Chương II Luật điện lực 2004: Quy hoạch đầu tư phát triển điện lực

Chapter II

ELECTRICITY DEVELOPMENT PLANNINGS AND INVESTMENT

Article 8. Electricity development plannings

1. The electricity development plannings include national electricity development plannings and local electricity development plannings. The electricity development plannings must be elaborated and approved for use as basis for activities of investment in electricity development and be adjusted to suit the socio-economic conditions in each period.

2. The national electricity development plannings shall be formulated on the basis of the national socio-economic development strategy. Each shall be formulated for every ten-year period with the orientations for the next ten years.

3. The local electricity development plannings are the electricity development plannings of the provinces or centrally run cities, covering also the electricity development plannings of rural districts, urban districts, provincial capitals or cities.

The local electricity development plannings shall be formulated on the basis of the local socio­economic development strategies and must be in line with the national electricity development plannings and other relevant plannings. Each local electricity development planning sbaU be eleborated for every five-year period with the orientations for the next five years.

4. All organizations and individuals must abide by the electricity development plannings already approved by competent state bodies.

Article 9.- Formulation, approval and publicization of electricity development plannings

1. The Industry Ministry shall organize the formulation of national electricity development plannings and submit them to the Prime Minister for approval; specify the contents, order and procedures for formulation and appraisal of electricity development plannings; publicize and guide, monitor, inspect the implementation of the approved national electricity development plannings.

2. The People's Committees of the provinces or centrally run cities (hereinafter referred collectively to as the provincial-level People's Committees) shall organize the formulation of local electricity development plannings and submit them to the People's Councils of the same level for adoption before their submission to the Industry Minister for approval; direct the organization of formulation and approval of electricity development plannings of rural districts, urban districts, provincial capitals or cities; publicize and guide, monitor, inspect the implementation of the approved local electricity development plannings.

3. The agencies competent to approve electricity development plannings shall decide on the adjustment of plannings.

Article 10.- Funds for the planning work

1. The central budget shall provide funds for the performance of tasks of formulation, appraisal, publicization and adjustment of national electricity development plannings.

2. The provincial/municipal budget shall provide funds for the performance of tasks of formulation, appraisal, publicization and adjustment of local electricity development plannings.

3. The state shall adopt policies to mobilize other funding sources for the formulation of electricity development plannings.

4. The Finance Ministry shall assume the prime responsibility for, and coordinate with the Industry Ministry in, promulgating the spending norms for formulation, appraisal, publication and adjustment of electricity development plannings.

Article 11- Electricity development investment

1. Electricity development investment must comply with electricity development plannings. Investment projects not yet included in the electricity development plannings shall be executed only when they are so permitted by authorities competent to approve the plannings.

2. The electricity project investors shall have to strictly comply with law provisions on investment, construction and environmental protection.

3. Units engaged in electricity generation, electricity transmission and/or electricity distribution shall have to invest in the construction of transformer stations, electricity meters and electric conductors to electricity meters for electricity sale.

4. Organizations or individuals that build or renovate, expand electricity works must use modern technical equipment and technologies suitable to the branch reouJations and standards as well as Vietnamese standards set by competent state bodies.

5. The Industry Ministry and the provincial-level People’s Committees shall publicize lists of electricity projects calling for investment in each period and the licensed investment projects.

Article 12.- Using land for electricity works

1. Basing themselves on the electricity development plannings and the land-use plannings as well as plans, which have been already approved by competent state bodies, the People's Committees at different levels shall have to arrange adequate land funds for construction of electricity works.

2. When formulating investment projects on electricity works, investors must clearly determine the to be-used land areas and plans on compensations and ground clearance.

3. After the electricity investment projects are approved, the competent state bodies shall decide on land assignment or land lease for investors to execute their projects.

4. The People's Committees at all levels shall, within the scope of their tasks and powers, have to assume the prime responsibility for, and coordinate with the electricity project investors in, formulating and executing the plans on ground clearance, population relocation and resettlement; paying compensations for losses of land and properties; protecting the land areas reserved for the projects and the safety corridors of the electricity works.