Law 24/2012/qh13: Modifying, Supplementing Some Articles Of The Law On Electric Power

Original Language Title: Luật 24/2012/QH13: Sửa đổi, bổ sung một số điều của Luật Điện lực

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CONGRESS
Number: 24 /2012/QH13
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 20, 2012

LAW.

Amendment, additional provisions of the Power Law

_________________

The 1992 Vietnamese Constitution base of the Socialist Republic of Vietnam was amended, adding some to the number of resolutions. 51 /2001/QH10;

Congress enacted the Amendment Law, which adds some of the provisions of the Digital Power Law 28 /2004/QH11,

What? 1.

Edit, add some of the provisions of the Power Law as follows:

1. Add paragraph 17 and paragraph 18 on Article 3 as follows:

" 17. The wholesale price is the wholesale price of this unit of electricity sold to other power units for resale.

18. Electricity retail price is the electricity sale price of the electricity unit sold to customers using electricity. "

2. Add 1 a to after paragraph 1; modify, add 3 and paragraph 4 Article 4 as follows:

" 1a. Priority development of rural, mountainous, border, islands and regions with economic-economic conditions are particularly difficult.

3. Apply scientific and technological advances in electrical activity, using electricity to save, enhance efficiency using energy sources, protect the environment; encourage research, development, manufacture, and use of modern equipment that serve the requirements of the environment, and to use it. Power development.

4. Push for the exploitation and use of new energy sources, renewable energy to generate electricity; there is preferable policy on the development of the electricity generation plant that uses new energy sources, renewable energy. "

3. Clause 1 and paragraph 3 Article 8 are modified, adding as follows:

" 1. The power development planning is a major planning process that includes the national power development planning and the provincial power development planning, the central city. The power development planning is set up, approved to serve as the basis for the investment and development investment activities in accordance with the economic-social conditions of each period. The power development planning must be united with the planning of primary energy sources for electricity generation including new energy sources, renewable energy, and other planning-related planning.

3. Provincial power development planning, the central city's central city is established on the basis of the overall economic development of the local economy and must be consistent with the national power development planning. The provincial power development planning, the central city was established for each of the ten-year period and was oriented for the next ten years. "

4. Add Article 8a after Article 8 as follows:

" 8a. Power development planning

1. The National Electric Power Development Plan includes the following main content:

a) The President of the situation of economic development-society and the national energy system in the planning phase;

b) Power demand;

c) Evaluation of primary energy sources, extraction capacity, energy export capacity; assessment of the ability to exchange electricity between regions, domain; fuel price forecasts for electricity generation;

d) The National Electric Power Development Program includes a detailed program for power generation development, electrical grid development, electrical grid links with countries in the region, rural electricity development, new energy resource development, renewable energy, and the development of electricity generation. other content involved;

The synthesis of building volumes and capital investment for the national electricity development program, economic analysis-finance development program, national power development program;

e) Protect the environment and rooms,

g) The land fund for power work;

h) Mechans, policies, solutions that guarantee the implementation of the national power development program in the planning phase.

2. Provincial Power Development Planning, the central city of central to include the following main content:

a) Planning, orientation and goal of economic development-the society of the province, the central city of the central part in the planning phase;

b) Forecast for detailed electricity demand for districts, districts, towns, cities in the province during the planning phase;

c) Assessment of the potential for the development of local electricity sources including electricity source using new energy, renewable energy; power exchange capabilities with adjacent areas;

d) Assessment of local power supply, especially regions of economic-particularly difficult socioeconomic conditions;

The development of the provincial capital, the provincial grid, the central city of the central city for planning stages; the blueprint for the development of the detailed grid for the districts, districts, towns, and cities;

e) Protect the environment and rooms,

g) The volume of building volume and capital investment for the selected electrical development planning method, economic analysis-the selected method of methodology;

) Expected the land fund for power work;

i) The policy mechanism, the guarantee of the implementation of the provincial power development planning, the central city in the planning phase. "

5. Modified, add Article 9 and paragraph 1, paragraph 2 Article 9 is as follows:

" Article 9. Create, approve, publish and adjust the power development planning.

1. The Ministry of Commerce organizes the National Electric Power Development Planning Development Planning; published and guided, tracked, examining the implementation of the approved national power development planning; the specific regulation of content, sequence, and other regulations. secularation, appraisal, power development planning and implementation planning implementation.

2. The Provincial Committee of the Provincial People, the Central Committee of the Central Committee (later known as the Provincial People's Committee) organized the provincial power development planning, the central city of the People's Assembly of the same level, passed before the Secretary of State. The Ministry of Commerce approved; publication and guidance, tracking, examining the implementation of the provincial power development planning, the central city of the central city was approved. "

6. Clause 1 Article 11 is modified, added as follows:

" 1. Electric development investment must be consistent with the power development planning. The investment project is not yet in the power development planning that is only implemented when the power development planning agency has the authority to approve the permission plan. "

7. The clause point 1 Article 16 is modified, adding as follows:

"e) the organization of electrical energy audits periodically and imples regulatory solutions after having an audit conclusion in accordance with the regulation of the law on the use of efficient savings energy."

