfer, specifically identifying the conditions not met. After the transferor fixes the shortcomings to meet the transfer conditions to carry out the transfer according to regulations, it will continue to perform the steps for transfer in accordance with this Decree.

The value of the transferred electricity work shall be determined as follows:

a) For the electricity work that is approved for settlement in writing by the competent state agency and the dossiers to determine the time the project is put into operation are available, the value of the transferred electricity work shall be determined as follows:

In case the actual inventory shows that the number of electrical work items transferred is smaller than the number of electrical work items in settlement, the settlement value of the transferred electricity work shall be determined by the total detailed settlement value of electrical work items according to actual inventory. In case there is no detailed settlement for each item, the settlement value of the transferred electricity work shall be determined by the settlement value of the work allocated according to appropriate criteria for the transferred electricity work item according to actual inventory.

For the electricity work that is not approved for settlement in writing by the competent state agency but the dossiers to determine the time the project is put into operation are available, the value of the transferred electricity work shall be determined as follows:

b) In case there is not enough basis to determine the value of the electricity work as prescribed at Point a of this Clause and in case the used period exceeds the depreciation time according to regulations applicable to the electricity unit, the transferee shall be responsible for hiring a valuation enterprise to advise on determining the value of the transferred electricity work. The selection of a valuation enterprise shall be carried out in accordance with relevant laws.

5. Within 7 days from the date of completing the inventory and determination of the value of the electricity work, the head of the agency receiving the handover of technical infrastructure in urban area project, residential area project or other projects shall issue a decision on transferring the electricity work, made according to Form No. 06 provided in the Appendix to this Decree.

6. Within 7 days from the date of issuing the decision on transfer of the electricity work, the transferor shall assume the prime responsibility for, and coordinate with the transferee and the agency receiving the transfer of technical infrastructure in urban area project, residential area project or other projects in, organizing the handover and receipt of the electricity work along with dossiers as prescribed in Clause 1 of this Article and preparing a horizontal plan of the current status of the electricity work at the time of handover and receipt to serve as a legal basis for future operation and management. The handover and receipt shall be made in writing according to Form No. 08 provided in the Appendix to this Decree.

7. Handling of land associated with the transferred electricity work and handling of expenses incurred during the transfer process shall comply with Articles 10 and 11 of this Decree.

8. After completing the handover and receipt, the transferee shall record an increase in assets and investment capital of the owner in the enterprise in accordance with the law on management and use of state capital invested in production and business at enterprises.

Article 13. Responsibilities of parties involved in the handover and receipt of electricity works belonging to technical infrastructure in urban area projects, residential areas projects and other projects

1. The transferors shall be responsible for:

a) Organizing the management, operation, maintenance and repair of electricity works in accordance with the law until the time of signing the minutes of handover and receipt of assets; taking responsibility for compliance with procedures and regulations related to construction investment before handover;

b) Preparing complete dossiers specified in Clause 1 Article 12 of this Decree, coordinating with the transferee and the agency receiving the handover of technical infrastructure in urban area project, residential area project or other projects to check the status of electricity works, carry out the inventory and determination of the value of transferred electricity works;

c) Transferring assets and relevant documents, and facilitate the receipt, management and operation by the transferee;

d) Carrying out accounting for reduction of assets and value of transferred assets in accordance with law;

dd) Performing other responsibilities specified in this Decree and relevant laws.

2. The transferees shall be responsible for:

a) Assuming the prime responsibility for, and coordinating with the transferor and the agency receiving the handover of technical infrastructure in urban area project, residential area project or other projects to check the status of electricity works, carry out the inventory and determination of the value of transferred electricity works;

b) Receiving assets and relevant documents;

c) Carrying out accounting for increased assets and increased investment capital of the owner at the enterprise according to the value of the transferred electricity work determined under Clause 4 Article 12 of this Decree in accordance with law;

d) Organizing the management, operation, maintenance and repair of assets in accordance with the law from the time of signing the minutes of handover and receipt of assets;

dd) Performing other responsibilities specified in this Decree and relevant laws.

3. The agencies receiving the handover of technical infrastructures in urban area projects, residential areas and other projects shall coordinate with the transferors and transferees in the process of handing over and receiving electricity works in accordance with this Decree, report to the provincial-level People’s Committees to handle problems arising during the handover and receipt.

