Circular 27/2013/tt-Bct: Provisions On Active Power Test And Use Electricity, Dispute Resolution Power Purchase Contracts

Original Language Title: Thông tư 27/2013/TT-BCT: Quy định về kiểm tra hoạt động điện lực và sử dụng điện, giải quyết tranh chấp hợp đồng mua bán điện

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MINISTRY OF COMMERCE
Number: 27 /2013/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, October 31, 2013

IT ' S SMART

The regulation of electrical activity testing and electricity use, the settlement of the contract to purchase electricity.

__________________________

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;

Base of Protocol 134 /2013/ND-CP October 17, 2013 of the Government rules sanctions on the administrative breach in the field of electricity, safety of hydroelectric dam, use of energy savings and efficiency;

On the recommendation of the Director of the Department of Power Regulatory;

The Minister of Public Works issued a regulation on electrical and electrical activity testing, which resolved the contract for the sale of electricity.

Chapter I

COMMON RULES

What? 1. The adjustment range

This message is about:

1. The self-examination of electrical activity in the fields: Electrical and electrical engineering consultants, electrical transmission, electrical transmission, electrical distribution, wholesale power sales, electric retail; inspection of the implementation of laws on electricity use, public safety protection. Electricity and power grid.

2. Standards, mission, and powers of the Electronic Control Board.

3. The settlement of the contract for the sale of electricity.

What? 2. Subject applies

This information applies to organizations, individuals engaged in electrical activity, electricity use, and other activities involved.

What? 3. Explain words

In this message the terms below are understood as follows:

1. Damages. It ' s a violation of the damage caused by the breach caused by the breach. The damage compensation value includes actual, direct loss of the breach, which the party is violated by the side of the breach, and the direct benefit to which the party is violated is likely to be harmed if there is no violation. The claim for damages must prove the loss, the extent of the damage caused by the violation of the breach, and the direct benefit that the offender should be entitled to if there is no violation of the breach.

2. The power unit operates in the region. is the electrical transmission unit, the electricity distribution unit, the wholesale unit, the electricity retail unit operating within the range from the two provinces.

3. Behavioral violations in the field of electricity. are the behaviors prescribed at the Digital Decree. 134 /2013/ND-CP October 17, 2013 The government regulates the administrative violation in the field of electricity, safety of hydroelectric power, and the use of energy savings and efficiency.

4. Electricity purchase contract It includes the contract to purchase electricity, manufacture, business, service, career, irrigation, irrigation, and the wholesale contract of an object that applies the price of electricity under the authority of the state authority.

5. Impossible event. is an objectiable objectiable objectiable objectiable objectiable objectiable objectiable objectifying objectiable objectiability and incompetence.

What? 4. Authority to examine electrical activity, use electricity

1. Department of Public Power Inspecer, Department of Public Electrical Inspecer, audits of the specialty department of the department of the district, district, town, provincial city (later writing as a district power check) has the right to control. The implementation of the laws of electrical activity, electricity use, and electrical safety.

2. The power test of the wholesale unit of the wholesale unit, the electricity retail unit has the right to examine the implementation of the laws of the use of electricity.

3. The electrical transmission of the electrical transmission unit, the electricity distribution unit has the right to examine the implementation of the provisions of the law on the safe protection of power work and the grid.

What? 5. Authority to resolve disputes contract purchase contract

1. The Department of Commerce has jurisdiction to resolve the contract dispute with an electric charge under 110kV if the parties have not conducted civil litigation procedures or commercial arbitration and have a deal to offer the Department of Dispute resolution.

2. The Power Regulatory Bureau has the authority to resolve the dispute the electricity purchase contract dispute with a voltage-grade voltage from 110kV or more if the parties have not conducted civil litigation procedures or commercial arbitration and have a deal to recommend the Power Regulatory Authority settlement. A dispute.

Chapter II

ELECTRIC CHECK.

What? 6. The mission, the powers of the Department of Commerce ' s Power Inspects

The Department of Public Power inspectors perform the task, the authority to check in the scope of the country, including:

1. Check out the implementation of the service of the power unit and client using the prescribed electricity at paragraph 2 Article 39, paragraph 2 Article 40, paragraph 2 Article 41, paragraph 2 Article 43, paragraph 2 Article 44, paragraph 2 Article 45, paragraph 2 Article 46, paragraph 2 Article 47 Power Law and No. 17 Articles 1 Amendment Rules, supplematuation of the Code of Power.

2. Check out the implementation of the regulations of the electricity safety law.

3. Detoing and blocking the prohibited acts stipulated at Article 7 Power Laws.

4. Check out the task of carrying out the duties of the Office of the Department of Commerce, Department of Electrical Compaction, and the Electric Control Unit of the Power Unit.

5. Request for a unit of power to cease or reduce power supply levels, the use of power-cutting electricity or reducing the consumption of electrical consumption in the event of a risk of threat to human life and equipment safety.

6. Request for the organization, the relevant individual that provides information, documents, and evidence that is involved in the service of the test, processing.

7. Set up the audit editor; Editing by the administrative breach; Editing by the court of mourning, violation in case of detection of electrical theft.

