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Decision 39/2005/qđ-Bcn: About Issuing Regulations On The Conditions, The Sequence And Procedures To Stop, Reduce The Level Of Electricity Supply

Original Language Title: Quyết định 39/2005/QĐ-BCN: Về việc ban hành Quy định về điều kiện, trình tự và thủ tục ngừng, giảm mức cung cấp điện

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The decision on issuing regulations on the conditions, the sequence and procedures to stop, reduce the level of electricity supply _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ MINISTER 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 detailing and guiding the implementation of some articles of the law on electricity;
Pursuant to Decree No. 55/2003/ND-CP dated May 28, 2003 of the Government functions, tasks, powers and organizational structure of the Ministry of industry;
At the suggestion of the Director of Legal Affairs, Director of the industrial safety engineering and electricity regulatory Bureau Chief, DECIDES: 1. Attached to this decision regulates the conditions, procedure and sequence stops, reducing the level of electricity supply.
Article 2. This decision takes effect 15 days from the date The quote and replace decision No 52/2001/QĐ-BCN on 12 November 2001 of the Minister of industry on the regulation on the order and the procedures to stop power supply.
Article 3. Chief of the Department, the Chief Inspector, the Director, Bureau Chief of the Ministry, General Director of electricity of Vietnam Corporation, Director of the Department of industry of the province, central cities, heads of agencies, relevant units responsible for the implementation of this decision.

 



Ministers (signed) Hoang Trung Hai REGULATIONS about the conditions, procedure and sequence stops, reducing the level of power supply (attached to decision No. 39/2005/QĐ-BCN on December 23, 2005 of the Minister of industry) chapter I GENERAL PROVISIONS article 1. The scope and the object of applying this regulation regulates the procedures to stop, reduce the level of electricity supply and applied for the power unit and customers using electricity during power operation.
Article 2. Explanation of terms In this regulation the terms below are interpreted as follows: stop, reduce the level of electricity supply due to unforeseen events is stopped, reducing the level of power supply in case of events occurring objectively that the seller can not control the power, could not foresee, and could not be avoided despite all necessary remedies applied in the ability to allowed.
Reduce the level of electricity supply is reducing supply capacity, power output versus peak output, agreed in the contract for the sale of electricity due to lack of system resources, or overloaded.
Customers using electricity is important to the customer in an not restricted when lack of power are the people's committees of the province, the city of centrally determined base on the importance of political, social, security and defense.
Article 3. Notice to discontinue, reduce power level 1. All cases stop, reduce the level of electricity supply, the seller must notify the buyer power of electricity, except where the provisions of article 5 of this regulation.
2. Content of notice to stop power supply or reduce the level of the included power supply: a power supply or stop locations) reduce the level of electricity supply.
b) reasons to stop power supply or reduce the level of electricity supply.
c) start time stop the power supply or reduce the level of electricity supply.
d) expected time close the power back or secure the power supply to normal levels.
Notice to discontinue, reduce the level of electricity supply is made on the mass media using one of the forms: text, radio, telephone, fax, electronic mail (email) due to the two parties to the agreement and included in your purchase contract.
The power unit's sign announcing stops, reducing the level of electricity supply is representative or person authorized under the provisions of the law.
Chapter II the CASE STOPPED, LOWERING the LEVEL of ELECTRICITY SUPPLY article 4. Stop, reduce the level of emergency power supply vendors are stopped, lowering the level of emergency power supply in the following circumstances: 1. Stop, reduce the level of electricity supply according to the plans of the party selling electricity when in need of repair, maintenance, overhaul, electrical works, construction, limiting the load due to the lack of electricity and other needs, according to the plan.
2. stop the power supply at the request of the organizations and individuals involved in the case to ensure a safe service of construction works.
3. To stop the power supply level reduction according to the request of the buyer.
Article 5. Stop, reduce the level of emergency sell-party power supply power to stop, reduce the level of emergency power supply in the following circumstances: 1. Because the incident occurred in the electrical system.
2. Risk of causing trouble, take serious safety for people, equipment and electrical systems.
3. Due to the lack of capacity led to threaten the safety of the electrical systems.
4. infringement by third parties lobby the grid causes the problem that the seller uncontrolled power.
5. Due to unforeseen events.
Article 6. Stop the power supply by the Organization, individuals violating the provisions of the law on the operations of electricity and use electricity When the Organization, individuals are violations of the provisions of the law on the operations of electricity and use electricity, the seller was terminated in the following cases: 1. Breach of clause 1 , clause 4, clause 5, clause 6, clause 7 and clause 8 article 7 of the law on electricity.
2. The client is not done properly the provisions in point a and point b item 2 Article 46, point b and point c of paragraph 2 to article 47 of the law on electricity.
3. At the request of the competent State agencies about sanctioning administrative violations in the field of electric power.
Chapter III The ORDER To STOP, REDUCE The LEVEL Of ELECTRICITY SUPPLY

