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Circular 43/2012/tt-Bct: Regulations On The Management Of Planning, Construction And Operation Of Hydro Projects Harness The Hydroelectric Works

Original Language Title: Thông tư 43/2012/TT-BCT: Quy định về quản lý quy hoạch, đầu tư xây dựng dự án thủy điện và vận hành khai thác công trình thủy điện

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MINISTRY OF COMMERCE
Number: 43 /2012/TT-BCT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, December 27, 2012

IT ' S SMART

Planning regulations, investment building hydro projects and shipping operators. n

____________________________

Power Power Base. 28 /2004/QH11 December 3, 2004;

The Building Law Building. 16 /2003/QH11 November 26, 2003;

Investment Law Base 59 /2005/QH11 November 29, 2005;

The amended Law Base, which adds some of the provisions of the Laws related to the digital building investment. 38 /2009/QH12 June 19, 2009 of the National Assembly;

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;

Carrying out the direction of the Prime Minister ' s direction at text number 888/TTg-KTN on 31 May 2010 on the strengthening of the management of hydroelectric projects;

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

Minister of Commerce. The Board of Regulated Planning, the investment building of hydroelectric projects, and the operation of hydroelectric power.

Chapter I

GENERAL REGULATION

What? 1. The tuning range and subject apply

1. This information provides a number of content on hydropower planning management, the investment management of the hydro project and the management of the operation of hydroelectric power over Vietnam.

2. This information applies to organizations, individuals who participate in the activities related to hydropower planning, the construction of hydroelectric projects and the operation of hydroelectric works on the territory of Vietnam.

What? 2. Explain the word

1. Hydroelectric scale planning: A plan to determine hydropower projects that can invest in building with an installed capacity of more than 30 MW on a river or river system of a river basin.

2. Small Hydroelectric Planning: A plan to define hydroelectric projects that can invest in construction with installed capacity of up to 30 MW in the rivers, streams of river basins.

3. Hydroelectric Power Planning: A plan to determine the location of the built hydroelectric power plant to provide the capacity of the national power grid.

4. Multi-target hydropower project is the main task hydro project that also incorporates the provision of regulatory and/or flood-based regulatory mitigation missions, the social-economic development of the downstream area.

Chapter II

HYDRO PLANNING MANAGEMENT

What? 3. Hydroelectric Planning

1. Hydroelectric planning includes the hydraulic scale planning, the efficient hydropower planning, and the small hydro planning.

2. Hydroelectric scale planning is unified for each river basin, not divided by administrative boundaries. For river basins approved of the hydropower scale plan on the main river, allow for the planning of hydroelectric power over the tributaries, but must be assured in accordance with the sea level planning on the main river.

3. Hydroelectric Power Planning is set up for nationwide range or in each region, the domain of the national power system.

4. Small hydro planning is established by the province of each province, the central city of the Central District (later known as the province).

What? 4. Hydroelectric Planning Guidelines

1. Make sure to comply with the regulations of the existing law on construction, water resources, environmental protection, protection and development of forests and other regulations that are relevant.

2. Ensure that in accordance with economic-social development planning, water resource planning, irrigation industry planning, power development planning and other strategies, other planned-related planning has been granted authorit-granted jurisdiction.

3. Small hydropower planning must be consistent with a planned hydropower scale and hydropower plan that has been approved; the efficient hydropower plan must ensure that the hydro-electric scale planning has been approved.

What? 5. Hydroelectric Planning

1. Hydroelectric planning is set 1 times and can be adjusted, supplematable to ensure consistent economic-social-economic development.

2. Hydroelectric planning must be provided by the advisory body and sufficient capacity by the rule of law.

3. Authority to organize hydropower planning:

a) The Energy Directorate organizes the planning of hydropower and hydroelectric power planning within the country.

b) UBND governs a small hydroelectric plan on the site. For the small hydroelectric project located on the site from the two provinces onwards, the UBND governs where the layout of the hydroelectric power station is unified with the UBND of relevant provinces to organize the planning. The case of UBND in the relevant provinces is not unified, where the province is located where the hydroelectric power station has been reported by the Ministry of Commerce to review the settlement.