Chapter IV

TRANSFER OF ELECTRICITY WORKS OF NON-STATE BUDGET ORIGIN

Article 14. Establishment of the entire people ownership and transfer of electricity works of non-state budget origin

1. Competence to decide on establishment of the entire people ownership and transfer it to the Vietnam Electricity:

a) Chairpersons of provincial-level People’s Committees or the competent agencies and persons as decentralized by People's Councils of provinces or centrally run cities shall make decisions, for electricity works located in provinces or centrally run cities, except for the cases specified at Point b of this Clause;

b) The Minister of Industry and Trade shall make decisions or delegate decision-making competence for electricity works in 02 or more provinces and centrally run cities.

2. Organizations and individuals that are the owners of electricity works of non-state budget origin shall compile an application dossier for transfer of the asset ownership to the Vietnam Electricity, and sending it (directly, via postal service or electronically in case of having a digital signature) to the transferees according to the Vietnam Electricity’s announcement.

An application dossier for transfer must comprise:

a) Document of the organization or individual who is the owner of the electricity work requesting transfer of ownership of the electricity work to the Vietnam Electricity, made according to Form No. 01 provided in the Appendix to this Decree: 01 original;

b) Investment decisions, technical designs, construction drawing designs relevant to the electricity work, acceptance minutes for completed work, independent work items related to the electricity work, notice of results of appraisal of the project/work, notice of results of acceptance test of completed construction items, construction work in accordance with law, environmental impact assessment report (if any): 01 copy;

c) As-built documentation, the site plans of electricity transmission lines and electrical substation (if any): 01 copy;

d) Land documents related to the land allocation, land lease, or recognition of land use rights for construction investment and other relevant documents (if any): 01 copy;

dd) Certificate of design approval, design approval document, document approving the acceptance results of fire prevention and fighting from the competent authority (if any); firefighting plan, fire prevention plan in accordance with the law on fire prevention and fighting: 01 copy.

Copies specified in this Clause must be certified by competent agencies and organizations. In case such dossiers do not exist or are lost, the organization or individual that is the owner of the electricity work must have a written confirmation of the loss or absence of dossiers and shall take responsibility for the confirmation. An organization or individual that is the owner of the electricity work shall coordinate with the transferee to re-prepare the land map associated with the electricity work, the overall current horizontal plan, the transformer station site plan and the horizontal plan of the transmission line corridor, certified by relevant parties to serve as a legal basis for management and operation.

3. Within 30 days from the date of receiving the dossier sent by the transferor, the transferee shall assume the prime responsible for, and coordinate with the transferor in, inspecting the current status of the electricity work and evaluating the satisfaction of transfer conditions prescribed in Article 4 of this Decree and making a record according to Form No. 02 provided in the Appendix to this Decree. On that basis:

a) In case the electricity work is eligible for transfer, the inventory and determination of the value of the electricity work shall be carried out under Clause 4 of this Article, and must be made into a minute according to Form No. 05 provided in the Appendix to this Decree;

b) In case the electricity work is ineligible for transfer, the transferee shall notify the transferor in writing that the electricity work is ineligible for transfer, specifically identifying the conditions not met. In case the transferor fixes the shortcomings to meet the transfer conditions, it may take the next steps to transfer in accordance with this Decree.

4. The transferee shall assume the prime responsible for, and coordinate with the transferor in, determining the electricity work value as follows:

In case the used period exceeds the depreciation time according to regulations applicable to the electricity unit or there is not enough basis to determine the value of the electricity work according to the above regulations, a valuation enterprise must be hired to determine the value of the transferred electricity work. The transferee shall hire a valuation enterprise; the selection of a valuation enterprise shall follow relevant laws.

5. Within 30 days from the date of completion of inventory and valuation, the transferee shall be responsible for preparing dossiers to report to the competent agency or person specified at Point a Clause 1 of this Article for consideration and decision on establishing the entire people ownership and transferring it to the Vietnam Electricity (in case the electricity work is located in a province or centrally run city) or reporting to the Vietnam Electricity for consideration and report to the competent agency or person specified at Point , Clause 1 of this Article to decide on establishing the entire people ownership and transfer it to the Vietnam Electricity (in case the electricity work is located in 02 or more provinces and centrally run cities).