Article 7. The order to stop, reduce the level of emergency power supply 1. In the case of stop, reduce the level of emergency power supply, the seller must notify the buyer of electricity power to know in advance the time of stops, reducing the level of electricity supply at least five days, using the form: a) Send text or by other notification forms were the two sides agreed in the contract for the client to use the average power over 100,000 kWh/month and use the critical power know;
b) reported on the mass media for the Organization, individuals use your rest.
2. Upon notification cease, decrease the level of electricity supply, the seller your conduct cease, decrease the level of electricity supply in accordance with the notification content.
3. The buyer has asked to change the stop time, reduce the level of electricity supply must exchange with the seller before the power stopped, lowering the level of electricity supply at least 48 hours. The seller has the responsibility to consider the reasonable resolution, proposed by the buyer.
If the stop, reduce electricity supply cannot be delayed, the seller still be stopped, lowering the level of electricity supply according to plan but must report back to the buyer of electricity before 24 hours compared to the stop point, reduce the level of electricity supply has announced.
The case accepted the change of time or delayed stop, reduce the level of electricity supply, the seller must inform the buyer power before 24 hours compared to the stop point, reduce the level of electricity supply was reported, except in cases of force majeure.
4. After conducting stops, reducing the level of electricity supply, the seller must keep full power time, content, operation sequence stops, reducing the level of electricity supply to the task log book or diary.
5. The seller must return power levels according to the time announced. The case of the term power supply back been slow compared with the time limit was announced from 1 hour or more, the seller is notified by phone for customers using mobile average over 100,000 kWh/month and customers using electric power supply time critical back.
6. The power supply or back stop for the case prescribed in clause 2 and clause 3 in article 4 of this regulation only proceed once the parties stop power supply has enough power to the seller paid the costs relating to the stop and power supply back.
Article 8. Stop, reduce the level of emergency power supply in the event of one of the circumstances specified in article 5 of this regulation, by the electric sale has the right to discontinue, reduce the level of the emergency power supply, then do the following: 1. Determine the cause, scope of influence, the expected time power supply back.
2. within 24 hours, inform the customer in the form of announcements were the two sides agreed in the contract for the content specified in paragraph 1 of this article to customers using mobile to know.
3. Write full time, the cause of the incident, operation sequence stop power supply into a log or diary.
4. In coordination with the relevant parties to urgently resolve to give the power back in the fastest time.
Article 9. Order and procedure of providing electricity by organizations, individuals violating the rule of law and power operations and power usage When the Organization, individuals are a violation of the provisions of article 6 of this regulation, by the electric sale formed thereon (except in cases of violation of art. 2 Article 46 power Law) and make the stop power supply according to the process the following order: 1. in case of violation of the provisions of paragraph 1 of article 6 of this Regulation: a) the breach of clause 1, item 4, item 5, clause 7 and clause 8 article 7 electricity Law if not yet to the point of having to stop the emergency power supply, the seller of electricity sent notice to stop power supply to customers before 24 hours compared to the time of stopping power. If the duration on that client does not implement the requirements stated in the minutes of the seller are providing power as the time was recorded in the message to stop power supply.
b) case deliberately delaying the implementation of the request was recorded in the minutes, then after stopping power supply, the seller wire the entire record for State management bodies of power operations and use local power to handle according to the provisions of the law.
c) violates clause 6 article 7 electricity Law (the theft of electricity in any form), the seller of electricity power supply stop execution immediately, then report to state regulators about power operations and use your locally known.
2. in case of violation of rules regarding payment of electricity in paragraph 6 to article 23 of the law on electricity: a) the customer has not yet paid the money and there is no agreement on the back pay, was the seller of electricity notified 3 times then after fifteen days from the date of the first notice, the seller has the right to stop power power supply.
b) clients require the agreement and seller approval power on back pay if the duration of the agreement on which the buyer paid back the electricity still had not paid sufficient amounts of debt, the seller has the right to stop power power supply.
c) When done to stop power supply power seller must announce the time stop power supply to the buyer before the 24-hour electricity and do not take responsibility for damage caused by stopping the power supply cause.

3. in case the buyer power violated the provisions in clause 2 (except for breach of payment of electricity) and paragraph 3 article 6 of this regulation, by the electric sale notice to stop power supply to the buyer of electricity before 24 hours compared to the time-stop power supply; Cases of violations of administrative violation signs the transfer of records to the State management bodies of local power to handle according to the provisions of the law.
4. The power supply back on only after the buyer has fully implemented the decision to handle the Agency's authority and has paid the costs of power supply and stop back to the seller.
Chapter IV IMPLEMENTATION article 10. The responsibility of the seller of electricity 1. When stopped, lowering the level of electricity supply and close the power back, on the sale of electricity to make the correct sequence, procedure is prescribed in the rules, processes, digital safe electrical current and in this regulation.
2. The seller of electricity that violations of this regulation depending on the nature and extent of the violation will be punished, the sanctioned administrative offense or being prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 11. Responsible for guiding, inspecting the implementation of the regulation the Agency performs the functions of State management on the operations of electricity and electricity use in The industry and the responsible local dissemination, guide, examine the implementation of this regulation.
Article 12. Responsible for enforcement of the seller and the individual organization concerned is responsible for implementing this regulation seriously.
In the process if there are obstacles, promptly report the Ministry of industry to consider and resolve.