What? 6. Content, Hydroelectric Planning Profile

1. Hydroelectric planning content and small hydropower planning execution by Appendix 1 issued this message and must ensure the following requirements:

a) Update the planning, economic development orientation-the project area society; the status quo and the planning of mining projects, the use of relevant water resources on the basin that has been granted authoritated jurisdiction.

b) Investigation, survey, full evaluation of natural conditions (terrain, geology, meteorology, hydrology, tectonnology), population, economy-society, transportation, grid work ... in the area of planning research.

c) Assessment of the suitcases, the influence of hydroelectric projects that suggest planning to other relevant planning and projects on the basin.

d) Study of the scheme of mapping and scale of exploitation; assessment of the economic efficiency-the energy of proposed projects to petition the planning method.

) Assessment of the strategic environment by regulation at the Digital Protocol 29 /2011/NĐ-CP April 18, 2011 by the Government on Strategic Environmental Assessment, environmental impact assessment and environmental protection commitment (US Digital Protocol) on April 18, 2011. 29 /2011/NĐ-CP).

e) Survey, preliminary evaluation of the effect of planning projects for residential, land, demand for exploitation and use of downstream water. With the exception of multi-target hydropower projects, other projects are proposed to make sure no more than 10 hectares of land or no more than 1 MW of installed capacity for 1 MW of installed capacity.

g) The assessment plan and the solution petition minimus the negative impact of the project on the environment-society as: minimal flow of flow to the downstream; reparation, support, migration, resettlement; cultivation of forest area repayment of the purpose of use for the project. Murder.

h) Ranking the first order of investment in building petitions on the basis of economic indicators-engineering and environmental impact-the society of each project.

2. Integrated hydropower planning content includes:

a) The contents of this one Article.

b) Updated to supply-demand forecast and the auxiliary chart of the electrical system in the study of national power development planning research was approved; updates on the operating status of power plants and the progress of investment building projects can be used in the process. It ' s about the electrical system.

c) Analysis, evaluation of the necessity and scale of the efficient hydropower projects in the broadcasting of the auxiliary chart of the national power system.

3. Hydroelectric planning records include a print on the basis of a regulatory planning agency in accordance with the rules and CDs including full of the planning content at paragraph 1 and paragraph 2 of this (later known as hydropower planning records).

What? 7. Judge approx hydropower planning

1. The organization of the hydropower planning organization under the provisions of Article 3 Article 5 of this Information Department is presented by the Ministry of Commerce review of the planning review, accompanied by 1 hydropower planning records.

2. In the 5-day period of work since receiving the browser text and hydropower planning records, the Ministry of Commerce of the Appraisal and having the text attached to 1 copy of the print copy of the planning record sent the agencies, the unit involved to take comments on It's a regulated hydro.

3. The agencies, the related unit, are given an opinion on the hydropower planning set at paragraph 2 This includes:

a) For the planning of hydropower scale and efficient hydropower planning: the Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development, Ministry of Construction, Ministry of Transport, Ministry of Defence, UBND of project area provinces and agencies, unit-related units other (if necessary).

b) For small hydropower planning: the Ministry of Natural Resources and Environment, Ministry of Agriculture and Rural Development and the agencies, other related units (if necessary).

4. The appellate content, which contributes to the knowledge of the hydroelectricity planning to include:

a) The suitcases of hydropower planning proposals with projects, existing works and strategies, other relevant planning has been granted authorit-approved jurisdiction.

b) The level of reliability, which meets the quality requirements of the documents, the metrics used to set the planning.

c) The technical suitcases, the economic efficiency of the step system and of each project proposal project.

d) Assessment of the effects and mitigation of negative impact on the environment-the society of planning projects.

The suitcases of the progress of investing in planning projects in the planning of grid and power development planning on the site.

5. The agencies, the related unit, are aware of the hydropower plan that is responsible for responding to the Ministry of Commerce in the time outlined in the text of the opinion. The above term above, if the organs, units with no opinion, are considered to have agreed with the planning content.

6. After having the results of the appraisal and writing results of the agencies, the unit involved in hydro planning, during the 5-day work, the Ministry of Commerce has a written overview of the appraisal opinion, sending the planning browser agency to coordinate with the judiciary. This is a matter of planning a complete study of hydropower and hydropower planning.

7. The Planning Browser Authority has the responsibility to report the program, internships the appraisal comments at paragraph 6 This, sending the Department of Commerce with revised planning records, adding relevant content to review the hydropower planning approval.