An application dossier for establishment of the entire people ownership and transfer to the Vietnam Electricity must comprise:

a) The transferee’s application for establishment of the entire people ownership and transfer to the Vietnam Electricity: 01 original;

b) List of electricity works prepared by the transferee (technical specifications, condition of electricity works, year put into operation, value of electricity works): 01 original;

c) Minutes of the inventory and determination of the value of electricity works, made according to Form No. 05 provided in the Appendix to this Decree: 01 original;

d) Document of the organization or individual who is the owner of the electricity work requesting transfer of ownership of the electricity work to the Vietnam Electricity, made according to Form No. 01 provided in the Appendix to this Decree: 01 original.

6. Within 7 days from the date of receiving complete and valid dossiers, the competent agency or person shall issue a Decision to establish the entire people ownership and transfer to the Vietnam Electricity according to Form No. 07 provided in the Appendix to this Decree or provide a written response in case the request is inappropriate. The transferor and transferee shall be responsible for the information, value of the electricity work, and dossiers serving as a basis for competent agencies and persons to decide to establish the entire people ownership and transfer it to the Vietnam Electricity.

7. Within 7 days from the date of issuing the decision on establishment of the entire people ownership and transfer to the Vietnam Electricity, the transferor shall assume the prime responsibility for, and coordinate with the transferee in, organizing the handover and receipt of the electricity work along with dossiers as prescribed in Clause 2 of this Article and preparing a horizontal plan of the current status of the electricity work at the time of handover and receipt to serve as a legal basis for future operation and management. The handover and receipt shall be made in writing according to Form No. 08 provided in the Appendix to this Decree.

8. Handling of land associated with the transferred electricity work and handling of expenses incurred during the asset transfer process shall comply with Articles 10 and 11 of this Decree, and the following regulations:

a) The transferor shall be responsible for completing financial obligations regarding land as prescribed by law, for the land area associated with the electricity work before transferring to the transferee;

b) In case the transferor is an economic organization (except for an enterprise), the costs paid by the transferor shall be accounted into the operating costs of the economic organization;

c) In case the request to establish the entire people ownership is not approved by the competent authority, the costs incurred by the transferee for inventorying, determining the value of the electricity work and other related costs, shall be accounted in the transferee's production and business costs.

9. After completing the handover and receipt, the transferee shall record an increase in assets and investment capital of the owner in the enterprise in accordance with the law on management and use of state capital invested in production and business at enterprises.

Article 15. Responsibilities of parties related to the handover and receipt of electricity works of non-budget origin

1. The transferors shall be responsible for:

a) Organizing the management, operation, maintenance and repair of assets in accordance with the law until the time of signing the minutes of handover and receipt of assets; taking responsibility for compliance with procedures and regulations related to construction investment before handover;

b) Preparing complete dossiers as specified in Clause 2 Article 14 of this Decree; coordinating with the transferee to inspect the current status of the electricity work, evaluate the satisfaction of transfer conditions, conduct inventory and determine the value of the transferred electricity work;

c) Transferring assets and relevant documents, and facilitate the receipt, management and operation by the transferee;

d) Performing other responsibilities specified in this Decree and relevant laws.

2. The transferees shall be responsible for:

a) Assuming the prime responsibility for, and coordinating with the transferor in, inspecting the current status of the electricity work, evaluating the satisfaction of transfer conditions, inventorying and determining the value of the transferred electricity works;

b) Receiving assets and relevant documents;

c) Carrying out accounting for increased assets and increased investment capital of the owner at the enterprise according to the value of the transferred electricity work determined under Clause 4 Article 14 of this Decree in accordance with law;

d) Organizing the management, operation, maintenance and repair of assets in accordance with the law from the time of signing the minutes of handover and receipt of assets;

dd) Performing other responsibilities specified in this Decree and relevant laws.

Chapter V

TRANSFER OF ELECTRICITY WORKS INVESTED UNDER PPP FORM

Article 16. Confirmation of completion, principles, conditions for transfer and management and operation of electricity works invested under PPP form

1. The confirmation of completion and transfer of the works invested under PPP form (except for early-transferred electricity works) shall be carried out in accordance with Articles 76 and 77 of the Government’s Decree No. 35/2021/ND-CP dated March 29, 2021.

