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Circular 44/2015/tt-Bct: Regulations On Project Development, Tariff Costs Avoided And Power Purchase Contract Model Applies To The Biomass Power Project

Original Language Title: Thông tư 44/2015/TT-BCT: Quy định về phát triển dự án, biểu giá chi phí tránh được và hợp đồng mua bán điện mẫu áp dụng cho các dự án điện sinh khối

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MINISTRY OF COMMERCE
Number: 44 /2015/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 9, 2015

IT ' S SMART

Regulation of project development, avoidance expense expression

and the contract purchase contract applies to the U.S. Treasury ' s treasuries. i

________________________

Electrical Law Base l Like Stain. 28 /2004/QH11 December 03, 2004; Law amended, supplematone. Stain. The Code of Power. l November 20, 2012;

Base of Protocol 95 /2012/NĐ-CP n g 12 months. 11 in 2012 of the Government to rule the function, mandate, authority and organizational structure of the Ministry of Commerce;

Base Decision Base 24 /2014/QĐ-TTg March 24, 2014 by the Prime Minister on the mechanism of supporting the development of the kh ' s electricity projects. Stain. i in Vietnam;

On the recommendation of the Attorney General of the Energy Directorate,

Minister of Industry for the Department of Public Affairs Regulation on project development, Avoidance Expense Expression and Contract Purchase Contract. Ah! n m There. Applied to biomass power projects.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for the development of the biomass power project, the avoidance cost price applied to the biomass power projects and the procurement contract for the sale of the sample to the biomass power projects (later known as the Procurement Contract).

What? 2. Subject applies

This information applies to:

1. Head of the biomass power project;

2. The unit manages and operates the biomass power works;

3.

4. The organizations develop the biomass electricity project for the electricity business;

5. organizations, other individuals are involved.

Chapter II

DEVELOPMENT OF THE BIOMASS POWER PROJECT

What? 3. Supplements, adjust the biomass power project to the development planning and use of biomass energy.

1. The head of the proposed building blocks the proposed biomass power project by law on the investment of construction of the Provincial People's Committee, the Central City of the Central Committee (later known as Provincial Council UBND) where the project is located. On the basis of the project proposal, the UBND prefated the filing of the addition of the project to add the project to the development planning and use of the biomass energy (later called the Planning Replenishability Filing) under the regulation at Article 4 of this Information to the Ministry of Commerce.

2. The case case is incomplete, valid, in the period of 05 (five) days of work since receiving the record, the Ministry of Commerce (Energy General) has the text requesting the addition of the Profile.

3. The Energy Directorate responsible for organizing the appraisal of the File appraisal offers to add the planning addition in the 30 (thirty) days of work since the date of receiving enough valid records. In the case of necessity, the General Energy Administration is allowed to employ appraisal advisory, countenor of the appraisal of the appraisal of the appraisal. On the basis of the appraisal result, the Energy Directorate reports the Minister of Commerce to review, approve, or the Prime Minister's approval.

What? 4. The profile offers to add the project to the development planning and use of biomass energy.

The profile offers to add the project to the development planning and use of biomass energy including:

1. The chairman of the provincial chairman of UBND offers to add the project to the development planning and use of biomass energy.

2. Basic information on the investment holder: Documents on legal status, business registration, key personnel, project execution experience, financial capacity, engineering, which needs to manifest a list of already implemented projects (including industrial projects and other projects), the project has been published. the power project, if any.

3. Information on the proposed block electricity project

a) the type of biomass and the ability to provide;

b) The need to invest construction projects, favorable conditions and difficulties, the extraction regime and the use of the national resources (if any);

c) Project description: location, scale, and building area building, project categories of the project; the content of industry planning, local building planning;

d) Preliminary implementation of the implementation, including: technical, technological and capacity methods; technical infrastructure work; the installation of equipment; progress and project management; the general method of resettlement compensation and the method of support. Technical infrastructure construction (if any); plans and cost methods;

) Assessment of environmental impact, fire department solutions, firefighting, and security requirements, defense;

e) Total investment of the project; capital capacity, capital and capital capacity capacity; analysis of economic efficiency-financing, social efficiency of the project.