What? 8. Hydroelectric Planning

1. The approved hydropower plan must ensure the following conditions:

a) There are sufficient records and prescribed planning content.

b) In accordance with relevant strategies, planning, projects, and works.

c) The documents, metrics, calculation results, analysis in the process of ensuring the quality and accuracy.

d) The rationing of the hydropower source of the study basin, miniming negative impacts on the environment-society, achieved the highest benefit of society and the state.

2. In the 10-day period of work since receiving the text of the program, the reception of the appraisal opinions and planning records states at paragraph 7 Article 7 of this Information, the Ministry of Commerce review and has the decision to approve the hydropower plan if responding. The stipulation in paragraph 8 of this is or has the text answering the planning review agency on the grounds that the hydropower planning (or not yet) approved.

3. The main content approx hydro planning includes:

a) Information about the location of construction site construction (geographic coordinates, township name, river name, river name), the extraction scheme, the duties and key specifications (area of the basin to the F-dam). lv , normal water levels in MNDBT, MNC dead water level, W flood capacity pl (if any), the water level downstream the smallest MNHL plant min , engine capacity. Shut up And the average power in E o ) of the projects.

b) Economic problems-engineering, environment-the society of projects that need to continue to be interested in the process of building investment.

c) The expected progress or order of investment builds projects.

4. During the 03-day period of work since the approval of hydropower, the Ministry of Commerce sent 1 original decision to approve with 1 copy of the complete planning record for the province of UBND and the Regional Department of Commerce had a hydro project; sending 01 original. decision to approve the Vietnamese Electric Power Corporation, ministries, industries, agencies, related units.

What? 9. The adjustment, hydro planning addition

1. Hydroelectric planning is adjusted, added in the following cases:

a) Content adjustment approx the planning of stating at a point a 3 Article 8 of this Smart to Hydroelectric Planning projects has been approved to improve economic efficiency, mitigate negative impact on the environment-society or to fit the environment. You know, with the other plan involved.

b) The addition of projects to the hydropower planning has been approved.

2. The adjustment, the addition of hydropower planning is as follows:

a) For projects stipulated at the point of a 1 Article: The head of the Labor Department program project review review of the planning adjustment accompanying the Planning Regulatory Report with a specified content at Article 6 of this Notice or the Investment Project profile. It ' s a regulated building. The appraisal, approval of the regulation of implementation by regulation at paragraph 2, paragraph 4, paragraph 6, paragraph 7 Articles 7 and Article 8 of this Information. The taking of opinions (if necessary) and answering the opinions of the agencies, the unit is concerned about the planning adjustment of the project implementation under regulation at paragraph 2, paragraph 3, and paragraph 5 Article 7 of this Information.

b) For the specified projects at the point b 1 Article: The implementation pursues to Article 4, Article 5, Article 6, Article 7, and Article 8 of this Information.

What? 10. Hydroelectric Planning

1. Hydroelectric planning must be announced in the 30-day period from the date of approval for agencies, units, organizations and individuals involved, implementing implementation.

2. Ministry of Public Affairs and Guidance, tracking, inspection of the implementation of the planned hydropower scale and hydraulic planning of hydroelectric power across the country has been approved.

3. UBND to publish and guide, monitor, check out the implementation of the small hydropower planning on the province ' s province that has been approved.

What? 11. Cost of planning, appraisal and publication of hydropower planning

1. The funding for the establishment, approval of the approval and publication of the hydroelectric plan (including regulation, the addition of hydroelectric planning) is balanced in the annual budget plan and other legal capital funds.

2. Ministry of Trade in the central budget under the plan of the year serving the establishment, approval of the approval, publication of the planned hydropower and hydropower planning; UBND province registers the province ' s budget under the planning of the year of employment, the appraisal appraisal and the publication of the small hydro planning on the province.

3. Management, using the funds at 1 This performs in accordance with the relevant rules of law.

4. Encouraging businesses to invest and participate in a hydropower planning organization to develop a hydropower source after being held by the state agency responsible for organizing a planning order at the 3-Article 5 of this Information approved. this funding is calculated at the cost of business production of the business but must be assured in accordance with the current regulation of the price, the cost pricing for the power development planning.

Chapter III

HYDRO PROJECT CONSTRUCTION INVESTMENT MANAGEMENT

What? 12. Principles of Investment Management Building Hydroelectric Project

1. The investment building of hydroelectric projects must ensure: adhering to the provisions of the law on investment, construction, water resources, environmental protection, and other relevant regulations; compliance with the hydropower planning and the right of power development planning. It's licensed to be approved.