8. Clause 2 Articles 18 is modified, added as follows:

" 2. The Prime Minister regulates the conditions, the structure of the electricity industry to form and develop power market levels; the process of routing the electricity market development, sweeping and regulating the rapid course of the course in accordance with the economic-social situation in the world. Every time. "

9. paragraph 6 Article 23 is modified, added as follows:

" 6. In the case of a non-payment charge, it has been announced twice by the electronitentionship twice after fifteen days, since the date of the announcement, the electricity seller has a power to stop the electricity. The semi-electric side must announce the time of the power stop for the purchase by 24 hours and is not responsible for the damage caused by the blackout. "

10. paragraph 2 Article 24 is modified, added as follows:

" 2. The electrical counting device must guarantee a measurement of the measurement technique and be tested, calibrated, tested in accordance with the regulation of the measure of measurement. "

11. Modified, add Article 25 name and paragraph 1, paragraph 2 Article 25 as follows:

" Article 25. Calibration, calibration, test device test

1. Only the designated, calibrated, test-tested organizations, or indicated by the regulation of the new measurement law, are allowed to be tested, calibrated, testing device measurements.

2. The semi-electric side is responsible for organizing the measurement, calibration, testing of the electrical counting device according to the requirements and the statute of limitations of the measure of measurement. "

12. Point 2 Article 28 is modified, added as follows:

"c) Do not harm the interests of the customer using electricity, the interests of the State and the national energy security."

13. Add to 1 in after paragraph 1; modify, add 3 and paragraph 4 Article 29 as follows:

" 1a. The price of electricity sold by the market mechanism has the regulation of the State in accordance with the development level of the electricity market.

3. Implemenation of a reasonable electricity retail price structure for customer groups; the State supports the retail price of electricity for the purpose of living with the poor, the social policy-based social policy that is regulated by the Prime Minister in accordance with the economic-social situation. Every time.

4. Assure the right to self-determination to buy, sell electricity in the price bracket, the state-defined electricity retail price structure of the purchasate of electricity trading objects on the electricity market. "

14. Add to paragraph 6 on Article 30 as follows:

" 6. The financial statements have been audits annually of the power unit. "

15. Clause 1, 2 and 3 Articles 31 are modified, adding as follows:

" 1. The electricity retail price by the electricity retail unit builds the price base of the average electricity retail price, the price of price adjustments and the electricity retail price structure regulated by the Prime Minister in accordance with the development level of the electricity market, except for the case. specified in paragraph 2 Article 62 of this Law.

The Ministry of Industry chaired, in coordination with the Ministry of Finance to build the price framework of the average power retail price, the price of price adjustments and the decision-making of the Prime Minister's electricity retail price structure.

The regulation of electric retail prices must be made public, transparent about the variation of the constituent elements associated with price adjustments. The state uses measures to stabilize the sale price in accordance with the law of the price.

2. The power generation framework, the wholesale price frame, the electricity transmission price, the electricity supply price, the power system, the operating system operating the power system and the operating fee of the electricity market transaction provided by the electricity unit; the power regulatory authority. The Minister of Commerce, the Minister of Finance, approved by the government's division, except for the provisions of Article 2 of Article 62 of the Law.

The Ministry of Industry chaired, in coordination with the Ministry of Finance to guide the electricity price framework, the wholesale price framework, the electricity transmission price, the electricity system's auxiliary service price, the operating system operating the electricity system and the operating fee of operating the electricity market. -No.

3. The price of electricity under contract to buy electricity is limited, the wholesale price is due to the power units agreed but not beyond the price of the broadcast price, the wholesale price framing framework has been approved. "

16. Modified, add 1 and paragraph 4; add paragraph 5 to Article 32 as follows:

" 1. The organization, the individual is licensed to perform one or more of the field of electrical activity.

4. The government provides specific regulatory conditions for each field of electrical activity.

5. Ministry of Public Works, procedures, extension, modification, modification and duration of the license capacity for each field of electrical activity. "

17. Points a 2 Article 39 modified, added as follows:

"a) Compliance process, technical regulation of power plant operation, grid; for hydropower plants to comply with the regulation of hydroelectric dam safety and water reservoir operations;"

18. Point of paragraph 1 Article 44 is modified, added as follows:

"c) The price of sale on the competitive electricity retail market is prescribed at 1 Article 31 of this Law, minus the specified case at paragraph 2 Article 62 of this Law."

19. Modified, add Article 49; add paragraph 4 to Article 49 as follows:

" Article 49. The responsibility of coordination performs upon construction, renovation, ending use of power work and other works of work.

4. When there is no more exploitation, the use of the power process must be processed, the management guarantee is safe under the government regulation. "

20. Clause 1 Article 54 is modified, added as follows:

" 1. The power station, the power station, must be strictly protected, surrounded by a protective barrier, a safety alert for electricity, fire prevention, fire extinguiers; those who do not have missions are not allowed to enter the power plant, the station.

