Circular 10/2015/tt-Bct: Regulation On The Order And Procedures, Recall And Term Of The License To Operate The Electricity

Original Language Title: Thông tư 10/2015/TT-BCT: Quy định về trình tự, thủ tục cấp, thu hồi và thời hạn của giấy phép hoạt động điện lực

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MINISTRY OF COMMERCE
Number: 10 /2015/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, May 29, 2015

IT ' S SMART

Custom sequence rules, procedures, recovery procedures And the deadline of the license to operate the motion. c

_________________________

Base of Protocol 95 /2012/NĐ-CP November 12, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Commerce;

The Power Law Base on 3 December 2004; The Amendment Law, which complements some of the provisions of the Power Law on November 20, 2012;

Base of Protocol 137 /2013/NĐ-CP October 21, 2013 by the Government Regulation the implementation of some of the provisions of the Law of Power and Amendment Law, the addition of a number of provisions of the Power Law;

On the recommendation of the Bureau of Power Regulatory Affairs,

Minister of the Ministry of Industry for the Ministry of Commerce of the Ministry of Public Affairs of the Ministry of Public Affairs, procedures, procedures, and the statute of limitations of the work permit.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for the sequence of the order, the granting procedure, the recovery of the power operating license; the deadline and the sample of the power operating license.

What? 2. Subject applies

This information applies to the organization, the individual participating in the following areas of power operations:

1. Power consultant, including:

a) National Electric Power Development Planning Advisory; Consulting planning to develop provincial power development, Central City and Hydroelectric Planning Advisory;

b) Investment consultancy building power plant construction; Investment consultancy construction of line work and variable station;

c) Supervisor public examination of the power plant; Consulting monitors the line and the transformer station.

2. Radio.

3. Power transmission.

4. Distribution of electricity.

5. Sales of electricity.

6. Power Retail.

7. Export, enter the power.

What? 3. The case of exemption from power operating permit

1. Power to self-use does not sell electricity to organizations, other individuals.

2. Power power installed below 50 kilowatts to sell electricity to the organization, other individuals.

3. Power business in rural, mountainous, and sea-buying islands with less than 50 kVA power from the distribution grid to sell electricity directly to customers using electricity in rural, mountainous, and insular areas.

4. National electrical system and the operating of electric market transactions.

What? 4. Principles of Power Operations License

1. The electrical activity permit only grants to the organization, the individual meets enough conditions for each of the areas prescribed at the International Protocol. 137 /2013/NĐ-CP October 21, 2013 the Government rules the implementation of certain provisions of the Law of Power and Amendment Law, which complements some of the provisions of the Law of Electric and Compliance Laws.

2. Power operations licenses are issued to the organization, the individual to perform one or more of the following areas of power operations: Power consultants, electrical transmission, electrical distribution, wholesale electricity, electricity sales, and export, electricity imports.

3. Prior to the competitive electricity retail market stage, the electricity retail sector power operating license was issued simultaneously with the field of electricity distribution.

4. Power licenses are issued to the organization to perform electrical activity on each power plant.

What? 5. Principles of Power Operations recall

1. The electrical activity permit is revoked in the following case:

a) The power unit violates Article 37 Power Law;

b) The power unit has the need to cease operation or transfer the operation licensed to the other unit;

c) When there is a proposal by the state authority to be competent due to the power unit in violation of the provisions of the relevant law.

2. Power operations licenses are revoked in each field, the range of activity.

3. The power-operating license authority has the authority to revoking the power operating license under the jurisdiction of its licenses.

What? 6. The duration of the power operating license

The licence-operated license is granted a different deadline for the areas of power operations based on the range of operations, the type of electrical work, registration, capacity, the competence, the expertise of the unit of electricity, but not beyond. Specified in the following table:

TT

The field of electrical activity

The maximum duration of the license

1.

Electrical Engineering Consultant

05 years

2.

Power grid

a)

The major power plants, which have a particularly important sense of economic-social, defense, security under the category approved by the Prime Minister, are concerned.