2. The project case of hydropower planning but not yet in the planning of power development or not in accordance with the power development planning the agency has the authority to allow the investment to take the Department of Commerce ' s opinion on the suitcases of the project. You know, planning to develop power before considering the investment.

3. Every change in the legal status of the investment owner, scale, task, the progress of the hydro project in the process of building investment must be allowed by the state authorities to be allowed by written permission before the implementation of the implementation.

What? 13. The requirements for the Master of Hydroelectric Project

1. The business of the economic component is established by the regulation of the Corporate Law and has the investment business sector that builds the hydro project.

2. There is sufficient financial capacity to implement the project: The investor must ensure a minimum equity of 30% of the total project investment and credit organizations, financial institutions, and bank commitments to the remaining investment capital loan. The investor must report an agency authorship to hold the choice of Chairman of the Prescribed Investment in paragraph 2 Article 15 of this information on the layout of the project capital investment plan, ensuring that the project is consistent with the progress of the project.

3. The investor is currently not currently the investment owner of another project that is slowing down or slowing to a 12-month process over the regulation at the Investment Certificate, unless the case is suspended or extended progress on the project by law on investment. The investor must provide a copy of the records concerning the implementation of the projects in which he is an investment officer for the authority that allows the investment to review and must be responsible for the accuracy of these information.

What? 14. Plan implementation of the construction of hydroelectric projects

1. The planned implementation of the construction of hydroelectric projects (including construction of construction, broadcasting, and construction completion) is the basis for implementation of the project.

2. The planned implementation of the construction of hydro projects must be consistent with:

a) The power development planning is granted authority approval.

b) The situation of economic development-social, auxiliary and grid-related works are relevant in the region.

3. Prior to November 30, UBND the Ministry of Commerce reviewed the approval of the planned investment plan for the construction of hydroelectric projects on the site over the next year. The project was located on the site from two provinces, and the provincial capital of UBND has its own hydropower plant, which is unified with the relevant province of UBND to present the Ministry of Commerce.

What? 15. Power of the hydro project

1. The selection of the Master of Hydroelectric Project must ensure:

a) comply with the current regulation of the law on investment, tendering and other relevant regulations.

b) Choice investor with the highest capacity and experience to implement the right project investment, ensure quality and minimize the negative impact of the project on the environment-society.

2. The selection of the Master of Hydroelectric Project is as follows:

a) For projects in the portfolio of the power source in the National Electric Power Development Plan but have not defined the investment owner: Implemonism in the regulation of the law on investment and the decision to approve the national power development planning of the Prime Minister. -No. In it, the agency has the authority to select the owner to take the opinions of the ministries, the industry, the locality is relevant for consideration before the authorship has the authority to approve the project's owner.

b) For other projects: UBND has a project to hold an investor selection; take the Ministry of Commerce's opinion on the suitcases of the project with the planning and response of the investment requirement; take the opinion of other relevant agencies to review the approval.

3. The project case is located on the multi-province site, UBND province where the hydroelectric plant is located, taking the initiative of the Ministry of Commerce, UBND the relevant provinces and other agencies in accordance with the regulations to select the investment holder.

4. The agencies are given the opinion stating at the point a and point b 2 This is responsible for answering the opinion of the opinion in the 10-day period of work since the date of receiving the recommended text. The above deadline, if relevant agencies are not aware, is considered to have agreed with the agency taking the opinion on the selection of the project capital.

5. Recommend the option of an Investment Owner to implement the cluster of hydropower projects that regulate the flow or use of the power grid transmission of power generation power plants.

6. The business has invested funding and participation in the regulatory hydropower planning organization at paragraph 4 Article 8 of this Smart is priorititiated considering the transaction as Chairman of some of the hydro projects in the study of that plan if registering investment and response. The requirements are prescribed.

What? 16. Set up Project Investment Project

1. After being authorized by the authority to allow investments in accordance with the current regulation, the new hydro project is organized by the organization of the construction project for the construction of the hydro-electric construction project (later called the Investment Project).