Water reservoirs, hydroelectric dams, and auxiliary buildings serving the hydroelectric power plant must be built, managed, and safeguarding the safety of hydroelectric power plants and downstream areas. Strictly prohibited acts of seizure of hydroelectric power, the lake's heart, contaminarate the water and affecting the possibility of electrical power. "

21. Additional Article 59a following Article 59 as follows:

" 59a. Processing power.

1. The case of electrical incompetence, the unit of power within the scope of the mission, its powers are responsible for handling under the rule of law.

2. The case of a serious electrical incident to a major disaster level is the release of the state of emergency and the application of the application measures must follow the regulation of the law on the state of emergency. "

22. Article 62 is modified, adding as follows:

" Article 62. The wholesale price in rural, mountainous, border, sea.

1. The wholesale price in rural, mountainous, border, and the national grid area of the grid is carried out by regulation at Article 31 of this Law.

2. The sale prices in rural, mountainous, border, and regional islands that have not yet connected the national grid are carried out as follows:

a) The electricity retail price for the purpose of living due to the relevant electricity unit, the Provincial People ' s Committee decided to conform to the mechanism of supporting the electricity retail price for the purpose of living in this area provided by the Prime Minister;

b) Other types of electricity prices are formulated by the electricity unit, the Provincial People's Committee decided in accordance with the principle of sufficient compensation, which has a reasonable profit for the power unit on the basis of consultation with the power regulatory authority. "

23. Modified, add the points, g and k paragraph 1; add the point m and point n 1; modify, add 2 Article 66 as follows:

" e.) Building the price frame of the average electricity retail price, the price adjustment mechanism and the electricity retail price expression structure; the organization implementing the mechanism, the electricity price policy;

g) Regulation of the price of electricity generation, the wholesale price framework, the approval of the electricity transmission price, the cost of the service of the electricity system, the operating system of electricity generation and the operating fee of the electricity market transactions;

l) Check, monitor the adjustment and exercise of electricity prices;

m) Check out the power purchase contract with a deadline between the electricity and the electricity purchase unit, the purchase contract purchase contract with the Government's provisions;

n) Check out and dispose of the breach in the field of electricity under the rule of law.

2. The Prime Minister provides specifics on the organization, the function, the mandate, the powers of the power regulatory authority. "

24. Article 67 is modified, adding as follows:

" Article 67. Electrical engineering inspector.

The inspector specialized in the regulation of the law on the law of inspectors. "

What? 2.

1. Modified some of the words of the Power Law as follows:

a) Instead of the term "local power development planning" by the phrase "provincial power development planning, the central city of the central city" at 2 Article 10;

b) Replace the term "auxiliary service" with the phrase "auxiliary service price" at the point h 1 Article 21; instead the phrase "service charges" with the phrase "auxiliary service price" at the b point 2 Article 21;

c) Replace the word "charge transmission fee" by the phrase "electrical transmission price" at the point b 1 Article 40;

d) Instead of the "rule of the phrase" the technical norm " at paragraph 4 Articles 11; point b 2 Article 28 paragraph 2 Article 34; point 1 Article 39; point 1 Article 40; point 1 Article 41; point b 1 and point a 2 Article 45; point b 5 and paragraph 6. Article 54; paragraph 7 and paragraph 8 Articles 55; s 1, 2, 3 and 7 Articles 57; paragraph 1 Article 64;

The phrase "technical rule" equals the phrase "technical standard" at paragraph 12 Article 3; paragraph 5 Article 55;

e) Instead of the phrase "Ministry of Industry" by the phrase "Ministry of Commerce" at paragraph 7 Article 3; paragraph 4 Article 10; paragraph 5 Articles 11; paragraph 3 Article 13; paragraph 3 Article 21; point b 1 Article 34; paragraph 1 and paragraph 2 Article 38; paragraph 1 and paragraph 2 Article 56; paragraph 5 Articles 59; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; paragraph 5; Article 61; paragraph 4 Article 64; paragraph 2 and paragraph 3 Article 65.

2. Repeal the word "order" at 1 Article 18; the repeal of point b 1 Article 41; the point of clause 1 Article 66 of the Power Law.

3. Additional from "transparency" following the phrase "Public guarantee" at paragraph 1 Article 17 of the Power Law.

4. Add the phrase "guarantee the rights between the parties but not contrary to the rule of law" in the following phrase "minus the case of the other agreement" at paragraph 1 and paragraph 3 Article 24; at the end of paragraph 2 Article 39, point 2 Article 40 and point c. Paragraph 2 Article 41 of the Power Act.

5. Additional from the "frontier" comes after the phrase "rural, mountainous" at the name of Chapter VIII; the names of Articles 60, 61 and 64; the terms 1, 3 and 4 Articles 60; paragraph 4 Articles 61; 2, 2 and 4 Article 64 of the Power Law.

What? 3.

1. This law took effect from 1 July 2013.

2. The government, the agency with the authority to regulate the details, guidelines for the implementation of the things, the paragraph delivered in the Law.

The law was appointed by the National Assembly of the Socialist Republic of Vietnam XIII, the fourth session through November 20, 2012.

President of Congress.

(signed)

Nguyen Gung Xiong