4. The opinion of the General Electric Power Corporation or the electricity transmission unit (if connected to the transmission power system) on the Profile of Additional Planning.

What? 5. The investment project develops a grid connection

1. The investment owner is only set up the biomass electricity investment project of the development planning and the use of biomass energy and power development planning. The biomass investment project content is set up in accordance with the existing regulations on building investment management and by regulation at paragraph 3 This.

2. For biomass power projects that are classified investing in different stages, the investment holder is responsible for the investment project in each phase of the project. The time case for the operation of the project is expected to mislead over 6 (6) months compared to the regulatory progress in the development planning and use of biomass energy, the investor is responsible for reporting the provincial UBND and the Energy Directorate-the Ministry of Commerce.

3. Content Investment Project Content project by law management investment management, adds the following key content:

a) Assessment of the impact of the mass-biomass project linking the biomass power project to the regional power system;

b) The cost and methods of cost, the technique of serving the dismantling and handling of the biomass power plant equipment after the end of the project.

What? 6. Environmental Protection Request

Investment activities that develop the biomass power projects must comply with the Environmental Protection Law and other relevant laws of law.

What? 7. Support for non-connected block power project

1. The principle of consideration supports the non-connected block power project

a) to ensure the economic, social and environmental efficiency;

b) The project completes investment and put into operation;

c) The primary input data for the computing price calculation and the support price for the biomass power project is considered on the following principle:

-The project's set capacity is greater than the actual requirement capacity of the regional grid, then the actual electricity output of the previous year and the expected output in the following years is used as the basis for determining the support price. For other projects, electricity production taken according to the actual production output or expected output in the investment project was approved, taking the greater number; and more.

-The total investment of the project is taken according to the total investment in the approved investment project;

-Cost of depreciation by law enforcement.

2. The registration sequence supports the price of electricity to the non-connected block power project

a) A non-grid-grid non-grid-grid project owner recommends a power price support for a non-connected single-net power project to directly send or via post-mail to the General Energy Department. The number of required records: 10 (ten) of records and 01 (a) CD/DVD/USB contains a Case-supported file that offers support and accompanying documents;

b) In the last 30 (thirty) days from the date of receiving a valid record, the Energy Directorate is responsible for the Organization for the Appraisal Recommended to report to the report, approved by the Secretary of State of the Ministry of Public Works. In the case of necessity, the General Energy Administration is allowed to employ appraisal advisory, countenor of the appraisal of the appraisal of the appraisal.

The case case is incomplete, valid, within five (five) working days since the date of receiving a motion to support the price of electricity to the non-networked block power project, the Energy Directorate must inform the owner of the investment request for the addition of records or files. Back to the file.

3. File recommended for electricity price support for non-networked block power project including:

a) The text offer to support the electricity price on the non-networked block power project;

b) The investment project in which there are theories on the investment holder, the price method and the main content of the need and assessment of the effectiveness of the support method;

c) The operation plan and business plan;

d) Planning and project cost, the technique of serving dismantling and handling of the biomass power plant equipment after the end of the project;

The provincial opinion of the provincial capital of UBND provides support.

Chapter III

THE AVOIDANCE COST EXPRESSION AND THE PURCHASE OF THE SAMPLE SALES FOR THE NETWORKED BLOCK POWER PROJECTS.

What? 8. Build yourself, approve and publish the Avoidance Expense Expression being applied to the biomass power projects.

1. Before October 31 each year, the unit operates the electricity system and the electricity market is responsible for presiding, in coordination with the buyer, the seller, and other power plants to update the database, which performs the calculation of the avoidance Cost of the National Power System. (The avoidance cost) specified at the Digital Decision 24 /2014/QĐ-TTg March 24, 2014 by the Prime Minister of the Government of the Government on the mechanism of supporting the development of biomass power projects in Vietnam for the next year in accordance with the prescribed method at Annex II issued by this message, the Department of Power Regulatory.

2. Prior to November 30 annually, the Power Regulatory Bureau charged with presiding over coordination with the Energy General appraisal of input parameters, the Cost of Avoidance Cost annually, due to the Electronic Systems Operations Unit and the Electric Power Market. The Minister of Commerce review, through. In case of necessity, the Department of Power Regulatory may refer to organizations, individuals involved in the appraisal process.