2. Content Project Content implementation pursues to the rule of law management project management investment project and must perform the following content:

a) Investigation, survey, evaluation of natural conditions (terrain, geology, meteorology, hydrology, tectonnology), population, economy-society, transportation, grid work ... in the area.

b) updating the status quo and planning of extraction, using the relevant water resources on the basin, as the basis of calculating the design of the design hydrology and the water-level relations at the research routes.

c) The calculation determines the minimum flow by regulation at the Digital Protocol 112 /2008/NĐ-CP October 20, 2008 of the Government on Management, Protection, Exploitation Of Resources and the Environment of Hydroelectric Lakes, irrigation (Decree No. 1). 112 /2008/NĐ-CP ) and the guidelines of the Ministry of Natural Resources and Environment; there is a process measure that ensures minimal flow of flow to the downstream.

d) Analysis, comparing the methods to selection of the work line, normal rising water level MNDBT, MNC dead water level, N-installed capacity Shut up , the number of nests, the resulting dam, scale, and dam structure, the consumer solution, the power generation system, the power grid, and the electrical system, ensuring that the efficiency of the investment and the negative impact on the environment-social.

Assessing the impact of the project to safety, electricity, the extraction capacity of the works, the adjacent project on the basin has been granted the authority to approve.

e) Stable Safety Calculation, durability, waterproofing, hydraulic mode ... of the main work categories such as rising dams, dams, water storage, tunnels, water channels, pressure tanks, pressure towers, pressure pipes, hydro power stations, canals, water peaches. the foundation in all the work conditions of the work.

g) Full layout of the work observing the work of the work and background in regulation at the QCVN 04-05:2012/BNNPTNT National Technical Regulation (The irrigation works-the principal regulations on design) and National Standard TCVN 8215:2009 (Public Works). irrigation-The primary regulation of the design layout design of the lead works cluster).

h) Set up a plan to connect the hydropower plant to the national power system, ensuring that in accordance with the power development planning, the planning of connecting hydroelectric power plants to the national electricity system was approved; there was a written agreement by the Electric Power Corporation. Vietnam in terms of the technical approach, the instruments of measurement, control, protection ... of the electrical grid.

i) Set up the construction of construction and operation of the construction and operation of hydropower construction, ensuring that in accordance with the development of transportation in the region; the organization of the organization's construction and the progress of the investment construction process, efficiency and response to the prescribed electrical growth.

l) Appreciate the impact of the project ' s impact on the environment in the prescribed area at the Digital Protocol. 29 /2011/NĐ-CP In it, in that case, a specific investigation of the land of the soil (soil, soil, soil, soil, land of the land, the land of the land, the land of the land, the land of the forest, the land of the forest, the land of the forest, the land of the forest, the land of the forest, the land of the forest, the land of the forest, the land of the forest, the land of the forest, the land exploitation, sectors, and/or resettlement points, the area that returns the forest area must change the purpose of use for the project.

l) There is a unified unified text of the relevant authorities regarding the transfer of the purpose of using soil types for the project.

m) Taking the opinion of the UBND with regard to the solutions that minimus negative impact on the environment-society as: compensation, support, migration, resettlement; new forest planting substitution of forest area that will transfer the purpose of the project; return to the ground after building the building.

n) Assessment of other combined effects of the project such as: flood reduction, water supply to the downstream; development of tourism, transportation of fisheries, aquacal farming; the number of workers with employment in the investment, construction and operation of construction.

o) There is an investment capital layout that is consistent with the progress of construction investment; analysis, economic efficiency assessment-financing of the project.

What? 17. Appropriation, Hydroelectric Investment Project

1. appraisal, approval of the Hydroelectric Investment Project implemented by the rule of law on project management investment project management.

2. The first unit of the project appraisal is responsible for the opinion of the sector management agency, the state governing body for construction and other relevant agencies on the Investment Project and the basis of the basis for appraisal of the project in accordance with the regulation.

3. The case of results of the Study of Investment Project with a different petition with the planning approval of the planning project at the point a 10 Article 7 of this Information, the Minister of Industry must submit the Commerce Department considering the regulation of hydropower planning in accordance with the project. regulation at the point a 1 and point a 2 Article 8 of this Information before the approval of the project's investment.

4. Appraisal, feedback on the Investment or Design Project of the agencies, the related unit stated at 2 This must include:

a) The quality, reliability of the materials, the statistics of meteorology, hydrology, terrain, geology etc. use in the calculation of the project design.

b) The suitability of the overall layout of the structure, texture and main parameters of reservoirs, dams, dams, dams, tunnels, canals, pressure tubes, pressure tanks, preset towers, canals, high school roofs, equipment The gas, the electrical ...

c) The suitability of the energy parameters (installed capacity N) Shut up , the capacity to ensure N db The average power in E o ) And the project is connected to the project's electrical system.

d) The suitcases of project design with the standards, standards of construction, environment, fire prevention, firefighting etc. are allowed to apply.