Twenty years.

b)

The power plants are not in the category of large power plants, which has a particularly important economic-social, defense, security that is approved by the Prime Minister.

10 years

3.

Electrical transmission

Twenty years.

4.

Distribution of electricity

10 years

5.

Wholesale, electric retail.

10 years

6.

Export, import

10 years

What? 7. The operating range of the power operating license

1. The electrical engineering advisory license has a range of activities in the country.

2. Power clearance has an operating range for each power plant.

3. Power transmission permits, electrical distribution of the range of activity within the management range, operating the specific grid.

4. A wholesale license, electric retail has a range of activities according to specific administrative boundaries.

5. The export permit, which imports the electric charge has a range of activity according to the specific scope of the electrical exchange point.

What? 8. appraisal fees and licensing fees for power operations

1. Organization, individuals are granted a licence-based license to pay the appraisal fee and the charge of issuing a licence-based license under the rule of law.

2. The power operating licensing authority is used by the use of a licence fee-issued licence to serve for the appraisal, licensing, inspection, and management of the use of power-acting licenses. The collection, filing, and use of the appraisal fee and the licensing of the license to operate the power operating under the law.

Chapter II

FILE FOR LICENSING OF ELECTRICAL ACTIVITY

What? 9. The profile offers a licensing of the electrical engineering consultant

1. Text of the proposed license to operate the power operating under Form 01 specified in the Appendix issued by this message.

2. The copy of the Business Registration Certificate, the established Decision or the Founding Certificate of the organization offering the license issue.

3. List of management cadres, key consultants according to Form 7a regulations at the Appendix issued by this message; Copy that there is a diploma of diploma, practice certificate and the signed labor contract of the person named in the list. with the consulting organization.

4. Catalogue of the same scale projects that the consulting organization or the main advisory experts have taken.

5. The portfolio of equipment, technical media, application software serving the organization's consulting work assurance response to consulting activities.

6. The case changes name, the location address of the unit granted, the file consists of only the specified content at paragraph 1 and paragraph 2 This.

What? 10. The profile offers to grant a broadcast license

1. Text of the proposed license to operate the power operating under Form 01 specified in the Appendix issued by this message.

2. The copy of the organization ' s business registration certificate is recommended.

3. The list of peer-to-peer specifications, the head of the power plant on Form 7b at the Appendix issued by this message; the diploma copy and the operating certificate granted the right to provide the right to the recipient. name in the list according to the National Power System Regulatory Regulation issued by the Ministry of Commerce.

4. The decision copy of the decision to approve the investment power plant investment project.

5. The decision copy to approve the Environmental impact assessment Report or the Office of the confirmation of the Environmental Protection Project Environmental Protection Plan for the authority of the competent organ.

6. The copy of the Power Purchase Contract.

7. The portfolio of devices with strict requirements for the safety and commitment of the investment holder fulfills the regulation of the law in the use of strict requirements for labor safety.

8. The copy of the document has documentation of ensuring the fire conditions, the prescribed fire.

9. The decision copy approx the reservoir operation process by the competent authority (for the hydropower plant).

10. The transcript of the receipt of the information technology infrastructure, telecommunication; the receipt of the complete recording of signal connection with SCADA/EMS system, SCADA/DMS of the qualified-controlled condition operates the electrical system operating system and the electrical market. regulation.

11. The replica of the hydroelectric power release, the energy line; the safety register of the dam sent the authority; the method of ensuring the safety of the dam and ensuring the safety of the lower-dam area; the report of the dam test results (for the hydroelectric dam). I mean, the test.

12. The final recording editor or confirmation text ensures commercial operating conditions for each of the machines.

13. The copy of the Coordination Process operates the power plant with the Electrical Systems System Unit.

14. The case changes name, the location address of the unit granted, the file consists of only the specified content at paragraph 1 and paragraph 2 This.

What? 11. File offers electrical transmission license, distribution of electricity.

1. Text of the proposed license to operate the power operating under Form 01 specified in the Appendix issued by this message.

