The decision on issuing the provisions on the management of investment in building independent power projects _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MINISTER of INDUSTRY pursuant to Decree No. 55/2003/ND-CP dated 28 May 2003 by the Government on the functions, duties, powers and organization of the Ministry of industry;
Pursuant to the law on electricity of 3 December 2004;
Pursuant to Decree No. 105/2004/ND-CP dated 17 August 2005 of the Government mandate the details and guiding the implementation of some articles of the law on electricity;
Pursuant to the provisions of the law on investment, construction and procurement;
At the suggestion of the Director of the energy and oil and gas, the DECISION: article 1. Attached to this decision the provisions on the management of construction projects for independent power.
Article 2. This decision takes effect 15 days from the date The quote and replace decision No 50/2002/QD-BCN dated 25 November 2002 of the Minister of industry issued a regulation on the management of construction projects for independent power.
Article 3. Ministries, ministerial agencies, government agencies, people's committees of provinces and cities under central, heads of agencies, units and individuals concerned is responsible for the implementation of this decision.
Ministers (signed) Hoang Trung Hai regulations on investment management of building independent power projects (attached to decision No. 30/2006/QD-BCN of August 31, 2006 of the Minister of industry) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Chapter 1 GENERAL PROVISIONS article 1. Scope and objects 1. This text rules on the choice of the investor, the preparation of investment projects, due diligence, investment project approval, implementation of the investment project and investment management for independent power projects.
2. This regulation applies to organizations and individuals involved in building independent power project.
Article 2. Independent power project 1. Independent power project (IPP) project is building power source does not use State budget to capital investment, exploitation and sale of electricity under the provisions of the law on electricity.
2. independent power projects are investing through the business-building form-transfer (BOT), build-own-business (BOO) or in other forms prescribed by the law.
Article 3. Independent power project investment 1. The investment in building independent power project should match the electricity development plan was approved by the competent authority. For projects not yet in the master plan must be approved by the competent authority of the planning consent before preparing the investment.
2. the approval authority of electricity development plan was made under the provisions of the law on electricity. For small hydropower development plan, the Ministry of industry approved small hydropower development planning in the country, the provincial people's Committee approval of small hydropower development planning of the province after the agreement of the Ministry of industry.
3. State the independent power project management about the policy, progress and investment scale in accordance with the provisions of the law on construction.
4. the competent authority which allows invests the independent power project made under the provisions of the law on investment management and construction.
Chapter 2 the CHOICE of the INVESTOR, PROJECT PREPARATION and EVALUATION of INVESTMENT PROJECT APPROVAL, article 4. The choice of the owner 1. To ensure the effectiveness and sustainability of the project, the choice of the owner performs independent power projects to be conducted through tender. Bidding order made under the provisions of the law of tenders.
2. After the power development plan, the Ministry of industry plans national electricity development, small and medium hydropower planning nationwide, provincial people's Committee announced the power development plan, the district, small and medium hydropower planning of the province. On the basis of a category called for the independent power project and register of investment organizations, individuals in and outside the country, the Agency has the authority to allow the investment specified in paragraph 4 of article 3 of this regulation tender for the selection of investors and project developers of browser as specified.
3. for special cases such as small scale projects; the project aims to provide electricity to remote areas, the region particularly hard; project has only one investor to subscribe or have other reasonable reasons, the Agency has the authority to allow the investment specified in paragraph 4 of article 3 of this regulation decide the choice of the owner in the form specified bid.
Article 5. Register to join the investment project 1. Organizations and individuals registered to participate in the independent power project investment to investment reports for A team project or report please allow for investment projects of Group B and Group C the competent authorities to allow the deployment of investment research to allow the investment.
2. investment report content, permission, report the investment agency for investment include: a) for A group project: follow the rules about the content of the report under the investment provisions of the law on the management of investment projects in construction.
b) for other projects:-dispatch the owner's proposal to the competent authorities for permission to invest.
-Basic information about the owner: The documentation for legal, business registration, organization chart, key personnel, about the capacity of project implementation experience, financial capacity, technique, in which the need to enumerate the list of projects has made (including industrial projects and power projects) within five years and report/ audit of the business within three years. The owner is responsible for the accuracy of the information on the report.
-Preliminary information regarding the project registration: venue construction; the goal of the project; the main parameters of the scale capacity, capital, operating time, the content relevant to local and sector planning, the expected progress of the project, the amount of compensation, the immigrants, the organization method investments, operations management, sales and delivery of the project (if any).
