Chương V Luật điện lực 2004: Giấy phép hoạt động điện lực

Chapter V

ELECTRICITY ACTIVITY LICENSES

Article 32.-Subjects eligible and conditions for granting, amending or supplementing electricity activity licenses

1. Each organization or individual shall be granted a license for conducting electricity activities in one or many forms.

2. Organizations, individuals shall be granted electricity activity licenses, have their electricity operation licenses amended or supplemented when fully satisfying the following conditions:

a) Having feasible projects or schemes for electricity activities;

b) Having valid dossiers of application for the grant, amendment or supplementation of electricity activity licenses;

c) The administrators or managers have the managerial capability and professional qualifications suitable to the fields of electricity activities.

3. Organizations and individuals applying for the grant, amendment or supplementation of electricity activity licenses must pay fees according to law provisions.

4. The Government shall specify the conditions, order and procedures for grant, amendment, supplementation and the term of electricity activity licenses for each form of electricity activity.

Article 33. Dossiers of application for grant, amendment or supplementation of electricity activity licenses

1. The written application for grant, amendment or supplementation of an electricity activity license.

2. The electricity activity project or scheme.

3. The report on assessment of environmental impacts of the electricity activity project already approved by competent state body.

4. The list, curricula vitae, diplomas evidencing the managerial capability, professional qualifications of administrators, managers of the electricity units.

Article 34.-Cases of exemption from electricity activity licenses

1. The following cases shall be exempt from electricity activity licenses:

a) Organizations or individuals invest in the construction of electricity-generating establishments for their own use, not for sale of electricity to other organizations or individuals;

b) Organizations or individuals engaged in electricity generation with the installation capacity below the level prescribed by the industry Ministry;

c) Organizations, individuals dealing in electricity in rural areas, mountainous regions, islands, that buy electricity with output smaller than 50 kVA from the electricity distribution grids for direct sale to electricity-using customers in rural areas, mountainous regions or islands;

d) The national electric system-regulating unit and the electricity market transaction- administering unit.

2. Orqanizations and individuals exempt from electricity activity licenses under the provisions of Clause 1 of this Article must comply with the procedures and regulations on operation management, regulations on electricity prices, technical conditions and safety prescribed in this Law.

3. The provincial-level People's Committees shall have to manage and inspect organizations and individuals engaged in electricity activities prescribed at Points a, b and c, Clause 1 of this Article.

Article 35.- Contents of an electricity activity license

1. Name and head-office address or the organization or individual licensed for electricity activities.

2. Form of electricity activities.

3. Rights and obligations of the organization or individual licensed for electricity activities.

4. Scope of electricity activities.

5. Techniques and technologies used in electricity activities.

6. The term of the electricity activity license.

Article 36.- Time limit for grant, amendment or supplementation of electricity activity licenses

Within thirty working days as from the date of receiving the complete and valid dossiers, the competent state agencies must grant or amend, supplement electricity activity licenses; in case of refusal, they must notify thereof in writing and clearly state the reasons therefor.

Article 37.- Withdrawal of electricity activity licenses

Organizations and individuals shall have their electricity activity licenses withdrawn in the following cases:

1. Failing to deploy activities six months after being granted the electricity activity on licenses;

2. Failing to ensure electricity activity conditions as provided for by this Law;

3. Failing to comply with the contents prescribed in the electricity activity licenses;

4. Leasing, lending or modifying without permission their electricity activity licenses.

Article 38.- Competence to grant, amend, supplement or withdraw electricity activity licenses.

1. The Industry Ministry shall grant electricity activity licenses to electricity-generating, -transmitting, -distributing units with connection to the national electric system, electricity-wholesaling or retailing units, specialized electricity consultancy units,

2. The provincial-level People's Committees shall grant electricity activity licenses to organizations, individuals engaged in small-scale electricity activities within their respective localities under the guidance of the Industry Ministry.

3. The electricity activity-licensing agencies may amend, supplement and withdraw electricity activity licenses. The amendment and supplementation of electricity activity licenses must be compatible with the execution capabilities of the licensed organizations or individuals.

4. The grant of electricity activity licenses for electricity generation, transmission or distribution must conform with the approved electricity development plannings.