2. The copy of the Business Registration Certificate, the established Decision or the Founding Certificate of the organization offering the license issue.

3. The list of peer-to-peer specifications, the team of directors under the Model 7b prescribed at the Appendix issued by this message; The copy of the diploma, the operating certificate is granted a degree that has the right to control the person. name in the list according to the National Power System Regulatory Regulation issued by the Ministry of Commerce.

4. Catalogue of primary grid work categories provided by the organization is governing or preparing to take on the decision of the competent authority.

5. The copy has the documentation of the assurance of fire prevention, the prescribed fire.

6. A copy of the Connection Agreement Or Contract.

7. Grid grid map and active range.

8. The case changes name, the location address of the unit granted, the file consists of only the specified content at paragraph 1 and paragraph 2 This.

What? 12. Profile of the licensing of the sale of the wholesale license, the electricity sale.

1. Text of the proposed license to operate the power operating under Form 01 specified in the Appendix issued by this message.

2. The copy of the Business Registration Certificate, the Decision to establish or Certificate of Establishment of the organization, the individual recommends issuing a license.

3. List of peer-to-peer management of the 7b prescribed at the Appendix issued by this message; a copy of the diploma or graduation certificate of the person named in the list.

4. The case changes name, the location address of the unit granted, the file consists of only the specified content at paragraph 1 and paragraph 2 This.

What? 13. File offers export license, import of electricity

1. The text offers a license to operate the power operating under Form 01 specified at the Appendix accompanied by this Information.

2. The copy of the organization ' s business registration certificate is recommended.

3. The copy of the decision to approve a sale of electricity purchases with foreign countries, the power grid system has been approved for purchase, selling electricity to foreign countries.

4. A copy of the contract, enter the electricity or copy of the text offer to buy electricity or accept the sale of the foreign side.

5. The electric grid principle diagram relates to the purchase point, the sale of electricity and the Coordination Process that operates and handles the power grid incident between the purchase party and the semi-electric side (if any).

6. The copy of the document has the document to carry out the fire department regulations, fire extinguidising at the prescribed transformer stations.

7. The case changes name, the location address of the unit granted, the file consists of only the specified content at paragraph 1 and paragraph 2 This.

Chapter III

SEQUENCE, LEVEL PROCEDURE, AND RECOVERY ELECTRICAL ACTION LICENSE

What? 14. Presentation, procedure licensing procedure

1. Organization, individuals recommend issuing an electrical operating license to the agency granting a license to the 1-order operating system under the regulation at Chapter II This April and is responsible for the accuracy, honesty of the filing of the license offer. The profile can be sent directly, via post office or online execution through the electronic information licensing page of the power operating licensing authority (if available).

2. In the 3-day period of work since the date of receiving the proposed record of power operations licenses, the electricity-operating license licensing agency has a written responsibility for the organization, the individual recommended issuing licenses if the filing is incomplete, the contract is not valid. -No. In the notification text, you must specify the reasons and ask for the addition or modification of the data, documents, and related information to complete the profile.

3. In a 5-day period of work since the date of receiving additional requirements, revision of the data, documents, and related information of the power operating licensing authority, the organization, the individual proposed issuing licenses to supplement, modify the data, document, document, or service. Relevant information and written answer.

The case for 60 days from the date of the licensing of the electricity-based license, the addition of which the organization, the individual recommended without a permit to supplement the document, responded with written, the body granting the power to operate the power to pay. The records offer a license to grant power.

4. In the 15-day period of work since the date of the receiving of valid files, the power-based license authority is responsible for conducting a case appraisal, inspection at the facility (if necessary) and the level of electrical action licenses.

5. During the appraisal of the case, the actual examination if the organization, the individual has not met under the stipulation, the license-granting agency has the right to request the organization, the individual recommended granting a permit to supplement the condition or deny permission issued by the document. That's why you have to clarify why.

6. Power operations license is issued in 3 major copies: 01 delivered to the licensed unit, 02 of the license per licence-level licensing system.

