Chương I Luật điện lực 2004: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1.- Regulation scope

This Law prescribes the electricity development planning and investment; electricity saving; electricity markets; rights and obligations of organizations and individuals conducting electricity activities and using electricity; protection of electric equipment and facilities, electricity works and electric safety.

Article 2.- Subjects of application

This Law applies to organizations and individuals conducting electricity activities, using electricity or engaged in other electricity-related activities in Vietnam. Where the international treaties which the Socialist Republic of Vietnam has signed or acceded to contain provisions different from provisions of this Law, the provisions of such international treaties shall apply.

Article 3.- Term interpretation

In this Law, the following terms shall be construed as follows:

1. Electricity activities mean activities of organizations or individuals in the domains of electricity development planning, investment, electricity generation, electricity transmission, electricity distribution, electric system regulation, electricity market transaction administration, electricity wholesaling and retailing, specialized electricity consultancy and other relevant activities.

2. Electricity units mean organizations or individuals that carry out activities of electricity generation, electricity transmission, electricity distribution, electric system regulation, electricity market transaction administration, electricity wholesaling, electricity retailing, specialized electricity consultancy or other relevant activities.

3. Electricity grids mean systems of electricity transmission lines, transformers and support equipment and facilities for electricity transmission. Electricity grids are classified into transmission grids and distribution grids, depending on their use purposes and operation management.

4. Electricity wholesaling means activities of selling electricity by one electricity unit to another for resale to the third parties.

5. Electricity retailing means activities of selling electricity by electricity units to electricity-using customers.

6. Electricity-using customers mean organizations or individuals that buy electricity for use, not for resale to other organizations or individuals.

7. Big electricity-using customers are those that use electricity with great capacity and output prescribed by the Industry Ministry, suitable to each period of development of the electric system.

8. Electricity price tables mean tables of specific electricity price levels and price brackets applicable to subjects buying and selling electricity under different conditions.

9. Electricity price bracket means the permitted electricity price fluctuation range between the lowest price (floor price) and the highest price (ceiling price).

10. The national electric system means the system of electricity-generating equipment and facilities, electricity grids and support equipment and facilities which are interconnected and uniformly controlled nationwide.

11. Electricity regulation means the impact exerted by the State on electricity activities and electricity markets with a view to supplying electricity safely, stably and qualitatively, using electricity economically and efficiently and ensuring fairness, transparency and law compliance.

12. Electric system regulation means activities of commanding, directing the process of electricity generation, electricity transmission, electricity distribution in the national electric system according to determined technical processes, regulations and operation modes.

13. Electricity market transaction administration means activities of managing and regulating transactions of electricity purchase and sale as well as support services on the electricity markets.

14. Electricity-measuring and counting equipment mean those used for measuring the output, electric energy, electric current, voltage frequency, output coefficients, which include assorted electricity meters and accompanying equipment, accessories.

15. Electricity stealing means acts of illegally taking electricity not through meters, impacting to falsify the readings of electricity meters and other electric equipment related to electricity measurement or counting, deliberately or conniving in wrongly recording the readings of electricity meters, and other acts of fraudulently taking electricity.

16. An electricity work means a combination of means, machinery, equipment, construction structure in direct service of activities of electricity generation, electricity transmission, electricity distribution, electric system regulation, electricity purchase and sale; electricity work-protecting system; electricity grid safety protection corridor; land used for the electricity work and other support works.

Article 4.- Electricity development policies

1. To develop electricity in a sustainable manner on the basis of optimally tapping all resources, satisfying demands for electric energy in service of people's life and socio-economic development with stable quality, safety and economy, civilized services, thus contributing to the maintenance of national defense, security and energy security.

2. To build up and develop the electricity market on the principle of publicity, equality, fair competition with the State's regulation to raise efficiency in electricity activities; to ensure the legitimate rights and interests of electricity units and electricity-using customers; to attract ail economic sectors to participate in activities of electricity generation, electricity distribution, electricity wholesaling, electricity retailing and/or specialized electricity consultancy. The State holds monopoly in activities of transmission, national electric system regulation, construction and operation of big power plants of particularly important socio-economic, defense or security significance.

3. To apply scientific and technological advances to electricity activities and use with a view to saving, raising the efficiency of using various energy sources, protecting the ecological environment.

4. To step up the exploitation and use of sources of new energies, renewable energy for electricity generation.

Article 5.- International cooperation in electricity activities

To expand international cooperation and international economic integration regarding electricity activities on the basis of respect for each other’s national independence and sovereignty and mutual benefits. The State encourages and creates favorable conditions for foreign organizations and individuals to participate in electricity activities in Vietnam; domestic organizations and individuals to cooperate with foreign organizations and individuals, international organizations in electricity activities.

Article 6.- Electricity legislation propagation, dissemination and education

1. The ministries, ministerial-level agencies, Government-attached agencies, the People’s Committees at all levels, electricity units shall, within the scope of their responsibilities, coordinate with mass media agencies and schools in organizing the electricity legislation dissemination and education, guiding people to use electricity safely, thriftily and efficiently and strictly observe law provisions on electricity.

2. Vietnam Fatherland Front and its member organizations shall, within the scope of their responsibilities, coordinate with the agencies performing the state management over electricity activities and use in propagating and mobilizing people to use electricity safely, economically and efficiently and to strictly observe the law provisions on electricity.

Article 7.- Prohibited acts in electricity activities and electricity use

1. Destroying electrical equipment and facilities, electricity-measuring or counting equipment or electricity works.

2. Conducting electricity activities without permits as provided for by this Law.

3. Switching on, switching off electricity supply illegally.

4. Violating the regulations on safety in electricity generation, transmission, distribution and use.

5. Obstructing the inspection of electricity activities and use.

6. Stealing electricity.

7. Using electricity as animal traps or protection means, except for cases prescribed in Article 59 of this Law.

8. Violating the regulations on protection of electricity grid safety corridors, on safe distances of transmission tines and transformer stations.

9. Supplying untruthful information, thus causing harms to the legitimate rights and interests of organizations or individuals conducting electricity activities or using electricity.

10. Abusing positions and/or powers to harass for bribes, cause troubles, earn illicit profits in electricity activities and/or electricity use.

11. Other acts of violation prescribed by electricity legislation.