Numbers: 31 /2014/QĐ-TTg
THE SOCIALIST REPUBLIC OF VIETNAM.
Hanoi, May 5, 2014
Regulation of the mechanisms supporting development of projects
Electricity uses solid waste in Vietnam.
Government Law Base December 25, 2001;
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;
Environmental Protection Act November 29, 2005;
The Investment Law Base November 29, 2005;
The Building Law Building on November 26, 2003; The Amendment Law, which complements some of the provisions of the laws relating to the digital building investment. 38 /2009/QH12 June 19, 2009;
At the suggestion of the Minister of Commerce,
The Prime Minister issued a decision on the basis of the development of the development of a solid waste project in Vietnam.
1. This decision provides for the development of the development assistance mechanism for the use of solid waste projects in Vietnam.
2. The applicable subject of this Decision includes organizations, individuals who participate in electrical activities that are involved in developing the use of solid waste projects in Vietnam.
In this Decision the words below are understood as follows:
1. The purchase party is the Vietnam Electric Corporation or the authorized member unit.
2. The semi-electric side is the organization, the individual has a power operation license in the field of electricity from power plants using solid waste.
3. The investment project employer uses solid waste as an organization, the individual who performs an investment in the investment of power projects using solid waste by the law of Vietnam.
4. Solid waste used for electricity generation is solid waste, which is discharged from the manufacturing process, business, service, livelihood or other activities, does not contain hazardous waste.
5. The electricity generation project using solid waste is the power generation plant project that uses the main energy from solid waste, directly burned or fired from the gas collected from the landfills of solid waste to produce electricity, providing a partial or all of the production electricity. The national grid.
6. The connection point is the location where the wiring of the semi-electric side connects to the power side ' s power system.
7. Power junction is the point of placing the measured counting device in the electricity purchase contract to determine the sale of the sale electricity by the electricity seller.
8. The sample purchase contract for power generation projects using solid waste is the electricity purchase contract issued by the Ministry of Commerce as the basis for the application in the electricity purchase transaction produced from the electricity generation project that uses solid waste between the seller and the seller. Electricity and electricity.
PLANNING AND DEVELOPMENT
ELECTRICITY SOURCE USES SOLID WASTE
1. The power source development planning of solid waste is the electricity-intensive planning that is set up for the entire country as the basis for the investment activities that develop power sources using solid waste, which is tailored in accordance with research, potential assessment. Solid waste during the period.
2. The power source development planning of solid waste must be consistent with the country ' s socioeconomic development strategy, region-building planning, the regulated solid waste management planning process, land use planning, and other provisions for the development of solid waste. Something else is relevant.
3. Power development planning using solid waste is set up once for the period to 2020, the vision to 2030 and is adjusted, added when needed. From the following stages of planning stages, the electricity source development planning uses solid waste that is interlocking to the provincial power development planning, national power development planning and being adapted, complemated in accordance with the study status, assessment and evaluation. the potential for solid waste source for electricity generation.
1. The Department of Public Trade Organization, which judges the planning of the electricity to develop electricity using solid waste, the Prime Minister approved; announced and guided, tracked, examining the implementation of the electricity source development planning using solid waste has been approved. Check.
2. The publication and adjustment of the planning implementation under the current regulation.
1. The state budget budget to carry out the task of setting up, appraisal, publication and regulation of the power source development planning using solid waste.
2. Encourage to mobilize other legitimate sources of funding for the construction of the power source development planning for the use of solid waste.
1. The investment in the construction of the electricity project using solid waste must be consistent with the power source development planning of solid waste and the power development planning is approved by the authority.
2. For the electricity-free use of solid waste in the catalogue of the electricity source development planning for solid waste and the National Electric Power Development Plan is approved, the investment owner responsible for filing additional planning, Send the Ministry of Commerce, the Prime Minister considers it, the decision.
3. While the Electricity Source development planning of solid waste is not approved, the investment of the electricity emission projects using solid waste needs to be approved by the Prime Minister.
4. The investment of building projects using solid waste is done under the rule of construction legislation, fire prevention, environmental protection, and other regulations involved.
1. The bidding of a power grid project using solid waste into the national grid must be consistent with the approved power development process. It is connected by the Power side and the Purchase Agreement on the principle of the electricity seller responsible for the investment of the power line to the point of entry into the nearest national grid, which is currently under the planning of the provincial power development. Where the point of entry into the national grid is not yet in the power development planning, the investment holder needs a point-to-point agreement with the distribution unit or the electricity transmission unit as the basis of implementing the provincial power development planning process. the current rules. In the absence of a connection point, the electric side is responsible for the review of the Ministry of Commerce, the decision.
2. The electric project investor uses solid waste that is responsible for investment, operation, wire maintenance and increased pressure stations (if any) from the power station of the Seller of the electricity to the point where the deal is connected to the Purchase agreement.
3. Depending on the connecting voltage, the Electrical Distribution Unit or the Power transmission unit is responsible for the investment of the electrical load from the point of connection to the national grid under the approved power development plan and sign the match agreement with the investment holder. The electricity project uses solid waste.
4. After the completion of the investment and the acceptance of the commercial operation, the Electric Power Systems Unit and the electric market operation are responsible for mobiling the power plant using solid waste under the principle of prioritifully exploiting the entire power and electricity. The energy is consistent with the ability to provide solid waste fuel in the plant area.