7. The procedure, the power operating licensing procedure is applied as follows:

a) For the filing of the direct or via the postal line: In accordance with regulation at Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, This;

b) For the profile made online via the Electronic Information Bureau electronic information page: execute on the instructions of the Power Regulatory Service;

c) The Provincial Committee of the Provincial People, the Central City of the Central Committee for the granting of licenses under the jurisdiction in the form of online form (if any) is consistent with the regulation at this Smart.

8. Before the power operating license expired at the expiration of the 60-day period, the power unit granted a license with the need to resume operations must set up a proposal to issue a licence-based license under regulation at Article 1 This and execute the sequence, the manual. It is recommended that the licensing of electricity is prescribed by regulations.

What? 15. Presentation of Power Operations License

1. The sequence decides to revoking the power operating license

a) The power unit violation of Article 37 Power Law and the body of the decision-making decision is the power-action licensing body, the power-based license-licensing body responsible for the decision to revoking the license to the power operation simultaneously. with the decision to punish the breach;

b) The power unit violation of Article 37 Power Law and the body decision-making decision is not the basis of a power-functioning license, the agency granting a charge of power operations responsible for the decision to revoking the license of electrical activity. I mean, there's a deadline for the decision to punish the breach. In the absence of a recall, the agency granted a license to respond to a written answer (stating the reason) for the decision-making decision.

c) The power unit case with a need to cease operation or transfer of operations is granted a license to the organization, the other individual, for a 30-day period of work since the date of receiving the proposed text of the power unit or the recommended body of the agency. Rights and related materials, the power-based license-licensing agency is responsible for the decision to revoking the power of electrical action.

2. In a 2-day period of work since the date of the decision to revoking the power operation permit, the body-level license authority is responsible for sending the decision to recall the revoked power unit and the agencies, the unit involved; publish the license recovery information on the electronic information licensing page of the power-operating licensing agency.

3. The case of an electrical operating license revoked in each area of operation or operating range, the power-based license-licensing authority is responsible for requiring the power unit to perform the sequence, the procedure granting a licence to function. together with the decision to revoking the license in each field of operation or range of activity.

4. The case of a violation of the regulations of regulations at the Article 7 Article 18 of this Information, the power-operating license authority has the power to make a decision to revoking the power operating license and publish information on the electronic information-level agency's electronic information page. Power operations.

Chapter IV

GRANT AUTHORITY AND USAGE MANAGEMENT ELECTRICAL ACTION LICENSE

What? 16. Authoritfully functional operating authority

1. Ministry of Public Affairs Department of Commerce licenses power over the following areas:

a) The operation of electric power to the large power plant, which has a particularly important sense of economics-society, defence, security in the category approved by the Prime Minister;

b) Power transmission activity;

c) Operating activity, importing electricity.

2. The Department of Electrical Regulatory Authority grants power operations to the following areas:

a) The electrical activity on the power plant has a capacity scale of 3 MW or less than the specified case at the Point of One.

b) electrical distribution activities;

c)

d) Sales of electricity;

No, no, no, no.

3. The Provincial Committee of the Provincial People, the Central Committee of the Central Committee or the mandate for the Department of Licensing Licensing of Power Operations for the following areas:

a) The electrical activity for the power plant has a capacity of below 3 MW based locally;

b) The distribution of electrical distribution to the local voltage of 35 kV in the locality;

c) Power retail activity to the local 0.4 kV voltage level;

d) Consulting majors, including:

-Consulting investment building and variable stations have a voltage level of up to 35 kV, local business registraits;

-Counseling consultants and transmtech stations have a voltage level of 35 kV, local business registraits.

4. The organizational case, the individual recommended licensing for many activities in the field of electrical engineering consulting, which has at least one activity under the jurisdiction of the Department of Power Regulatory, which permits the power to operate electricity for these activities. The Department of Electrical Power.

What? 17. The responsibility of the power operating licensing agency

1. Take, appraisal, test, and manage the case of the recommended licensing of power operations licenses. Organizational guidance, the individual recommended that the license to perform the right content, the sequence, the procedure for granting a license to the operating system at this level.