What? 7. The mandate, the powers of the Office of the Department of Commerce and the District Power Inspecer

The Office of the Department of Commerce and the Department of Electrical Power Inspects perform the task, which powers the inspection within its management range, including:

1. Department of Electrical Service inspectors check the implementation of the duty of power units and customers using the prescribed electricity at paragraph 2 Article 39, paragraph 2 Article 40, paragraph 2 Article 41, paragraph 2 Article 43, paragraph 2 Article 44, paragraph 2 Article 45, paragraph 2 Article 46, paragraph 2 Article 47 Power Law and paragraph 17 Articles 1 Law amended, supplematuation of certain provisions of the Law of Power.

2. Check out the implementation of the regulations of the electricity safety law.

3. Detoing and blocking the prohibited acts stipulated at Article 7 Power Laws.

4. The Department of Public Electrical Inspects has the right to examine the implementation of the duty of the District Power Inspectexamination and the Electric Unit ' s Electric Competence Examination.

5. Request for a unit of power to cease or reduce power supply levels, the use of power-cutting electricity or reducing the consumption of electrical consumption in the event of a risk of threat to human life and equipment safety.

6. Request for the organization, the relevant individual that provides information, documents, and evidence that is involved in the service of the test, processing.

7. Set up the audit editor; Editing by the administrative breach; Editing by the court of mourning, violation in case of detection of electrical theft.

What? 8. The mission, the powers of the Electric Control Unit of the power unit

The electrical transmission test of the electrical transmission unit, the power distribution unit, the wholesale unit, the power retail unit that performs the task, the authority to check within the management range is as follows:

1. Mission, the powers of the Electric Control unit of the electrical transmission unit, the power distribution unit.

a) Check out the implementation of the provisions of the law on the protection of electrical equipment, power and safety work;

b) Testing and timely prevention of electrical safety violations are regulated at Article 7 Power Law;

c) timely notice for the direct unit of the transport of transmission power grid, the distribution grid in the case of detection is at risk of threat to human life and site safety;

d) Set up the audit; the administrative breach.

2. Mission, the powers of the Electric Control Unit of the wholesale unit, the electricity retail unit.

a) Check out the implementation of the purchase of the electricity purchase by the buyer;

b) Check out the use of safe, efficient, effective;

c) Check out the cutting of electricity, reducing the consumption of electricity consumption by the side of the electricity;

d) Check and prevent timely conduct of prohibited behaviors in the use of electricity regulated at Article 7 Power Law;

Requiring the use of electric power to cut electricity or to reduce the consumption of electricity in the event of a risk of threats to human life and site safety;

e) Request for the purchase of the electricity supply, the document required for the inspection work;

g) Set up an audit editor using electrical power; Editing by the administrative breach; Editing by the court of mourning, breach in case of the detection of electrical theft.

What? 9. Power Test Standards

1. The Department of Public Electric Service must have enough of the following standards:

a) There ' s a higher degree of higher education.

b) There is time for work in the field of state management of electrical activity and electricity use or as a technical management business, electricity business from 05 years or more;

c) has been fostering knowledge of state management, legal knowledge of electrical activity and electricity use; and

d) Hold on the processes, electrical engineering regulations, electrical safety, regulations on electrical activity testing, use of electricity; there is the ability to study, detect, analyze, synthesize, and propose solution solutions in accordance with the function of the test work. Look.

Enough health, good moral qualities, sense of responsibility, honesty, justice and objective.

2. Department of Police Department Electrical Inspects and District Electric Checking audits must have enough of the following standards:

a) There ' s a higher degree of higher education.

b) There is a time of work in the field of state management of electrical activity and electricity use or as a technical management business, electricity business from 03 years or more;

c) has been fostering knowledge of state management, legal knowledge of electrical activity and electricity use; the deployment of work in the specialized room with a tracking function on the activities in the field of electricity at the time of the application of the Audit Card level. The power.

d) Hold on the processes, electrical engineering regulations, electrical safety, regulations on electrical activity testing, use of electricity; there is the ability to study, detect, analyze, synthesize, and propose solution solutions in accordance with the function of the test work. Look.

Enough health, good moral qualities, sense of responsibility, honesty, justice and objective.

3. The electrical transmission of the electrical transmission unit, the electricity distribution unit, the wholesale unit, the electricity retail unit must have enough of the following standards:

a) There is a neutral level that goes back to the electrical sector of the electrical transmission unit of the electrical transmission unit, the electrical distribution unit; there is a neutral level that goes back to the electrical sector or the electrical engineering worker from the fifth step up to the test. the electric unit of the wholesale unit, the electricity retail unit;

b) There is time of work in the field of transmission of transmission power grid, distribution grid, electricity business from 03 years or more;

c) has been fostering the legal knowledge of electrical activity and electricity use;

d) Hold on the standards, processes, electrical engineering regulations, electrical safety, regulations on electrical activity and electrical use; there is capability to study, detect, analyze, synthesize, and propose solution solutions according to the function of the test work;

Enough health, good moral qualities, sense of responsibility, honesty, justice and objective.

What? 10. Training, Electrical Control.

1. The Department of Electrical Control organizes training, murder, and issuing certificates to the Department of Commerce Department Electrical Inspection Officer, Department of Commerce, Department of Commerce, Department of Electrical Engineering. of the power unit operating in the region, domain.

2. Department of Department of Public Affairs Training, drugship, and Level Certificate of Identification Warrant of the County Inspection of the district, the Electric Control Unit of the department of the department of the province.

3. The murder is conducted periodically every 05 years. The certificate of the death requirement is valid for a period of 5 years.

4. Training funds, capacitor-based electromechanical Inspecitor, the management unit of the person who offers the payment of the charge of the capacitor charged according to the accounting finance regulation.