The investment holder is only allowed to initiate construction of a power broadcast using solid waste, in addition to regulatory conditions at Article 72 Building Laws and relevant legislation that are involved in the relevant law, and also: A certificate of investment, an approved text. of the Purchase; the agreement to be connected to the Coordination Unit or the Electronic Media Unit; the opinion on the design of the state agency is competent in accordance with the rule of law on the management of the construction of the building.
Within 12 months of being issued an Investment Certificate, the Master of Investment failed to build the main category of the work or maximum of 24 months from the date of the operating commitment in the Investment Certificate in which the power broadcast uses solid waste. It is not included in the operation, the Provincial People's Committee is responsible for review to revoking the prescribed investment certificate, which reports the state agency has the authority to hand over the project to another investor. Except for the correct reason and granted authority to accept the pause or dilation of the progress of the project.
1. Within five days of work since the date of the Certificate of Investment Certificate, the owner of the investment is responsible for sending copies of the Certificate of Investment that have been corroborated by the Ministry of Commerce to monitor management.
2. During the construction of a solid waste project using solid waste, before the 15th of the first month, the Chairman must have a report on the deployment of the previous quarter's project, the next quarter's execution plan. Every year, before 15 January, the Chairman must have a report on the implementation of the implementation of the project in the previous year, the next year 's deployment plan to the Provincial People' s Committee, the Ministry of Commerce for management, the implementation of the implementation and the purchase. The power to coordinate.
PROJECT DEVELOPMENT SUPPORT MECHANISM
ELECTRICITY USES SOLID WASTE
1. The purchase side is responsible for purchasing the entire electric power produced from the power plants that use the management solid waste site.
2. The purchase of the electricity sale is made through the electricity purchase contract established under the Procurement Contract which applies to the electricity emission projects using solid waste issued by the Ministry of Commerce.
3. In the six-month term since the owner of the solid waste electricity project has the text of the sale of electricity, the Purchase must proceed to sign the sale of the electricity purchase contract with the prescribed sale of electricity.
4. The deadline for the contract to purchase electricity for electricity-free electricity projects using solid waste is 20 years from the day of commercial operation. After 20 years, the two sides may renew their contract time or sign new contracts under the rules of the existing law.
1. Investment Capital
a) The investor is mobilized capital from organizations, individuals in and out of the country to make an investment in the investment projects that use solid waste by the regulation of the existing law.
b) Power projects using solid waste are entitled to investment credit incentives under existing law regulations on investment credit and export credit by the State.
2. Import tax: The electricity generation project uses a tax-exempt solid-free agent for imported goods to create fixed assets for the project; imports of imports are raw materials, supplies, sales of domestic products that have not yet produced imported to serve. production of the project under the provisions of the existing law on the export tax, the import tax.
3. Corporate income tax: The exemption, the reduction of corporate income tax on the electricity bill using solid waste is done as for the project of the investment incentives sector under the regulation of tax-current legislation.
1. Power projects using solid waste and wire work and variable stations to fight the national grid are exempt, reducing land use, land rent under the regulation of applicable law applicable to the project of the first preferable sector. Yeah.
2. Based on the approved planning authority, the Provincial People ' s Committee is responsible for the deployment of sufficient land funds for the owner to implement the power emissions projects using solid waste. The compensation, the release of the free release, is carried out by the laws of the land.
1. The purchase of electricity is responsible for purchasing the entire electricity output from the electricity generation projects that use solid waste at an electric purchase price at the power exchange point (which has not included a value-added tax) as follows:
-For direct solid waste combustion projects of 2,114 copper/kWh (equivalent to 10.05 UScents/kWh).
-For gas-fired power emissions projects from a solid waste landfill of 1,532 copper/kWh (7.28 UScents/kWh).
2. The generation of electricity generation projects using solid waste that applies the price of electricity by regulation at Clause 1 This is not to apply the price support mechanism for the project ' s electricity output by other existing regulations; the purchase price is adjusted according to volatility of the ratio. Dollar price.
3. The cost of buying electricity from the electricity bills using solid waste is calculated and put in full notice in the input rate in the annual electricity sale price of the Vietnam Electric Corporation granted by the authority to approve.
4. The Ministry of Commerce follows, proposes to adjust the price of the prescribed purchase price at paragraph 1 This Article, the Government Prime Minister considers, the decision.
1. The Ministry of Commerce is responsible
a) Content Guide, sequence, decision-making, appraisal, approval, adjustment, and publication of the power development planning of solid waste using solid waste.
b) Organization, guidelines and coordination with the Provincial People ' s Committee to examine, oversee the implementation of this Decision.
c) The Board of Procurement Contracts for the use of solid waste projects using solid waste.
d) Build, enact or grant authority to enact national technical standards of electrical technology using solid waste.
2. The Provincial People ' s Committee is responsible
a) Coordination, investor support for compensation, free-to-face, infrastructure, human resources for investment, implementation and development of power emission projects using solid waste on the site.
b) presided, in coordination with the agencies involved in the basis of the collection of collection, transport and processing of solid waste that arise on the province of the province that pays the owner of the investment projects using solid waste.
c) Implementation Of Local State Management Functions for Emission Projects use of solid waste by the law of the current law.
1. This decision has the enforcement effect since June 20, 2014.
2. The ministers, peer-to-peer Agency, Head of the Government of the Government, Chairman of the People ' s Committee of the Provinces, the Central City of the Central Committee; The Head of the Agency, Unit and Organization in relation to the development of the development projects. Solid waste in Vietnam is responsible for this decision.