3. Before 20 December every year, the Energy Directorate was responsible:

a) Research, the proposal for the Minister of Commerce to review, enact the Avoidance Expense Expression (determining the number of k1, k2 in Annex I) applicable to the reasonable level of biomass power projects in order to encourage electricity generation from biomass energy, It ' s also guaranteed to be consistent with the economic-social conditions of the country in each stage.

b) In the time of 2 (two) days from the date of the Applicable Price for electricity projects enacted, the Energy Directorate is responsible for publication for the next year on the electronic information page of the Energy Directorate and of the Ministry of Commerce.

5. In the case of the Applicable Bid for unpublished biomass power projects, temporarily apply the Expression of the previous year until the Applicable Bid for new biomass power projects is published. The difference due to the payment under the old Expression and the New Expression will be reimbursable by the parties in the first payment when applying the New Expression.

What? 9. Apply the avoidance expense expression for electronic electronic projects. block

The avoidance cost expression is applied to the grid-block power projects except for the following cases:

1. Thermometer project.

2. The power generator project using sugarcane is a bit of a snipup for the sugar mill.

What? 10. Apply the Sample Purchase Contract for grid-grid power projects.

1. The use of the Sample Procurement Contract applies to block-biomass projects is compulsory in the purchase of electricity between the grid and the electricity purchase of the grid.

2. The content purchase of the procurement of the sample for the specified grid-based power projects at Annex III is accompanied by this message.

3. The sale of the electricity and the Purchase is added to the contents of the purchase contract to clarify the responsibility, the powers of the parties but not to alter the basic content of the contract purchase contract.

Chapter IV

EXECUTION CLAUSE

What? 11. The responsibility of the state governing body

1. Energy General accountability:

a) Popular, guiding and examining the implementation of this Information;

b) Support of the Purchase and the Power side of the electricity settlement in the contract purchase contract at the suggestion of one or the parties.

2. The Power Regulatory Bureau is responsible for directing, instructs the unit to operate the electricity system and the charge of the Cost of Avoidance Cost in accordance with the Appendix II issued by this message.

3. UBND to watch, monitor, examine the operation of developing local mass-biomass projects under the development planning and use of approved biomass energy, in accordance with the regulations at this level.

What? 12. The responsibility of the organizations, the individual involved

1. Vietnam Electric Corporation is responsible for calculating the full cost of the purchase of biomass power projects and the input parameters in the Vietnam Power Corporation's annual sales price method, the authorship of approval.

2. The sale side of electricity (electrical units) is responsible:

a) Agreement, signing a contract with the Purchase on the Procurement Contract and in accordance with the Avoidance Expense Expression;

b) The installation of the tool is consistent with the current regulations for measuring the power count used for the payment of the electric currency;

c) To sell the full amount of power on the plant ' s bar to the Purchase when applying the Avoidance Expense Expression;

d) Sent 1 (a) the contract for the sale of electricity signed to the General Directorate General of Energy was 30 (thirty) days from the date of the signing;

Compliance with the regulation of electrical power systems, the regulation of transmission power systems, the distribution power system issued by the Ministry of Commerce.

3. The buyer is responsible:

a) Agreement, signing a contract with the Parties to the seller by the Contract Purchase Contract and in accordance with the Avoidance Expense Expression if the seller meets the stipulation conditions at Article 5 of this and other relevant laws;

b) Compliance regulation of the electrical system, which regulates the transmission power system, the distribution power system issued by the Ministry of Commerce.

4. The unit that operates the electricity system and the electricity market is charged annually, calculating the Avoidance Cost, the Power Regulatory Bureau.

What? 13. The transition clause

For electricity purchase contracts signed prior to this Time of Time valid, the two parties are responsible for the agreement, signing of the revised appendix according to the provisions of this Information.

What? 14. Effect of execution

1. This message has been in effect since 25 January 2016.

2. During the execution, the case with an entangled, organization, individual reflects on the Ministry of Commerce for additional consideration, the amendment to the appropriate ./.

KT. MINISTER.
Chief.

(signed)

The United Nations.