What? 11. Power of the Power Inspects Card

1. Secretary of the Department of Electrical Control, Department of Commerce, Department of Commerce, Department of Commerce, Department of Electrical Engineering, Vietnam Electric Corporation, Electric Service Control, Department of Electrical Operations in the area, domain.

2. Director of the Office of the District Power Inspection unit, Check out the power unit of the provincial power unit.

What? 12. Proposition, grant procedure, Power Test Card recall

1. The order, the power check-check procedure

a) Profile of the Ministry of Commerce, Department of Commerce, Department of Commerce, Vietnam Electric Service, and Electric Control of the Electric Power Unit in the area, the domain sent to the Department of Power Regulatory;

b) The profile of the granting of the District Power Inspectoring Card and the Electric Control Unit of the provincial power unit sent back to the Department of Commerce;

c) Profile of the first-time Power Checklist (01 set):

-Text-to-power check-out text;

-A valid copy of the degree of expertise or the decision to raise the salaries of workers;

-Certificate of certification requires the murder of the electronuclear Service.

-2 2 x 3 cm;

-The agency's confirmation of the agency's confirmation, unit.

d) The profile recommends a power inspection card level when the expiration of the card is included (1 sets):

-Text-to-power check-out text;

-Certificate of certification requires the murder of the electronuclear Service.

-Two, two, two, three, three inches.

During a 5-day period of work since the date of the receiving of valid records, the Department of Power Regulatory Affairs, the Department of Commerce, is responsible for the level of charge of the Electronic Inspects Card. In the absence of a card, after three days of employment, the Department of Power Regulatory Affairs, the Department of Commerce is responsible for responding in writing and stating the reasons.

2. The sequence, the procedure of granting the Electronic Test Card in case lost or corrupted.

a) The electrical test officer must report the unit chief directly to the document by missing or corrupted the card;

b) The proposed record-level Electronic Test card (01 set):

-Text to re-issue the card of the Power Inspecship Management unit;

-A proposal to re-issue the Card Checking Card;

-2 2 x 3 cm;

-The power check card for the card case is broken.

c) During the 5-day period of work since the date of the receiving of valid files, the issued agency has the responsibility to check the filing records and reorder the Electronic Test Card under the shelf life of the old card.

3. Power Test Card recall

a) Electric Test cards revoked in the following circumstances:

-Electric check card expired.

-Check out the power officer for another job or transfer business to another site;

-An electrical test is executed; the administrative breach in the field of power;

-An electro-checking agent is disciplined by the power test officer and recommended the card recall;

-The electrical test doesn't have the standards of the Electric Test.

b) Electric test management unit is liable to recall and cancel the Electronic Test Card in the specified cases at this point of paragraph; the written report for the agency has issued a card for a 10-day period, since the date of the recall.

What? 13. The card template and deadline use of the Power Test Card

1. The electrical test card with a size of 58 mm x 90 mm is specified at the Appendix 1 issued by this message and has a value used for 5 years.

2. The pink card is issued to the Department of Commerce ' s Department of Commerce, the Department of Police Electrical Inspects and the District Power Inspectexamination.

3. The leather orange card is issued to the Electric Control Board of Power units to test the use of electricity.

4. The light yellow card is issued to the Electric Control Board of Power units to test the protection of electrical equipment, electrical and electrical work.

What? 14. Charge of the Power Inspecer

The electrical officer is responsible for the law on his acts while carrying out a test mission. The case of an electrical test has infringed violations, depending on the degree of discipline that may be subject to disciplinary action, the execution of administrative violations in the field of electricity or the pursuit of criminal responsibility under the rule of law and the recovery of the Electronic Test Card by statute. I mean, at this point, there's a three-thing 12. Cases of damage, compensated by law.

Chapter III

ELECTRICAL ACTIVITY TESTING AND ELECTRICAL USE

What? 15. Test form

Electrical and electrical activity testing is conducted in the following form:

1. The planned examination is the pre-reported form of audits for the power unit; the organization, the individual who uses the electricity.

2. The sudden examination is the form of an unannounced examination, which is performed at the request of the competent state governing body, the request of the power unit or the detection of signs of violation of the laws of law on electrical activity and the law. Using electricity.

What? 16. The principle of electrical activity testing, electricity use

1. The electrical check was only checked when assigned to the task. The case of detection of a violation of a breach is the right to check for a sudden, but it must be reported in time to the person directly to the manager.

2. When the test is conducted, the check party must organize a checkup group or a checkup crew or a checklist chief, of which at least must have 1 (one) Electric checkbook. The Electric Test is responsible for the program of the Electric Test Card and notification of the audit content to the checked party.

3. The inspection must be conducted with the presence of the agent on the inspection.

Where the agent is checked in the absence of a police officer must invite at least 2 people to testify in full of civil action or local government representatives or regional police to witness the inspection.

4. When the theft of electrical theft, the Power Inspecitor is entitled to take the necessary measures to protect the crime scene prior to the arrival of the Electronic Test Card and must be held accountable to the law of his conduct.

5. Power inspectors have to set up the audit and write full records of the prescribed content; the Administrative Infringement Of The Administrative Breach upon the discovery of administrative violations in the field of electricity; the receipt of the cache of mourning, the means of violation. In case of detection of electrical theft by regulation.