2. In case Vietnam Electricity is the transferee of the work under the project contract (PPP project contract or power purchase agreement in electricity works invested under PPP form) or is a unit assigned by a competent agency to perform the task of receiving the electricity work for operation, business and maintenance of the electricity work in accordance with Clause 2 Article 77 and Clause 4 Article 80 of Decree. No. 35/2021/ND-CP:

a) The Vietnam Electricity shall be responsible for coordinating with the agency signing the project contract to carry out procedures for assessing the quality, value and condition of the electricity work in accordance with the project contract; taking over the operation, business and maintenance of the electricity work, without affecting the continuity and quality of electricity supply from the date of termination of the project contract or the time of transfer as prescribed in the project contract, including cases where the competent agency or person has not yet issued a decision on establishing the entire people ownership and transferring the electricity work to the electricity unit;

b) The Vietnam Electricity shall be the unit receiving the transfer of electricity works invested under PPP form by recording increases in assets and the owner's investment capital in the enterprise. After the termination of the project contract or at the time of transfer according to the project contract (for early-transferred electricity works), the contracting agency or Vietnam Electricity (for early-transferred electricity works) shall be responsible for reporting to the competent agency or person to decide on establishing the entire people ownership and transferring electricity works invested under PPP form to the Vietnam Electricity in accordance with Article 17 of this Decree;

c) Costs related to preparation for receiving operation, business, and maintenance of the works up to the time of signing the handover minutes shall b paid by the Vietnam Electricity and accounted as the electricity unit’s production and business costs.

Article 17. Establishment of the entire people ownership and transfer of electricity works invested under PPP form to the Vietnam Electricity

1. The order of transfer and receipt of electricity works invested under PPP form shall comply with Article 78 of Decree No. 35/2021/ND-CP. Particularly for electricity work items invested under PPP form for which the project contract signed in accordance with the law stipulates the handover of the work to the Vietnam Electricity before the date of terminating the project contract (in this Decree, it is called an early-transferred electricity work), the following procedures shall be carried out:

a) After completing the investment in construction of the early-transferred electricity work, at least 60 days before the transfer agreement, the project enterprise must prepare an application dossier for transfer and send it to the Vietnam Electricity. A dossier must comprise:

An application for transfer of the electricity work: 01 original;

Report on the responsiveness of the work and infrastructure system according to the conditions specified in Clause 1 Article 77 of Decree No. 35/2021/ND-CP: 01 original.

b) Within 30 days from the date of receiving the application dossier for transfer, the Vietnam Electricity shall assume the prime responsibility for, and coordinate with the project enterprise and other relevant agencies (if necessary), organizing assessment of the quality, value, and condition of the electricity work according to the principles and conditions agreed in the project contract. In case the electricity work meets the conditions, make a list of transferred electricity works and sign a minutes of asset handover. In case the electricity work does not meet the conditions, make a record identifying the unmet conditions to request the project enterprise to fix it before making a list of transferred electricity works and signing a minutes of asset handover.

2. At least 30 days before the transfer agreement (for early-transferred electricity works) or before the project contract termination date according to the term specified in the contract (for the remaining electricity works), the Vietnam Electricity (for early-transferred electricity works) or the contracting agency (for the remaining electricity works) shall prepare dossiers and report to the Minister and Head of central agency (in case the contracting agency is under central management), the Chairperson of the provincial-level People’s Committee (in case the contracting agency is under local management) shall decide on establishing the entire people ownership and transferring the electricity works to the Vietnam Electricity.

An application dossier for establishment of the entire people ownership and transfer of the electricity work must comprise:

a) Document of the Vietnam Electricity (for early-transferred electricity works) or document of the contracting agency (for remaining electricity works) requesting to establish the entire people ownership on assets and transfer to the Vietnam Electricity: 01 original;

b) List of electricity works (name of electricity works, technical specifications, quantity, value of electricity works determined according to Clause 5 of this Article): 01 original;

c) Documents specified at Point a Clause 1 of this Article (for early-transferred electricity works) or documents requesting transfer of electricity works of the project enterprise according to Article 79 of Decree No. 35/2021 /ND-CP (for remaining electricity works): 01 copy.

