Chương III Nghị định 08/2018/NĐ-CP: Lĩnh vực điện lực

Chapter III

ELECTRICITY

Article 6. Amendments to certain articles and clauses of the Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 specifying implementation of certain articles of the Law on Electricity and the Law on Amendments to certain articles of the Law on Electricity (hereinafter referred to as “Decree No. 137/2013/ND-CP”)

1. Point a Clause 1; Points b and dd Clause 2 and Clause 5 Article 3 are amended as follows:

“1. The Ministry of Industry and Trade shall:

a) Carry out state management on power development planning; instruct or approve annual/medium-term plans for investment in power development (including plans for development of power sources and 500 kV/200 kV/100 kV grids) on the basis of approved national power development planning;

2. People’s Committees of provinces/central-affiliated cities (hereinafter referred to as "People’s Committees of provinces”) shall:

b) Provide the land fund in land use planning in their provinces for power projects in power development planning;

dd) Assess annual results and impacts of implementation of power development planning in their provinces and report them to the Ministry of Industry and Trade.

5. The Ministry of Finance shall take charge or cooperate with the Ministry of Industry and Trade in imposing annual funding for fulfillment of the responsibilities mentioned in Points d and dd Clause 1 and Point dd Clause 2 this Article.

2. Certain contents of Article 29 are amended as follows:

"Article 29. Requirements for licensing electricity generation

a) The terms: “The organization registering for electricity generation, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for electricity generation shall satisfy the following conditions:”.

b) Clause 1 Article 29 is amended as follows:

“1. Have projects on construction of power stations in compliance with approved power development planning. Construction works of power stations are built or installed under approved designs, tested or commissioned".

3. Certain contents of Article 30 are amended as follows:

a) The terms: “The organization registering for electricity transmission, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for electricity transmission shall satisfy the following conditions:”.

b) Clause 1 Article 30 is amended as follows:

“1. Have technological equipment, power lines and substations that are built or installed in accordance with approved technical designs; tested or commissioned; have fire safety systems satisfying requirements”.

4. Certain contents of Article 31 are amended as follows:

a) The terms: “The organization registering for electricity distribution, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for electricity distribution shall satisfy the following conditions:”.

b) Clause 1 and Clause 2 Article 31 are amended as follows:

“1. The organization has technological equipment, power lines and substations that are built or installed, tested or commissioned; has fire safety systems satisfying requirements.

2. Technicians have at least bachelor's degrees in electrical engineering and at least 3-year experience of working in the field of electricity distribution. Operators are trained in electricity engineering or have certificates of training therein issued by vocational training centers, have operating procedures and safety regulations tested.”

5. Article 32 is amended as follows:

“Organizations established under regulations of law and registering for electricity wholesaling shall satisfy the following conditions: Electricity wholesalers have at least bachelor’s degrees in electricity engineering, economics, finance or equivalent majors and at least 5-year experience of working in the field of electricity sale and purchase.

Organizations satisfying conditions for electricity wholesaling shall be entitled to import and/or export electricity”.

6. Certain contents of Article 33 are amended as follows:

a) The terms: “Organizations and individuals registering for electricity retailing, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “Organizations established under regulations of law and individuals registering for electricity retailing shall satisfy the following conditions:”.

b) Clause 1 Article 33 is amended as follows:

“1. Electricity retailers have at least intermediate degrees in electrical engineering, economics, finance or equivalent majors and at least 3-year experience of working in the field of electricity sale and purchase”.

7. Article 38 is amended as follows:

"Article 38. Electricity-related consulting services

1. Electricity-related consulting services include: Consulting on investment in electrical construction works (excluding planning projects or electrical works bidding) and consulting on supervision of electrical works (including hydroelectric power stations, thermal power stations, power lines and substations).

2. Provision of electricity-related consulting services shall only apply to construction works directly related to electricity or construction works applied under regulations of law on construction.

3. Ranking of scales of electricity sources and grids serving electricity-related consulting services shall be stated in the following table:

4. Power stations using renewable energy in the principle of using water energy, wind energy and solar energy shall be ranked and be entitled to apply to licensing conditions for electricity-related consulting services same as those for hydroelectric power stations.

5. Power stations using renewable energy in the principle of conversion from thermal energy shall be ranked and be entitled to apply to licensing conditions for electricity-related consulting services same as those for thermal power stations”.

8. Certain contents of Article 39 are amended as follows:

a) The terms: “The organization registering for providing consulting services for construction of hydroelectric power stations, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for providing consulting services for construction of hydroelectric power stations shall satisfy the following conditions:”.

b) Clause 3 and Clause 6 Article 39 are amended as follows:

“3. The organization has the staff of consulting experts with primary consulting experts having at least bachelor's degrees in electrical engineering, hydroelectric engineering, irrigation engineering, geological engineering, environmental engineering or equivalent majors, at least 5-year experience of working in the field of consulting and designing at least one project on hydroelectric power station with equivalent capacity and having suitable construction certificates.

