Chương VI Luật điện lực 2004: Quyền, nghĩa vụ của đơn vị điện lực và khách hàng sử dụng điện

Chapter VI

RIGHTS AND OBLIGATIONS OF ELECTRICITY UNITS AND ELECTRICITY-USING CUSTOMERS

Article 39.- Rights and obligations of electricity-generating units

1. The electricity-generating units shall have the following rights:

a) To conduct electricity- generating activities and other activities according to their electricity activity licenses;

b) To connect to national electric systems when satisfying the technical conditions and criteria;

c) To sell electricity to electricity buyers according to termed contracts and offer electricity prices for spot dealing on the electricity markets;

d) To be supplied with necessary information on electricity generation;

dd) To propose competent state agencies to amend, supplement regulations, criteria and techno-economic norms in service of electricity-generating activities;

e) Other rights prescribed by law.

2. The electricity-generating units shall have the following obligations:

a) To abide by the processes and regulations on operation of power plants, electricity grids;

b) To abide by the operation modes, commanding orders and direction of the national electric system-regulating unit.

c) To handle incidents;

d) In case of dangers threatening human lives and equipment safety, to cease or reduce the electricity generation if there is no other alternative;

dd) To abide by the provisions of this Law on the electricity markets and other relevant law provisions;

e) To report on the electricity generation readiness, the output reserve, the implementation of mode of operation of power plants at requests of the national electricity system-regulating unit, the electricity market transaction-administering unit, the electricity-regulating agency or competent state bodies;

g) To comply with the law provisions on environmental protection in electricity-generating activities;

h) To promptly notify the national electric system-regulating unit and relevant organizations as well as individuals of electricity generation incidents upon their occurrence;

i) To invest in transformer stations, meters and transmission lines to meters for electricity buyers, unless otherwise agreed upon with the electricity- transmitting units, electricity-distributing units or electricity buyers;

k) Other obligations prescribed by law.

Article 40.- Rights and obligations of electricity-transmitting units

1. The electricity-transmitting units shall have the following rights:

a) To conduct electricity-transmitting activities according to their electricity activity licenses;

b) To elaborate and submit for approval the electricity transmission charges;

c) To be supplied with necessary information on electricity-transmitting activities;

d) To propose competent state bodies to amend, supplement regulations, standards, techno-economic norms in service of electricity-transmitting activities;

dd) Other rights prescribed by law.

2. The electricity-transmitting units shall have the following obligations:

a) To ensure the safe, stable and reliable operation of the electricity grids and electricity transmitting equipment;

b) To ensure the provisions of transmission services as well as support services for the concerned parties, except where the electricity grids are overloaded under certification by the electricity-regulating agency;

c) To comply with the operation modes, commanding orders and directions of the national electric system-regulating unit;

d) To handle incidents;

dd) In case of danger threatening human lives and equipment safety, to cease or to request the national electric system-regulating unit to reduce the transmitted load, if there is no other alternative;

e) To draw up plans for investment in development of the electricity transmission grids and invest in the development of electricity transmission grids to satisfy the electricity transmission demands under the electricity development plannings; to invest electricity-measuring or -counting equipment as well as support equipment, unless otherwise agreed upon with electricity-generating units, electricity-distributing units or electricity-using customers;

g) To report on transmission readiness, the reserve capacity of electricity-transmitting equipment at requests of the national electric system-regulating unit, the electricity market transaction-administering unit, the electricity-regulating agency or competent state bodies;

h) To promptly notify the national electric system-regulating unit and the concerned organizations and individuals of electricity transmission grid incidents upon their occurrence;

i) Other obligations as prescribed by law.

Article 41.- Rights and obligations of electricity-distributing units

1. The electricity-distributing units shall have the following rights:

a) To conduct electricity-distributing activities and other activities according to their electricity activity licenses;

b) To elaborate and submit for approval the electricity distribution charges;

c) To enter the areas under electricity buyers' management to operate, maintain, repair or replace electric equipment of electricity-distributing units;

d) To be supplied with necessary information on electricity-distributing activities;

dd) To propose competent state agencies to amend, supplement regulations, standards, techno-economic norms in service of electricity-distributing activities;

e) Other rights prescribed by law.