3. Within 7 days from the date of receiving complete and valid dossiers, the competent agency or person shall decide on establishing the entire people ownership of assets and transferring it to the Vietnam Electricity.

4. The transferor shall assume the prime responsibility for, and coordinate with the agency signing the project contract and the transferee in, organizing the handover and receipt of the electricity work along with dossiers as prescribed in Clause 2 of this Article and preparing a horizontal plan of the current status of the electricity work at the time of handover and receipt to serve as a legal basis for future operation and management. The handover and receipt shall be made in writing according to Form No. 08 provided in the Appendix to this Decree. The time of handover and receipt shall be determined as follows:

a) Within 7 days from the date of issuing the decision on establishing the entire people ownership of assets and transferring it to the Vietnam Electricity;

b) Time of transfer agreement (for early-transferred electricity works) or date of project contract termination (for remaining electricity works), in case the time of transfer agreement is reached (for early-transferred electricity works) or by the date of termination of the project contract (for the remaining electricity works) but the competent agency or person has not yet issued a decision on establishment of the entire people ownership of assets and transfer to the Vietnam Electricity.

5. The value of the electricity work shall be determined according to the remaining value of the assets monitored and accounted by the project enterprise in accounting books. In case the electricity work is an item in a public-private partnership project, the value of the transferred electricity work shall be equal to the value of the electricity work item (in case the project enterprise accounts in detail for each item). In case each item is not accounted in detail, the value of the electricity work shall be equal to the value of the project's assets distributed according to appropriate criteria for the electricity work item.

6. Handling of expenses incurred during the asset transfer process shall comply with Article 11 of this Decree. The handling of land associated with the transferred electricity work shall comply with the land law and relevant laws. The transferor shall be responsible for completing financial obligations related to land as prescribed by law for the land area attached to the electricity work before transferring it to the transferee.

7. After completing the handover and receipt, the transferor shall record an increase in assets and investment capital of the owner at the enterprise according to the remaining value of the assets that are monitored and accounted by the project enterprise in accounting books. In case the electricity work is an item in a public-private partnership project, the value of the transferred electricity work shall be equal to the value of the electricity work item (in case the project enterprise accounts in detail for each item). In case each item is not accounted in detail, the value of the electricity work shall be equal to the value of the project's assets distributed according to appropriate criteria for the electricity work item.

In case the remaining value of the asset on the project enterprise's accounting book is less than 20% of the asset's original price, the value of the electricity work shall be equal to 20% of the asset's original price.

In case the State Audit Office of Vietnam audits the re-assessed value at the request of the contracting agency, the transferee shall, based on the results of the State Audit Office of Vietnam, make adjustments to the original price and remaining value of the electricity work and adjust the owner's investment capital in the enterprise according to the re-assessed value audited by the State Audit Office of Vietnam.

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 18. Effect and transitional provisions

1. This Decree takes effect from March 1, 2024.

2. From the effective date of this Decree, the provisions of the Government’s Decree No. 29/2018/ND-CP dated March 5, 2018, shall not be applied to handle electricity works specified at Points dd and e Clause 2 Article 1 of this Decree.

3. Transitional provisions:

a) For electricity works that have been transferred to the Vietnam Electricity under the Prime Minister’s decisions, but by the effective date of this Decree the handover and receipt of such works have not yet been completed, the parties shall, based on the Prime Minister’s transfer decisions to carry out the handover and receipt of the electricity works, and record an increase in the owner’s investment capital in enterprises;

b) For electricity works of which the transfer procedures are being carried out under the Prime Minister’s Decision No. 41/QD-TTg dated September 15, 2017, on procedures for transfer of State-funded electricity works to the Vietnam Electricity, but the Prime Minister has not yet issued a decision on transferring them to the Vietnam Electricity at the effective date of this Decree, such works shall be transferred to the Vietnam Electricity in accordance with this Decree;

c) For electricity works belonging to technical infrastructure commonly used in urban area projects, residential area projects and other projects, electricity works with non-state budget origin received by the electricity units before the effective date of this Decree in the form of not returning capital to the project owners, that have been accounted for the increase in assets and depreciation of assets, the electricity units shall record an increase in the owner's investment capital at the enterprises (in case the increase in investment capital of the owner at the enterprise has not yet been recorded) according to the value of the electricity works recorded as an increase in the audited annual financial statements of the electricity units, and the value of transferred electricity works shall not be included in the income of the electricity units;

d) For electricity works belonging to technical infrastructure commonly used in urban area projects, residential area projects and other projects, electricity works with non-state budget origin received for management and operation by the electricity units before the effective date of this Decree in the form of not returning capital to the project owners, but the increase in assets has not yet been accounted, the electricity units shall be responsible for re-evaluating the value of assets to record an increase in assets and an increase in equity at the enterprise.