6. Power-controlled electrical devices used in the inspection process must be specified, calibrated by regulation.

What? 17. Instacting Electrical Activity Control and Electronic Use

1. Checklist

a) The inspection plan must be approved by the head of state ' s governing body, the power unit and sent to the organization, the individual involved;

b) The test must notify the side of the examination before the test time of at least 05 working days. The message must be due to the person with the authority to sign, which specifies the content, location, time of inspection, component of the inspection team;

c) When the message is received, the checked party must be fully prepared according to the required content and the sending person is responsible for working with the inspection team. The checked party has the right to refuse a check if the test side does not perform the correct content of the message.

2. Breakthrough Test

The breakthrough examination is conducted in the following cases:

a) Check out the task of being assigned, the management of the electrical charge. The inspection is in accordance with paragraph 2, paragraph 3 Article 16 of this.

In case of breach of violation, the Electronic Inspects have to take a timely containment measure. The case is beyond jurisdiction, to inform the person who has jurisdiction to resolve.

b) The test is due to the self-detection behavior itself.

An electrical test is conducted to check when qualified under the provisions of paragraph 2, paragraph 3, paragraph 4 Article 16 of this. The case is not qualified, it must be notified immediately to the person responsible for holding the examination in time;

c) The groundbreaking case must enter the state examining the use of electricity during the period from 22:00 nights to 06:00 a.m., the inspection must coordinate with local police or local authorities to conduct a prescribed examination.

What? 18. Electrical Activity Control Content

1. Check out the implementation of the obligations specified in the Power Act, the Amendment Law, the addition of a number of provisions of the Power Law and the Enforced Guidelines; examination of the maintenance of the power operating conditions under the Electric Power Activity License. All right.

2. Electronic Quality Inspects

a) Electricity.

b) The frequency;

c) Other power quality standards by grid regulation if necessary.

3. Check out the electrical count device, including: electric motors, electrical gauts, and devices, accessories accompanying; the integrity of the sealing system of the power counting system; the suspension of the network, the electronic counting device, and relevant documents. Different.

4. Check out the protection of electrical equipment, electrical and electrical work.

5. Check out the implementation of the obligations in the electricity purchase contract.

6. Check out the implementation of the cease-regulation, reduce the power supply level.

What? 19. Electronic Use Content

1. Check out the voltage.

2. Test capacity and power coefficiers

Capacity and power coefficiers are determined by direct or indirect measurement through other measuring devices at the time of inspection. For high-time capacity, measuring three times during the test period, then taking the largest capacity of 01 of the 03 measurements.

3. Check out the power count measurement system and related records, including: motors, voltage transmables, telemetry power generation machines, wire-wire mapping, the integrity of the sealing system of the power count system; the suspension of the network, the measurement device. counting power and other relevant documents.

4. Check out the implementation of electrical safety regulations.

5. Check out the implementation of the cemeal obligations in the electricity purchase contract and other obligations specified in the Power Law, the Amendment Law, the addition of a number of provisions of the Law of Power and the Executive Guide.

What? 20. Check out the detection of electrical theft

1. The case of test detection is charged with electrical theft, the Power Inspecer has the responsibility to set up the audit, the Administrative breach of the Administrative Service. In the audit editor must specify the following content:

a) Describe the behavior of electrical theft and the parameters associated with the calculation, the processing of the violation of the use of electricity;

b) Draw the theft of the electricity;

c) Other evidence such as theft, photo, tape recorder, other electronic data (if any).

2. The case of holding up the burial, the means used to steal the electricity, the Electric Inspecer must set up the burial ground, the prescribed violation of the prescribed pattern at Annex 3 issued by this message and the execution of the burial, That means (the sealing paper must have the signature checkbook, the party is checked and the other components are prescribed).

3. Power inspectors have the responsibility to inform the semi-electric side to make a power stop.

What? 21. Check out the power count system

Testing of the power count measurement system (the IT, the measuring power flow machine, the measurement voltage, sealing, string diagram) is carried out in accordance with the following regulation:

1. The case of a missing electrical power detection test, the electronic counting system that is damaged, dislocated or has a non-normal sign, the Electric Inspector must specify the status quo and petition the treatment in the Audit Border.

2. The removal of the power counting device to check in the case of a damaged or unnormal signal count system must carry out the following regulations:

a) The announcement to the seller for the removal of the power counting system for the seller's knowledge and the execution of the person;

b) Keep the organization sealed. The electrical counting device, the other sealing device must be seized, enveloped and sealed (the sealing paper must have the signature of the Electric Inspecer, which represents the purchasing power and the electric side);

c) Set up the audit manifold, which must specify the time, the test site, the current detailed description, the unconventional expression of the power count measurement system and the reason for removing the power count measurement system.

3. The relevant parties have the responsibility to see the inspection, verify that the organization's electrical data measurement device, if absent from the inspection process without the correct reason, must still recognize the test results.

4. The way to determine the power output in the event of a lost electric power, the system measuring the power to function is not correct or cease operation carried out by regulation at paragraph 2, paragraph 3, paragraph 4 Article 20 The number of 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 Power Law.

What? 22. Border Patrol

1. The audit editor is set up by a prescribed pattern at Annex 3 issued by this message. The examination is set up in 3 copies, and the checklist holds 02 copies. The margin must have the suspension and order numbering to manage; the audit editor used, including either the false record or the cancellation must be fully managed and stored in accordance with the regulation.