5. The person who decided to invest the hydro project was only approved the Investment Project after being approved by the state agency or approved of the following content:

a) The report assessment of the environmental impact or the commitment to protect the environment by regulation.

b) The method or project compensation, support, migration, resettlement by regulation.

6. After approval of the Investment Project, the owner must send 1 complete records (including 1 in print and 01 CD records) accompanied by 1 original copies of the Approval Decision for the Ministry of Commerce, UBND Oblast and Project Area Trade Department for tracking, testing, etc. to direct the project.

What? 18. Set, appraisal, approve Hydroelectric Power Construction Design

1. Head of institutional organization, appraisal and approval of the technical design (for the project requiring a 3-step design requirement) or a public rendering design (for the project requiring a 2-step design project) of the project under the law of the management of public construction investment project management. And you ' re responsible for the approval of the content.

2. Technical design content (for a project requiring a 3-step design) or a rendering design (for a 2-step design requirement project) of the project must ensure consistent with the base device in the approved Investment Project. In case of change content, the owner must take the opinion of the relevant relevant agencies at paragraph 2 Article 16 of this Smart News on the Change Content to approve the Investment Project adjustment prior to the approval of the technical design or map design. The painting.

What? 19. Launch of hydroelectric power.

The project holder is only started to construct construction work when there is sufficient conditions under the regulation at Article 72 of the Building Law and the existing regulations of the relevant law.

What? 20. Investment Building Building and Power transfer of power plants

The investment of construction works connected to the grid and the power transmission of the hydropower plant is in accordance with the regulation in the Law of Power and the manual text, which specifies the details of the implementation of the Power Act. For hydroelectric power projects with installed capacity of 30 MW or more, the investment owner has to be invested in the construction of the connecting line from the plant to a semi-electric position in accordance with the purchase of the electricity. The event was not agreed, the Minister of Industry reviewed the approval of the Ministry of Commerce for implementation. The associated investment costs are calculated at the prescribed semi-electricity price.

What? 21. Hydroelectric construction construction worker

1. The hydropower quality management performed by the regulation of the law on the management of the construction work quality, which must be particularly concerned with the quality management of the offering, the overflow dam, the overflow valve doors, the sewers through the dam, the door. the water, the aqueduct, the pressure tube, the aqueduct on the aqueduct and the hydropower plant.

2. Other management content on the construction work of the hydropower construction implementation under the current regulation of the law on the management of the project investment project.

3. The inspection, regulation and certification of sufficient safety assurance, certification of the quality of construction work done by the current regulation of project management investment project management and quality of construction work quality Yeah. In it, it is required to take the test, certification qualified for the safety of the force prior to the introduction of use to the categories that when the incident occurred due to the loss of the ability to be catastrophic for people, property and the environment (including beating). And the dams, the overflowing valves, the sewers through the dam, the water for the water, the aqueduct, and the aqueduct, and the aqueduct on the aqueduct, and the aqueduct of the water.

What? 22. Monitoring, evaluating the investment building of hydroelectric project

Monitoring, evaluating the investment of the hydropower project by regulation at the Digital Protocol. 113 /2009/NĐ-CP December 15, 2009 of the Government on Investment and Investment assessment; Decision No. 1. 80 /2005/QĐ-TTg April 18, 2005 Prime Minister ' s April 18, 2005 issue of the Board of Investment monitoring of the community; the investments of the Ministry of Planning and Investment: number. 13 /2010/TT-BKH June 2, 2010 regulations on surveillance reporting, investment assessment, number of 22 /2010/TT-BKH December 02, 2010 regulations on the cost of oversight costs, investment assessment, number of 23 /2010/TT-BKH December 13, 2010 regulations on the capacity conditions of the organization and the individual perform the assessment of the investment project and the provisions of the relevant legislation.

What? 23. Processing for hydro projects that perform slow progress progress

1. For hydro-electric projects that have allowed investment or level of investment certificates that after 12 months of undeployed investment or inability to perform the correct progress (excluding projects that are suspended or progressing through execution), must be obtained in the first place. The project to deliver the other investment in accordance with the provisions of the law on investment.