4. In case any documents referred to in this Decree are amended, supplemented or replaced, the amending, supplementing or replacing ones shall prevail.

Article 19. Implementation responsibility

1. The Ministry of Finance shall urge, provide guidance and inspect ministries, central agencies and provincial-level People’s Committees in the implementation of this Decree.

2. Ministries, ministerial-level agencies and provincial-level People’s Committees shall:

a) Direct agencies, organizations, units, and enterprises under their management to organize a review and make a list of electricity works that need to be transferred to carry out the transfer to the Vietnam Electricity in accordance with this Decree; urge and inspect the transfer of electricity works by agencies, organizations, units and enterprises under their management;

b) Ministers, heads of central agencies, and Chairpersons of provincial-level People’s Committees shall decide to establish the entire people ownership according to the competence specified in this Decree;

c) Provincial-level People’s Committees shall determine and specifically announce the agencies receiving the handover of technical infrastructure in urban area projects, residential area projects and other projects specified in Clause 4 Article 3 of this Decree;

d) Provincial-level People’s Committees shall perform the function of state management of land for the land area associated with the transferred electricity work in accordance with law;

dd) Perform other responsibilities specified in this Decree and relevant laws.

3. The Ministry of Industry and Trade shall:

a) The Minister of Industry and Trade shall decide to establish the entire people ownership according to the competence specified in this Decree;

b) Perform the tasks of state management in terms of electricity in accordance with law.

4. The Commission for the Management of State Capital at Enterprises shall:

a) Based on the report of the Vietnam Electricity on the results of recording an increase in assets, increasing state capital invested in the enterprises and based on the request to supplement charter capital of the Vietnam Electricity, the Commission for the Management of State Capital at Enterprises shall report to the Prime Minister to decide on re-adjusting the charter capital level for enterprises to ensure compliance with the law on management and use of state capital invested in production and business at enterprises in case when recording an increase in state capital at the enterprises, the owner's actual contributed capital is higher than the approved charter capital;

b) Perform tasks and powers of the owner representative of the state capital at the Vietnam Electricity related to the transfer of electricity works under the law on management and use of state capital invested in production and business at enterprises;

c) Perform other responsibilities specified in this Decree and relevant laws.

5. The Vietnam Electricity shall:

a) Issue a document announcing the electricity units assigned or authorized to be the transferees as prescribed by law and send it to ministries, central agencies, and provincial-level People's Committees, and at the same time, announce on its website and take responsibility for such assignment and authorization;

b) Direct, guide, and inspect the electricity units assigned and authorized to perform the task of receiving electricity works in organizing the receipt, management and operation of electricity works according to regulations;

c) Instruct electricity units assigned to receive electricity works to report to the Vietnam Electricity for the latter to report to the agency and person competent to decide on establishing the entire people ownership of electricity works with non-budget origin, the electricity works invested under PPP form and results in receiving the transfer of electricity works and increasing the owner's investment capital in the enterprises;

d) Based on the prescribed time frame for depreciation of fixed assets, the Vietnam Electricity shall notify and guide electricity units to uniformly apply depreciation time for fixed assets subject to transfer when determining transfer value in accordance with Point b Clause 2 Article 9, Point a Clause 4 Article 12, Clause 4 Article 14 of this Decree;

d) Annually, before April 30 of the year, summarize the results of receiving the transfer of electricity works and recording the increase in assets and state capital invested in the Vietnam Electricity in the preceding year, and report them to the Commission for the Management of State Capital at Enterprises to make additional investments in charter capital in accordance with the law on management and use of state capital invested in production and business at enterprises;

e) Perform other responsibilities specified in this Decree and relevant laws.

* All Appendices are not translated herein.