VietnameseJoint circular No. 02/2002/TTLT-BKH-BCN-BTC of August 06, 2002, guiding the transfer and receipt of outside-the fence electricity works and the refunding of capital to foreign-invested enterprises which have invested in the building thereof
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Joint circular No. 02/2002/TTLT-BKH-BCN-BTC of August 06, 2002, guiding the transfer and receipt of outside-the fence electricity works and the refunding of capital to foreign-invested enterprises which have invested in the building thereof
| Issuing body: | Ministry of Industry; Ministry of Planning and Investment; Ministry of Finance | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 02/2002/TTLT-BKH-BCN-BTC | Signer: | Hoang Trung Hai; Tran Van Ta; Vu Huy Hoang |
| Type: | Joint Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 06/08/2002 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Finance - Banking, Investment |
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THE MINISTRY OF PLANNING AND INVESTMENT THE MINISTRY OF INDUSTRY THE MINISTRY OF FINANCE ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
No: 02/2002/TTLT-BKH-BCN-BTC | Hanoi, August 06, 2002 |
JOINT CIRCULAR
GUIDING THE TRANSFER AND RECEIPT OF OUTSIDE-THE FENCE ELECTRICITY WORKS AND THE REFUNDING OF CAPITAL TO FOREIGN-INVESTED ENTERPRISES WHICH HAVE INVESTED IN THE BUILDING THEREOF
In furtherance of the Prime Minister’s instruction in Document No. 477/CP-KTTH of May 8, 2002 of the Government Office on reimbursing capital invested by foreign-invested enterprises in outside-the fence electricity works, the Ministry of Planning and Investment, the Ministry of Industry and the Ministry of Finance hereby jointly guide the transfer and receipt of outside-the fence electricity works and the refunding of capital to foreign-invested enterprises which have invested in the construction thereof as follows:
Chapter I
SCOPE OF AND RESPONSIBILITY IN THE TRANSFER AND RECEIPT OF OUTSIDE-THE FENCE ELECTRICITY WORKS.
1. Scope of transfer and receipt of works:
1.1. Interpretation of terms:
- "Transferor" means foreign-invested enterprises operating under the Law on Foreign Investment in Vietnam, which can be enterprises with 100% foreign-invested capital, joint-venture enterprises or parties to business cooperation contracts.
- "Transferee" means Vietnam Electricity Corporation or units authorized by Vietnam Electricity Corporation.
- "Fence base" means the point delimiting the land area used by the transferor under the land allocation decision of a competent agency.
- "Electricity supply point" means the position of the electric switch box, where the electricity meter is installed to measure the electrical energy traded between the electricity seller and buyer.
- "Electricity connection point" means the point where the transferor’s electricity supply work is connected to the national power grid.
- "Outside-the fence electricity works" are construction items determined as being situated between the fence base and the electricity connection point.
1.2. The scope of transfer and receipt of assets serving as basis for capital refunding:
1.2.1. The scope of transfer and receipt of assets serving as basis for capital refunding is the outside-the fence electricity works already invested by the transferor.
1.2.2. Where the electricity supply point is situated inside the fence, the assets situated from the fence base to the electricity supply point shall be transferred if the two parties so agree and clearly inscribe such in the transfer and receipt dossiers. The scope of transfer and receipt is determined as follows:
a/ Where the electricity work has a voltage of 0.4 kV or lower, the scope of transfer and receipt shall be calculated to the position where the electricity meter is installed.
b/ Where the electricity work has a voltage between over 0.4 kV and 35 kV, the scope of transfer and receipt shall be calculated to the point of connection of the electricity supply line with the breaking device or the high-voltage bar of the distribution transformer station.
c/ Where the electricity work has a voltage of 110 kV or higher, the scope of transfer and receipt shall be the entire 110 kV transformer station (including the medium-voltage cabinets).
1.3. The following cases shall not fall into the scope of transfer and receipt:
- Works which have been constructed with the original purpose of supplying electricity for the enterprise’s operation but, at the time of transfer, they are used by the transferor for the purpose of selling electricity.
- Works which have been received and refunded by Vietnam Electricity Corporation.
- Electricity works built in the ground-clearance areas and subject to relocation.
2. Responsibilities of the transferor and transferee:
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