2. The audit editor must specify them and the name of the participant to check, the party ' s representative is checked and the witness (if any). If the checked party does not agree with the content that is written in the audit editor, it is allowed to write its opinion on the end of the border.

3. The audit editor must have all the signatures of the Electric Test Officer, the agent of the party ' s examined and the witness (if any).

Where the party is checked not by the editor, the editor must specify the reason the party is checked not to the border. This compilation still has legal value to handle when there are signatures of at least 02 witnesses who are fully qualified for civil action or local government representatives or regional police.

4. The detection case has multiple violations of the regulation of electrical activity or electrical use, in the audit editor to be clear, full, accurate violation of violation.

What? 23.

1. The case of the detection of administrative violations in the field of electricity, in addition to the establishment of a prescribed audit by Article 22 of this Information, the Electric Inspectmaster must set up the Administrative Administrative Breach of the prescribed pattern at Annex 3 issued. You know, according to this privacy, you're going to transfer the border to the person with the jurisdiction over the rules.

2. The case of detection of prescribed power theft at paragraph 9 Article 12 Protocol 134 /2013/ND-CP October 17, 2013 by the Government of the Government to sanctiate administrative violations in the field of electricity, hydroelectric dam safety, use of energy savings and efficiency, the Electric Inspector is responsible for the establishment of the Administrative Violation, The Identification Of The Product. The amount of theft and the amount of compensation corresponds to the regulation at this Article 32.

3. The administrative breach is set up in 3 copies, the checkholder holds 1 copies, the party is checked for 1 copy and 1 submitted to the body with the jurisdiction of the penalty. The editor is stamped and scored the order for management. The written record used, including the false record or the cancellation must be fully managed and stored in accordance with the regulation.

What? 24. Transfer of the border, file violation records, electricity use

1. The inspection of the audit by the Electric Control Unit of the Power Unit

a) The case for the purchase of the electricity does not violate the purchase contract, and the audit editor is stored in the power unit;

b) The case for the purchase of a charge in the charge of the sale of the electricity sold, the Border Patrol, and the violations of the breach are kept in the power unit for disposal.

2. The inspection of the inspection by the Department of Commerce ' s Department of Commerce, the Department of Commerce and the District Power Inspecer

a) The case on the purchase of an electric or a semi-electric charge does not violate the purchase contract, the audit receipt is stored at the Ministry of Commerce or the Department of Commerce or the specialty room of the District People's Committee;

b) The case has a violation of regulations at Article 13 Number of Protocol 137 /2013/NĐ-CP October 21, 2013 of the Government stipulated the implementation of some of the provisions of the Law of Power and Amendment Law, which complements some of the provisions of the Power Law, the audit, which must be transferred to the party violated to handle on the 2 day period of work since. The date is complete.

3. The case has administrative violations in the field of electricity, the Border Patrol, the Administrative Violation Receipt must be transferred to the person with the authority to punish the administrative breach in the 02 day period of work since the date of the original receipt. Why send the power unit with authority and related obligations.

4. The case of violation of criminal law has signs of criminal law, records, and other artifacts, the means of violation transferred to the investigative body to handle the provisions of the law.

Chapter IV

RESOLUTION OF THE DEAL TO BUY ELECTRICITY

What? 25. Principles of settlement dispute contract purchase contract

1. The settlement of the contract disputes buying electricity must follow the rule of law.

2. The settlement of the contract for the sale of the electricity sale must be based on the agreement at the contract signed between the electricity and the electricity market.

3. The Department of Power Regulatory Affairs, the Department of Commerce only settled the dispute in the case of two parties without self-negotiable and had the agreement to recommend the Department of Power Regulatory, the Department of Commerce resolved.

What? 26. The resolution itself disputes the purchase contract.

1. Before offering the Department of Power Regulatory, the Department of Trade resolved the dispute, the parties must conduct self-negotiation.

2. The case of the self-negotiated itself, either party or the two parties has the right to send text recommended by the Department of Power Regulatory, the Department of Trade resolution dispute over jurisdiction.

3. The record offers to resolve disputes

a) The proposal to resolve the dispute;

b) The work or other document that proves the dispute is not self-resolved;

c) A valid copy of the Electricity Purchase Contract;

d) Electric Power Activity License (if available);

) The evidence for the dispute resolution requirement is based and legal;

e) The documents, the evidence associated with the incident.

4. Slowly after 5 days of work since receiving the dispute resolution proposal, the Department of Power Regulatory Affairs, the Department of Commerce has a responsibility to inform stakeholders on the reception of the dispute, asking the parties to provide financial records. ; the actual test (in the case of necessity) and the verification of the case is complete. In refusing to offer a dispute resolution, the Bureau of Power Regulatory Affairs, the Department of Commerce must respond in writing and specify the reason.

5. Slowly after 20 days of work since the date of receiving a valid profile, the Department of Power Regulatory Affairs, the Department of Commerce has the responsibility to hold the mediation meeting and exit the dispute resolution.

For the complicated nature of the incident, the organization of the reconciliation meeting and the dispute resolution concluded no more than 40 days of work since the date received valid records.

6. If either party is not unanimous to the conclusion of the Department of Power Regulatory Affairs, the Department of Commerce has the right to give the Commercial Arbitration or the prosecution in the Court to resolve.

What? 27. Responsibility to the stakeholders in the settlement of the sale of the electricity sale contract

1. The responsibility of the parties to contract the sale of electricity

a) Ensure that the integrity of the document, information information provided to the dispute resolution body;

b) Coordination, facilitation of the dispute resolution body that collects full information and actual examination (in the case of necessity);

c) Implemonation of the measures in the ability to allow or at the request of the dispute resolution agency aims to limit the damage.