2. The electricity-distributing units shall have the following obligations:

a) To ensure the safe, stable and reliable operation of the electricity grids and electricity-distributing equipment;

b) To ensure the provision of electricity distribution services for electricity-using customers, electricity-retailing units, electricity-wholesaling units up to the technical standard, service quality and safety requirements under contracts, except where the electricity distribution grids are overloaded under certifications by the electricity-regulating agency;

c) To draw up plans for investment in the development of electricity distribution grids and to invest in the development of electricity distribution grids to meet the electricity demands under electricity development plannings; to invest meters and transmission lines to meters for electricity buyers, unless otherwise agreed upon with the electricity buyers;

d) To implement the national target programs on management of electricity demands;

dd) To abide by the operation modes, commanding orders and direction by the national electric system-regulating unit;

e) To report on operation readiness, reserve capacity of electricity grids and electricity- distributing equipment, electricity using demands in their respective areas of activity at requests of the national electric system-regulating unit, the electricity market transaction-administering unit, the electricity-regulating agency or competent State bodies;

g) To handle incidents;

h) In case of danger threatening human lives and equipment safety, to cease or reduce the electricity distribution if there is no other alternative;

i) To restore the electricity supply within 2 hours after the detection of incidents or receipt of reports from the electricity buyers; in case of being unable to fulfill this within the above time limit, to immediately notify the electricity buyers of the causes and the estimated time for electricity supply resumption;

k) Other obligations prescribed by law.

Article 42.- Rights and obligations of the

1. The national electric system-regulating unit shall have the following rights:

a) To command and direct the electricity-generating units, electricity-transmitting units, electricity-distributing units in implementing the modes of operating the national electric system;

b) To adjust plans, modes of mobilizing capacities of power plants;

c) To command the handling of emergency or abnormal circumstances in the national electricity system; to mobilize capacities and outputs of power plants in the national electric system; to command the operation of electricity transmission grids and electric distribution grids; to cease or reduce electricity supply in case of danger threatening the safe, reliable operation of the national electric system;

d) To request relevant electricity units to supply information on technical properties, readiness to participate in operation and load carriage of electricity-generating, - transmitting or-distributing equipment; electricity demands of customers in order to determine the modes of operation of the national electric system;

dd) Other rights prescribed by law.

2. The national electric system-regulating unit shall have the following obligations:

a) To ensure safe, stable and economical operation of the national electric system;

b) To the national electric system frequency standards and voltages on the national electricity transmission grids;

c) To abide by the stipulations on the national electric system regulation in the electricity markets, transmission grids and the instructions of the electricity-regulating agency, the electricity market in mobilization of capacity and electric output of electricity-generating units in the national electric system;

d) To formulate and implement modes of operating the national electric system based on plans, modes of mobilizing capacities of power plants and support services publicized by the electricity market transaction-administering unit;

dd) To notify the mobilized capacities, outputs and support services to the electricity market transaction-administering unit for the latter to make payment invoices;

e) To report in time to the electricity-regulating unit on, and to notify the electricity market transaction-administering unit of, emergency or abnormal circumstances seriously threatening the safe and reliable operation of the national electric system;

g) Other obligations prescribed by law.

Article 43- Rights and obligations of electricity-wholesaling units

1. The electricity-wholesaling units shall have the following rights:

a) To conduct electricity wholesaling and other activities according to their electricity activity licenses;

b) To purchase electricity directly from electricity-generating units under termed contracts or conduct electricity spot dealing on the electricity markets;

c) To set the electricity-wholesaling prices within the approved electricity wholesaling price brackets to compete for electricity purchase, sale on the electricity markets;

d) To use electricity transmission, distribution services suitable to each grade of the electricity markets;

dd) To enter areas under the electricity buyers' management to check electricity meters, inscribe figures indicated by meters and contact customers;

e) To be supplied with necessary information on electricity-wholesaling activities;

g) Other rights prescribed by law.

2. The electricity-wholesaling units shall have the following obligations:

a) To self electricity strictly according to the quantity, quality and at prices agreed upon in contracts;

b) To comply with this Law's provisions on the electricity markets and other relevant law provisions;

c) To pay compensations when causing damage to electricity buyers or electricity sellers according to law provisions;

d) To supply necessary information on wholesaled electricity volumes at requests of the national electric system-regulating unit or competent state bodies;

e) Other obligations prescribed by law.

Article 44.-Rights and obligations of electricity-retailing units

1. The electricity-retailing units shall have the following rights:

a) To conduct electricity-retailing activities according to their electricity activity licenses;

b) To compete for electricity purchase and sale on the electricity markets;

c) To set competitive electricity-retailing prices on the market within the electricity price bracket of the electricity-retailing price table approved by the Prime Minister, except for the cases prescribed in Clause 2, Article 62 of this Law;

d) To use electricity transmission or distribution services suitable to each grade of the electricity market;

dd) To enter areas under the electricity buyers' management to check electricity meters, record the readings of meters and to contact customers;

e) To be supplied with necessary information on electricity-retailing activities;

g) Other rights prescribed by law.