6. The organization has the number of primary consulting experts under the following ranking of hydroelectric works:

1^st rank: at least 25 experts;

2^nd rank: at least 20 experts;

3^rd rank: at least 15 experts;

4^th rank: at least 10 experts”.

9. Certain contents of Article 40 are amended as follows:

a) The terms: “The organization registering for providing consulting services for construction of thermal power stations, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for providing consulting services for construction of thermal power stations shall satisfy the following conditions:”.

b) Clause 3 and Clause 6 Article 40 are amended as follows:

“3. The organization has the staff of consulting experts with primary consulting experts having at least bachelor's degrees in electrical engineering, thermal power engineering, geological engineering, environmental engineering or equivalent majors, at least 5-year experience of working in the field of consulting and designing at least one project on the thermal power station with equivalent capacity and having suitable construction certificates.

6. The organization has the number of primary consulting experts under the following ranking of thermal works:

1^st rank: at least 20 experts;

2^nd rank: at least 10 experts”.

10. Certain contents of Article 41 are amended as follows:

a) The terms: “The organization registering for providing consulting services for construction of power lines and substations, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for providing consulting services for construction of power lines and substations shall satisfy the following conditions:”.

b) Clause 3 and Clause 6 Article 41 are amended as follows:

“3. The organization has the staff of consulting experts with primary consulting experts having at least bachelor's degrees in electrical engineering, electrical system, electrical equipment, automation, environmental engineering or equivalent majors, at least 5-year experience of working in the field of consulting and designing at least one project on power lines and substation with equivalent voltage and having suitable construction certificates.

6. The organization has the number of primary consulting experts under the following ranking of power lines and substation works:

1^st rank: at least 20 experts;

2^nd rank: at least 15 experts;

3^rd rank: at least 10 experts;

4^th rank: at least 05 experts”.

11. Certain contents of Article 42 are amended as follows:

a) The terms: “The organization registering for providing consulting services for construction supervision of hydroelectric power stations, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for providing consulting services for construction supervision of hydroelectric power stations shall satisfy the following conditions:”.

b) Clause 3 and Clause 6 Article 42 are amended as follows:

“3. The organization has the staff of consulting experts with primary consulting experts having at least bachelor's degrees in electrical engineering or equivalent majors, at least 5-year experience of working in the field of consulting and designing at least one project on the hydroelectric power station with equivalent capacity and having suitable construction certificates.

6. The organization has the number of primary consulting experts under the following ranking of hydroelectric works:

1^st rank: at least 20 experts;

2^nd rank: at least 17 experts;

3^rd rank: at least 12 experts;

4^th rank: at least 8 experts”.

12. Certain contents of Article 43 are amended as follows:

a) The terms: “The organization registering for providing consulting services for construction supervision of hydroelectric power stations, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for providing consulting services for construction supervision of hydroelectric power stations shall satisfy the following conditions:”.

b) Clause 3 and Clause 6 Article 43 are amended as follows:

“3. The organization has the staff of consulting experts with primary consulting experts having at least bachelor's degrees in electrical engineering, geological engineering, economics, finance or equivalent majors, at least 5-year experience of working in the field of consulting and designing at least one project on the thermal power station with equivalent capacity and having suitable construction certificates.

6. The organization has the number of primary consulting experts under the following ranking of thermal works:

1^st rank: at least 20 experts;

2^nd rank: at least 15 experts”.

13. Certain contents of Article 44 are amended as follows:

a) The terms: “The organization registering for providing consulting services for construction supervision of power lines and substations, apart from the general conditions mentioned in Article 28 herein shall satisfy the following conditions:” is amended as follows: “The organization established under regulations of law and registering for providing consulting services for construction supervision of power lines and substations shall satisfy the following conditions:”.

b) Clause 3 and Clause 6 Article 44 are amended as follows:

“3. The organization has the staff of consulting experts with primary consulting experts having at least bachelor's degrees in electrical engineering, automation or equivalent majors, at least 5-year experience of working in the field of consulting and supervising construction of at least one work of the power lines and substation with equivalent voltage and having suitable construction certificates.

6. The organization has the number of primary consulting experts under the following ranking of power lines and substation works:

1^st rank: at least 20 experts;

2^nd rank: at least 15 experts;

3^rd rank: at least 10 experts;

4^th rank: at least 5 experts”.

Article 7. Annulment of certain articles and clauses of the Decree No. 137/2013/ND-CP

The following articles and clauses of the Decree No. 137/2013/ND-CP are annulled:

1. Clause 3 Article 2.

2. Points a and d Clause 2 Article 3.

3. Article 28.

4. Clause 3 Article 31.

5. Clauses 2, 3 and 4 Article 32.

6. Clauses 2 and 3 Article 33.

7. Articles 34, 35, 36 and 37.

8. Clauses 1, 2 and 4 Article 39.

9. Clauses 1, 2 and 4 Article 40.

10. Clauses 1, 2 and 4 Article 41.

11. Clauses 1, 2 and 4 Article 42.

12. Clauses 1, 2 and 4 Article 43.

13. Clauses 1, 2 and 4 Article 44.

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