2. The agency ' s responsibility for the contract to dispute the sale of electricity

a) The objective conclusion on the basis of the filing offer the dispute resolution and the evidence of the parties provided during the dispute settlement process;

b) Respect the non-legal agreement and the right to self-bargaining between the parties with the contract dispute purchase electricity during settlement;

c) The case of detection has a sign of violation of the non-jurisdiction of the settlement, which must inform and transfer the case to the authority that has jurisdiction over the rules of the law.

What? 28. Free violation of contract obligations and damages

1. The penalty level violates the base under the agreement in the contract but no more than 8% of the value of the contract obligation is violated.

Where the parties do not have a violation agreement, the guilty party has only the right to claim damages.

Where the parties have a violation agreement, the guilty party has the right to apply both the violation and the damages penalty.

2. The compensation level is due to a violation of the contract obligations under the agreement in the contract, if the agreement is not agreed upon in the contract, according to the law.

3. The way to determine the value of the contract obligation to be violated, the compensation value for each violation is specified at Article 29, Article 30, Article 31, and Article 32 of this, if the other damages are agreed upon.

4. The deadline to pay compensation damages due to the two sides of the agreement but no more than 15 days from the date of acceptance of the damages claim. If the term is too long, the offender is subject to a slow rate of interest paid on the amount of compensation required by law.

5. In a 15-day period, since the date received notice of a request for the payment of the fine, the breach must pay the penalty for breach of the contract to the breach; if too long, the offender is subject to a slow rate of interest paid on the amount of fines required by the rules. the law.

What? 29. The method of calculating the value of the contract obligation is violated on the infraction behavior of the semi-electric side

1. delay the power level under the agreement deadline in the signed electricity purchase contract.

a) The compensation to the side of the purchase by the direct amount of damage to the purchase of the electricity must be caused by the breach of the breach;

b) The penalty for breach of contract by the two sides of the contract and being based on the value of the contract obligation is violated.

The value of the violated contract obligation is determined by the value of the electricity yield agreed in the contract and is calculated based on the registration capacity, the time of registration for electricity purchase during the day, the price of electricity in the purchase contract and the number of days. The delay is determined from the time of the acute commitment to electricity until the time of the electricity level, according to the following formula:

T = A x g x n

In it:

-T: The value of the contract obligation is violated (copper);

-A: The day power determines the base on the registration parameters in the contract purchase contract (KWh/day);

-g: Power price (d/kWh) for compensation, calculated at the highest price in the signed electricity purchase contract;

-A number of delays.

2. The sale does not guarantee the quality, not enough the number of electricity under contract that has signed the damage to the electricity buyer

a) The compensation for the purchase of the electricity to the side of the purchase by the actual cost of loss, directly to the purchase of the electricity by the side of the electricity sale and the direct benefit of the purchase may be entitled if there is no violation;

b) The violation of the breach of the contract obligations due to the two sides of the agreement in the contract and is based on the value of the contract obligation to be violated.

The value of the violated contract obligation is determined by the value of the electricity yield agreed in the contract and is calculated based on the registration capacity, the price of power in the contract to purchase electricity and the time of the sale does not guarantee the quality, not enough power numbers, according to the following formula:

T = P x t x g

In it:

-T: The value of the contract obligation is violated (copper);

-P: Registration capacity in contract purchase contract (kW);

-t: The time of the sale does not guarantee quality, not enough power numbers (now);

-g: Power price (d/kWh) for compensation, calculated at the highest price in the signed electricity purchase contract.

3. Write the wrong power number, calculate the wrong bill causing damage to the buyer ' s side

a) The sale of the electricity to the purchase of the electric power grid has already been revoked at the expense of the two parties in the contract;

b) The breach of the contract obligations due to the two sides of the agreement in the purchase contract.

What? 30. The method of calculating the contract obligation is violated on the infraction behavior of the procurement party.

1. delay the implementation of the signed contract for the sale of the electricity seller

a) The compensation for the seller by the direct amount of damage to the sale of the electricity is due to the violation of the charges;

b) The breach of the contract obligations due to the two sides of the agreement in the purchase contract and is based on the value of the contract obligation to be violated.

The value of the violated contract obligation is determined by the value of the electricity output by agreement in the contract and is calculated based on the registration capacity, the time of registration for electricity purchase during the day, the price of electricity in the purchase contract and the number of days. The delay is determined from the time of the pledge to implement the contract until the time the contract is made in accordance with the following formula:

T = A x g x n

In it:

-T: The value of the contract is violated (copper);

-A: The day power determines the base on the registration parameters in the contract purchase contract (the capacity multiplied by the time of purchase electricity in the day);

-g: Power price (d/kWh) for compensation, calculated at the highest price in the signed electricity purchase contract;

-A number of delays.

2. Use the target electrode to have a higher price than the agreed price in the contract

a) The compensation for the sale of the electric side by the price arbitrate during violation of the purpose of the use of electricity plus the interest of the price arbiter is due to the two parties agreed in the contract. The case does not specify a time when the target violation of electricity is charged with a period of 12 months;

b) The breach of the contract obligations due to the two sides of the agreement in the purchase contract.