2. The other investment delivery to the project must recover the implementation as follows:

a) For projects under the National Electric Power Development Plan: UBND province has a Ministry of Commerce report project to present the Prime Minister review of the decision.

b) For other projects: UBND the province decides to recall and choose another Chair in accordance with the current regulation and relevant regulatory content at Article 14 of this Information.

Chapter IV

MANAGEMENT OF HYDROPOWER EXTRACTION

What? 24. Hydroelectric reservoir operations

1. The water reservoir operation process must be granted approval by the authority before the reservoir contains the first reservoir water, on the basis of the investment research results and construction design, according to the regulation at the Digital Protocol. 112 /2008/NĐ-CP and Digital Decision 285 /2006/QĐ-TTg December 25, 2006, Prime Minister of the Government of the Government of the Government of the Administration of the Authority and the Organization for the Transport of Hydroelectric Reservoir.

2. The planning of a reservoir operation hosted by the Chairman of the project, in collaboration with the consulting body that is designed to design the appropriate hydropower project.

3. The reservoir operation process must ensure the following requirements:

a) Safe for the work with every flood of smaller scale or by the inspection of the procedure as prescribed.

b) Operate the conditions, flush out the safety of the land.

c) Full implementation of the tasks of the project.

d) (d)) comply with the approved intercity operation process (if any).

) Reducing the negative impact of the project on the environment-society.

e) Advanced the efficiency of the construction of the capacity of the building.

4. The main content of the procedure for the operation of the hydropower reservoir at Annex 2 issued by this message.

5. The organizations, individuals who are involved have to comply with the approved reservoir operation process. In it, it has to be particularly concerned with the regulations on room preparation work, anti-flood operations; the operation of flood discharge, electricity generation; minimum flow discharge for the downstream; coordination mode, information, regulatory reporting.

6. periodically, quarterly in the fall and months of the flood season, the Hydroelectric Dam must have a written report of the Ministry of Commerce, Ministry of Natural Resources and Environment, UBND Province and the Project Regional Trade Project on the operation of the reservoir.

What? 25. Operate of hydroelectric power plants in the national power system

1. Before the commercial operation, the Chair of the project must be licensed by the competent authorities to operate the electricity under the provisions of the Power Law and confirm the implementation of the works, the prescribed environmental protection measure at the UN Digital Agenda. 29 /2011/NĐ-CP.

2. During the operation of the electricity generation to the national grid, the management unit that mining the hydropower plant must comply with the mode of operation, command command, the condition of the unit of the electrical system; comply with the processes, the technical standard of operation. the power plant, the grid; the regulation of the safety of the hydroelectric dam and the reservoir operation process has been granted jurisdiction.

What? 26. Hydroelectric work maintenance

The maintenance of the hydropower process by regulation at the Digital Protocol 114 /2010/NĐ-CP December 6, 2010 the Government on the maintenance of construction work and other existing regulations is relevant.

What? 27. Check, monitor during the operation of the mining of hydroelectric power.

Each year, the Ministry of Commerce coordinated with the UBND of the project area and the agencies, the relevant unit of the inspection, evaluation of the implementation of the reservoir the operation of the reservoir and the power operating permits of the hydroelectric works that operate.

Chapter V.

EXECUTION CLAUSE

What? 28.

1. The Directorate of Energy is responsible for organizing, guiding, and coordinating with the Department of Department of the Provinces with a hydropower project examining the implementation of this Information.

2. UBND provinces with a hydro-electric project directing the agencies, the relevant unit on the deployment site implementing this.

3. A six-month period, before June 20 and before December 20 annually, UBND provinces have a hydropower project that reports the Ministry of Commerce on the situation to implement the planning, investment building of hydroelectric projects and operating the mining of hydroelectric works. On the ground.

What? 29.

1. This message has been in effect since 10 February 2013. The provisions, the instruction text of the Ministry of Commerce (formerly the Ministry of Industry) issued an association with the planning management, the construction of the hydroelectric project, and the operation of the mining of the hydro-electric work with the regulation at this date were abolished.

2. The hydro-electric planning has been granted the authority to approve in accordance with the provisions prior to this announcement the implementation of the procedure continues according to the decision issued.

3. The adjustment, the addition of the hydro-electric planning has granted the authority to approve the implementation by regulation at this Smart.

4. In the course of this announcement, if there is an entangrium, the offer of organizations, the individual reflects on the text of the Ministry of Commerce (through the Directorate of Energy) to review, resolve.

KT. MINISTER.
Chief.

(signed)

Quang Yang Quang