2. Resolve the complaints of a power-based power operation by jurisdiction.

3. Check out, monitor the maintenance of conditions in the power operating license.

4. recall a licence-based license under the self-regulation at Article 15 of this.

5. The organ petition has the authority to handle the power unit that violates the rule of law.

What? 18. The responsibility of the power unit is granted a power operation.

1. Power activity in accordance with the specified content in the license.

2. Offer a license level in case of change in name, location address, activity type, operation range, duration of the license.

3. Maintenance of registered and licensed operating power conditions throughout the operation.

4. comply with the provisions of the relevant law.

5. Blisters full of fees and fees that are associated with the license to operate the power under the rule of law.

6. The agency reports the license to operate power in the 60-day period before the date of the cease-power operation or transfer of electrical activity.

7. The agency report issued a power operation in the 30-day period since the date of changing the address of the headquarters in the power operating license.

8. Do not lend, lend, self-repair the content of electrical activity permit.

9. endure examination, inspection and approval of the state agency ' s decision to handle the use of the license and the registered operating conditions.

10. Prior to March 1, it was reported that the agency's license to function in power was to maintain operating conditions in the licensed sector of the previous year under the Form 8a, 8b, 8c, and 8d prescribed at the Appendix issued by this Information.

Chapter V.

THE ORGANIZATION.

What? 19. Check out the test work

1. The Department of Power Regulatory is responsible for examining the practice of this information within the country; addressing the entanged and proposing content to report the Department of Commerce amended, supplematuation of this Information.

2. The Provincial People's Committee, the Central Committee of the Central Committee, examines the implementation of this information within the management range; addressing the entangrium and recommendations of the Ministry of Commerce to amend, the addition of this information.

What? 20.

1. The Department of Power Regulatory is the agency to take over and address the case appraisal procedures that recommend the license to power operation and implement the order to revoking the power operating license itself on the jurisdiction of the Department of Power Regulatory Authority. And Ministry of Commerce.

2. The Department of Commerce is the recipient of the reception and settlement of the case appraisal of the proposed filing of power operations licenses and the implementation of a self-revoked license to revoking the power operation on the jurisdiction of the Provincial People's Committee, the city. It's Central City.

3. The unit granted a licence-activated license charged with a copy of the Power Activity License has been granted to the state governing body in the area of local power operations to report in the 30-day period since the date of the issued paper. All right

4. Prior to 15 January, the Department of Commerce reported the Ministry of Commerce, the Provincial People's Committee, the Central City of the Central Committee on the Ministry of Public Affairs, and the recall of the local electrical power operating license of the previous year.

What? 21.

1. This message came into effect on 12 July 2015. Digital 25 /2013/TT-BCT October 29, 2013, of the Minister of Labor, regulations on the order, the procedure, the amendment, the addition, the recall, and the statute of limitations of the power operating license expires from this date in effect.

2. Power operations licenses have been issued in accordance with the regulation at No. 25 /2013/TT-BCT October 29, 2013, of the Minister of Labor regulations on the sequence, procedure, amendment, supplement, recall, and deadline of the power operating license and the number decisions. 32 /2006/QĐ-BCN September 6, 2006, of the Minister of Industry to issue conditional Regulation, sequencing and procedure, modification, addition, recall and management of the use of power operations license, Decision Number Decision, and Management. 15 /2008/QD-BCT July 1, 2008, of the Minister of Commerce amended, complements some of the provisions of the conditional Regulation, sequence and procedure, modification, addition, recall, and management of the use of an operating power operating license issued by Decision No. 1. 32 /2006/QĐ-BCN September 6, 2006 of the Minister of Industry continues to take effect according to the content, the deadline specified in the license.

3. In the course of this practice, if there is a problem with the problem, the relevant units are responsible for reporting the Department of Power Regulatory to study, propose, report the Department of Commerce, supplements the ./.

KT. MINISTER.
Chief.

(signed)

The United Nations.