3. Use of the registered capacity in the auxiliary chart that is written in the contract purchase contract at peak time.

a) The purchase of electricity must pay for the sale of the electricity to the side of the electricity sale in case of the sale of the electricity.

b) The violation of the breach of the contract obligations due to the two sides of the agreement in the contract and is based on the value of the contract obligation to be violated.

The value of the violated contract obligation is determined by the following formula:

T = D P x t x g

In it:

-T: The value of the contract is violated (copper);

-DP is part of the violation capacity during rush hour by the largest use capacity minus the registration capacity in the additive chart at the corresponding time;

-t: The number of hours of actual infringement (if less than 01:00);

-g: The sale price during rush hour according to the regulatory expression of the state agency has jurisdiction in the time of the compensation (đ/kWh).

4. Do not promptly cut power or reduce the consumption of electricity when receiving the seller ' s notice in the regulatory cases at Article 27 Power Law.

a) The purchase of electricity must pay for the sale of the electricity to the side of the electricity sale in case of the sale of the electricity.

b) The breach of the contract obligations due to the two parties agreed in the contract.

5. Slow down payment

a) The handling of the slow payment of the electric currency is now prescribed at paragraph 2 and paragraph 4 Article 23 Power Law;

b) The breach of the contract obligations due to the two parties agreed in the contract.

What? 31. Compensation Damages in case of semi-false behavior by the authorities with regulatory authority.

The semi-electric side must reimbursate the purchasate of the amount of electricity that has already earned plus interest rates due to the two sides of the agreement.

The case does not specify a time when the wrong application is charged with a 12-month period.

What? 32. Injury damages in case of power theft

1. The infraction party must pay damages to the side of the amount of the amount corresponding to the value of the electricity yield lost due to the resulting electrical theft, which is determined in the following formula:

T = A BT x g = (A) SD -Ah. HY. ) x g

T: Compensation (copper);

A BT : Power yield to compensate (kWh);

A SD : The power output of the electricity consumption devices during the violation period (kWh);

A HY. : Power output is shown on the invoice payment bill during the violation period (kWh);

g: The price of electricity (d/kWh) for compensation, is calculated at the highest price for the purpose of using the actual electricity according to the applicable electricity price at the time of detection.

The case of the under-checked case has a charge of theft of electricity to use for multiple purposes, the price of electricity to charge the compensation to be determined based on the highest price of the price expression in the use of the checked party.

2. The method of determining using power (A) SD ) as follows:

a) The method of determining the yield of electricity uses by the specified error of the electric power.

The case of a single-form violation, the only way to intervene, is to mislead the number of workers to steal electricity, and this error is determined by the fact that it is determined by the fact that the power generation is based on the highest number of errors, the highest number of electric motors. the independent determinate and applies in the following formula:

s: The largest error in the control values of electric motors (by%);

A bqn : Power day power generation using the daily average of the single-day invoice has the highest average daily power generation in the time of the violation.

The case is not determined by the time of the breach, the interval interval is calculated from the date of the nearest electrical examination or from the replacement, repair or examination of the nearest power counting system until the discovery but no more than 12 months.

n: The number of days of compensation (day).

b) The method of determining the yield of power used for other electrical theft or does not apply the prescribed method at this point of a paragraph.

Step 1: Define the capacity

The actual base of testing to determine the highest amount of capacity in the amount of capacity can be determined in the following ways:

1: Total power measured at the time of inspection, detection of violation.

Way 2: The highest capacity in the subscriptions register is registered in the electricity purchase contract.

3: The capacity of the devices to use electricity at the device's board of equipment is registered in the contract purchase contract (for the purchase contract for the purpose of manufacturing, business, service).

Way 4: The capacity of the electrical consumption device in the Comptest Border (which can take the capacity on the maker ' s device label).

Step 2: Define output

-The case determines the capacity in a 1 or 2 way, applying the following:

A SD = P x t tb x n

In it:

P: Total capacity (kW) measured at the time of the inspection, detection of the highest violation or capacity (kW) in the registration side chart in the contract purchase contract.

t tb : The time of use of the average per day of all electrical consumption devices (h/day) is determined based on the registered Border or Registered Auxiliary Chart, if it is not specified, the applicable applicable to the 10 Appendix 2 issued a notification. Hey.

n: The number of days of compensation (day)

-The case determines the capacity in a 3 or 4 way, applying the following electrical production formula:

ASD = (P) 1 x t 1 + P 2 x t 2 + ... i x t i ) x n

In it:

Pl 1 , P. 2 Well ... Pl i : The capacity (kW) of each device uses electricity at the registered device capacity board in the contract for the electricity or power (kW) contract of each device consumption of electricity in the audit manifold.

t 1 , er ... 2 , er ... i : The time of use during the day of each device (h/day), which is defined based on the audit editor; if it is not defined, the applicable application in Annex 2 issued this message.

n: The number of days of compensation (day)

-For the organization, the individual using the operating power can apply the basis of the basis of the electric bill by the formula:

A SD = A bqn x n

In it:

A bqn : solar power generation using a single day's daily average of the highest average daily power generation over a 12-month period prior to that.

n: The number of days of compensation (day).

3. The number of days of compensation (n) specified at paragraph 2 This is defined as follows:

a) Being charged from the date of the execution of the breach until the detection, minus the time of the power stop and stop using the electricity for a reason;

b) The undetermined case is prescribed at the point of this paragraph, the number of days the compensation is calculated from the date of the nearest electrical examination or from the replacement, repair or examination of the nearest power count measurement system until the discovery, but no. That ' s 12 months, except for the time being stopped and stopped using electricity for a reason;

c) For the case of electronic theft using magnets using magnets, the direct hook, the number of days of compensation is 12 months, except for the time of the power stop and stop using the electricity for a reason.