-Have your approval of Vietnam electricity or wholesale, retail units.
-In case the project is not due to the settlement must have the written approval of the provincial people's Committee.
-The expected capital mobilization to implement the project and committed loans of credit institutions, the Bank.
-Capital of the investor must have a rate of at least 30%. In special cases, the competent authority can look but not below 20%.
3. The time limit for replies by the authority for the owner of the investment report, report, please allow the following investments: a) for A group of projects: within a period of 30 days, the Ministry of industry and Prime report allows investment.
b) remaining projects within 20 days.
4. After the competent authority allows for investment, the investor of the new independent power project in progress the work of establishing investment projects according to the regulations.
5. The content of the projects implemented under the provisions of the law, which connected with the national power system, the measuring equipment, the controls performed under the agreement with Vietnam electricity.
Article 6 evaluation, approval of investment projects 1. Owner, organized the appraisal, the competent agency design basis as prescribed by the law.
2. Authority to appraise base designs such as the following: a) The industry: Group A projects and projects with the main works is from the two provinces.
b) industrial Facility: Group B and C projects.
3. within 30 working days (for A group project) and 20 days (for project groups B and C) from the date of receipt of a valid application, the competent authorities under the provisions of clause 2 of this must have written comments about appraisal results the basic design of the project and inform the owner.
4. content outside the base design appraisal compliance under the current rules, have to assess the safety of the construction, the operation of the works, the solution design and build the dam reservoir (if any).
5. The investor held the appraisal, approval of investment projects and investment decisions on the basis of evaluation results the basic design of the competent bodies.
Chapter 3 INVESTMENT PROJECTS IMPLEMENTATION article 7. Technical design, total 1. Owner, organized the appraisal, approval of the design, engineering, construction drawing design, the total estimate on the basis of the investment project and the rule of law.
2. The owner is allowed only when the project had at least the technical design and construction items arranged financing for the work.
Article 8. Project implementation 1. The investment project must comply with the regulations regarding building permit, the choice of contractors, construction management, project management forms, contracts, payment under the provisions of the law.
2. in the deployment process, the owner needs to have appropriate measures to ensure the progress of the project as agreed, responsibility for safe construction organization and works to ensure the quality of the project.
3. Before putting the project into action, the owner must apply for licensing of electricity under the provisions of the law.
Article 9. Termination of the project 1. After 18 months for projects of Group A, 12 months for Group B, C project since the project was allowed to prepare investment, if the owner is not established and approved investment projects, the Agency has the authority to allow the investment has the right to terminate the project text out to call the owner to another project.
2. After two years since the project was approved for the project group A, after one year for other projects, if the investor does not begin construction works, the competent authority which allows invests can terminate the project text to another owner calling the deployment project.
Chapter 4 MANAGEMENT of Independent POWER PROJECTS 10. Report mode 1. After the reported investment or investment projects, the owner sent a complete project profile (including a A4 paper and electronic version on CD) of the Department of industry and Department of industry to manage, track.
2. During construction, on first week of quarterly, and the first two weeks of the year, the investor must have a report on the situation of implementing the project in the third quarter, Ministry of industry, the Department of industry.
3. During operation of the plant, once the investor must report on the situation of operation and safety the Ministry of industry, the Department of industry to track.
4. The Department of industry is responsible for the synthesis report of independent power projects in the province to report The industry after a week than the stipulated time reported by the owner.
Article 11. The test mode, the monitor 1. The Department of industry is responsible for all of the independent power project in the area of management and monitoring plan must be tested annually to make.
2. Ministry of industry direction and coordination with the Department of industry conduct supervision of independent power projects.
Article 12. The responsibilities of the State administration on the operations of electricity and use 1. Monitor the implementation of the project by the owner.
2. Consider, resolve according to the authority of the owner's recommendations on matters related to the implementation of the project.
3. test, inspection under the provisions of the law.
Chapter 5 article 13 ENFORCEMENT TERMS. The responsibilities of the organizations and individuals who invest in construction of power projects independent of The organization, individuals investing in the construction of independent power projects are responsible for implementing this regulation seriously.
Article 14. Implementation Service energy and petroleum has the responsibility to organize, guide and coordinate with the Department of industry of the province, the central cities to check the implementation of this regulation./.