2. The electricity-retailing units shall have the following obligations:

a) To sell electricity strictly according to the volume, quality and at prices agreed upon in contracts;

b) To comply with this Law's provisions on the electricity markets and other relevant law provisions;

c) To formulate and submit to the provincial-level People's Committees for approval the daily-life electricity-retailing prices for rural areas, mountainous regions, islands, where the electricity production and supply under the market mechanism cannot offset the expenditures incurred by electricity-retailing units;

d) To post up at their offices and transaction places the approved electricity price tables; the documents guiding the procedures for electricity supply, measurement, counting, inscription of meter figures, invoice making, electricity charge collection and termination of electricity services; the license contents and technical criteria applicable to organizations or individuals licensed for electricity-retailing activities; the documents on time and necessary expenses for electricity supply to new customers with connection to the electric system; the regulations on electricity supply cessation or reduction according to Article 27 of this Law;

dd) To guide the electric safety for electricity-using customers;

e) To pay compensations for damage caused to electricity buyers or electricity sellers according to law provisions;

g) To supply necessary information on the retailed electricity volumes at requests of competent state bodies;

h) Other obligations prescribed by law.

Article 45.-Rights and obligations of specialized electricity consultancy units

1. The specialized electricity consultancy units shall have the following rights:

a) To conduct consultancy activities according to electricity activity licenses;

b) To propose competent state bodies to amend, supplement regulations, standards, techno-economic norms in service of specialized electricity consultancy activities;

c) To request relevant agencies to supply necessary information in accordance with law provisions in service of specialized electricity consultancy activities;

d) To cooperate with foreign organizations, individuals in the field of specialized electricity consultancy;

dd) Other rights prescribed by law.

2. The specialized electricity consultancy units shall have the following obligations:

a) To apply Vietnam's regulations, standards, techno-economic norms related to electricity planning, construction investment consultancy. In case of applying foreign regulations and standards, the competent state agencies' approval is required;

b) To apply advanced calculating technologies and methods in order to formulate electricity development planning projects and dossiers, documents on investment in construction of electricity works suitable to the requirements of modernization in the field of electricity generation, electricity transmission, electricity distribution, in order to raise the economic efficiency and ensure safety and high reliability in investment in construction of electricity works,"

c) To bear responsibility for quality of products and/or services already provided;

d) Other obligations prescribed by law.

Article 46.- Rights and obligations of electricity-using customers

1. The electricity-using customers shall have the following rights:

a) To select the electricity sellers in the competitive electricity-retailing market;

b) To be supplied with adequate electricity volume, output, be assured of electricity quality, already agreed upon in contracts;

c) To request the electricity sellers to promptly restore the electricity supply after blackouts;

d) To be supplied with, or briefed on, information related to electricity trading and the guidance on electric safety;

dd) To be compensated for damage caused by the electricity sellers according to law provisions;

e) To request the electricity sellers to check the electricity service quality, the precision of electricity-measuring or -counting equipment, the payable electricity charges;

g) To complain about, denounce acts of violating legislation on electricity by electricity sellers;

h) Other rights prescribed by law.

2. The eiectricity-using customers shall have the following obligations:

a) To pay electricity charges fully and on time and to fulfill other agreements in electricity trading contracts;

b) To use electricity safely, thriftily and efficiently; to comply with regulations on management of electricity demands;

c) To promptly switch off electricity supply or reduce the electricity consumption level upon receipt of notices of the electricity sellers in the cases prescribed in Article 27 of this Law;

d) To notify the electricity sellers five days in advance of their need to temporarily cease their electricity use, fifteen days in advance of their wish to terminate the electricity purchase and sale contracts;

dd) To promptly notify the electricity sellers of abnormal phenomena upon detection thereof, which may cause blackouts, unsafety to people and properties;

e) To create conditions for electricity sellers to check the meters, inscribe figures indicated on meters and contact customers;

g) To ensure the technical standards and safety requirements of electrical appliances;

h) To pay compensations for damage caused to electricity sellers according to law provisions;

i) To be responsible for investing in transmission lines from meters' outlets to electricity-using places;

k) Other obligations prescribed by law.

Article 47.- Rights and obligations of big electricity-using customers

1. The big electricity-using customers shall have the following rights:

a) The rights prescribed in Clause 1, Article 46 of this Law;

b) To buy electricity directly from electricity-generating units through termed contracts or spot dealings on the electricity market;

c) To be entitled to direct connection to national electricity transmission grids.

2. The big electricity-using customers shall have the following obligations:

a) The obligations prescribed in Clause 2, Article 46 of this Law;

b) To follow the electricity-using regime at the request of national electric system-regulating unit, to apply measures to ensure the voltage standards, electric safety and other contents agreed upon in the electricity-trading, electricity-transmitting contracts;

c) To ensure the technical standards and safety requirements of electrical appliances and connected equipment for connection to national electricity transmission grids;

d) To abide by the operational orders of the national electric system-regulating unit.