4. In addition to the damages of the damage to the inside of the lost power output by electrical theft, the breach is subject to the cost of repairs, calibration tests, or restitution of the device's value, the measured counting system. due to the breach.

Chapter V.

MANAGEMENT OF RECORDS AND MOURNING, THE MEANS OF VIOLATION OF POWER AND ELECTRICITY USE.

What? 33. Records and mourning, vehicle violation vehicle, use of electricity and electricity.

1. Records and mourning, the means of violation of electrical activity including:

a) The editorial of the electrical activity test, the Administrative Violation Of Administrative; Editing by the court of mourning, violation in case of detection of electrical theft and other artifacts, the accompanying means of violation (if any);

b) Photo, tape tape, record electronic data, describe the behavior violation behavior (if any);

c) The calculation of the compensation payment, the fine for the conduct of violation of the laws of law on electrical activity;

d) The documents, documents, and other artifacts are related.

2. Records and mourning, the means of violation of electricity including:

a) The audit of the examination of the use of electricity, the Administrative violation of the Administrative (if any);

b) The device editor of the power count measurement device (if available), the Electronic Power Measure Device (s);

c) Sister theft of electrical, photo, tape tape, electronic data noted and describes the violation of the use of electrical use (if any);

d) The compensation of the compensation, the fine for the conduct of the violation of the regulations on the use of electricity;

) The receipt of the burial, the violation in case of detection of electrical theft and other artifacts, the accompanying violation (if any);

e) The device measures the removable power count (if any);

g) The documents, documents, and other artifacts are related.

What? 34. Profile management of electrical activity testing, electrical use, electrical safety

1. The Agency, the Electronic Inspecship Management unit responsible for issuing the report and managing the records, setting and managing the following books: Register of Exchange and Border Statistics; Register of the Case for Power Operations, electricity use, electric safety. The books must be numbered and sealed.

2. The delivery, identification of the records and the artifacts, the means of violation must be given clear dates, months, years, places of delivery, where received and signed in the Register. The register must strike the page number and seal the receipt.

3. The agency, the final processing organization responsible for keeping the case in violation of electrical activity, using electricity, electricity safety. The deadline for the management of the breach of electrical activity, electricity use, electric safety is now prescribed by law.

Chapter VI

THE ORGANIZATION.

What? 35.

The practice is accompanied by this Information Annex 3 on the pattern and the decision pattern for use during testing and violation of the violation in the field of power. The non-regulation related patterns at this Smart are applicable under the Digital Protocol. 81 /2013/NĐ-CP July 19, 2013 the Government rules out certain things and measures the implementation of the Administrative infringes Act.

What? 36. Charge of the Power Regulatory Service, Department of Commerce

1. The Power Regulatory Authority is responsible:

a) The organization of instruction, examination, monitoring of the implementation of the regulations on

the electrical activity test, the use of the house management agency

the water in terms of power operations and the use of local electricity and power units;

b) Check, monitor the granting of the card and recover the Electric Service ' s Electric Test Card.

2. The Department of Commerce has the responsibility of organising the inspection, overseeing the implementation of the regulations on the operational testing of power operations, the use of electricity, the electricity safety of power units in the province.

What? 37. Report Mode

1. Electric units within the province of the province are responsible for reporting of a sudden, quarterly, annual period of electrical use of electrical, electric safety with the Department of Commerce, where it is necessary to report directly to the Department of Power Regulatory.

2. The Department of Commerce has a responsibility to report a sudden, quarterly, annual, test-of-action, electrical activity violation, electrical power, electrical safety, and electricity.

3. Vietnam Electric Power Corporation is responsible for reporting a sudden, quarterly, annual, annual, electrical, electrical, electrical, electrical and electronic testing.

4. The Department of Power Regulatory reception and aggregation of all-quarterly, quarterly, annual, annual tests on test work, the handling of electrical activity violations, the electrical use of the Department of Commerce, the Vietnam Electric Corporation to report the Minister of Commerce.

What? 38.

1. This message is effective from December 15, 2013. Number Decision 31 /2006/QĐ-BCN September 6, 2006 of the Minister of Industry enacted the Regulation of Power Operations and Power Operations Regulation, addressing the contract for the sale of the electricity sale, Decision No. 1. 12 /2007/QD-BCN March 6, 2007, of the Minister of Industry on the amendment, complements some of the provisions of the Executive Regulation attached to the Digital Decision. 31 /2006/QD-BCN, Digital 11 /2011/TT-BCT March 30, 2011 of the Ministry of Commerce on the Amendment, the addition of Article 10 of the Regulation of Power Operations Inspects and Power Use, the dispute over contract purchase contracts issued by Decision No. 31 /2006/QĐ-BCN September 6, 2006, the effective date from this date is effective.

2. The Electric Control Card that was granted prior to this Smart Time has the effect that continues to have the value used to the end of the record on the card.

3. Chief of Staff, Chief Inspector Chief, Chief Secretary, General Secretary, Chief of the Department, People's Committee of the Provinces, Central City and Power units, organizations, individuals using the electricity responsible for this private execution.

KT. MINISTER.
Chief.

(signed)

Quang Yang Quang