Nghị định 14/2014/NĐ-CP hướng dẫn Luật điện lực về an toàn điện

THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIETNAM Independence - Freedom - Happiness ---------------
No.: 14/2014/ND-CP	Hanoi, 26 February, 2014

 

DECREE

STIPULATING IN DETAIL THE IMPLEMENTATION OF ELECTRICITY LAW REGARDING ELECTRICITY SAFETY

Pursuant to the Law on organization of Government dated 25 December 2001;

Pursuant to the Electricity Law dated 03 December 2004 and the Law amending and addition of some articles of the Electricity Law dated 20 November 2012;

At the request the Minister of Industry and Trade,

The Government issues the Decree stipulating in detail the implementation of electricity law regarding electricity safety.

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. Decree stipulates in detail the implementation of electricity law regarding electricity safety, including: Safety in generation, transmission, distribution and use of electricity in production; compensation and assistance of housing, works, land and plants in the safety corridor of overhead power transmission line upon the construction of high-voltage grid.

2. This Decree applies to organizations and individuals involved in electricity activities, electricity use or having other activities related to electricity in Vietnam. Where the international agreements which the Socialist Republic of Vietnam has signed or acceded to have the provisions different from those of this Decree, the provisions of such international agreements shall apply;

Article 2. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. High-voltage electrical works mean the high-voltage grid and the safety corridor of high-voltage grid applicable to the nominal voltage of 6 kV and above.

2. Residential area means the geographical areas with households living concentratedly or with approved planning for households moving in to live. The geographical areas without any households living despite people and vehicles crossing, field areas or planted hills are not called residential areas.

3. Places regularly crowded with people such as markets, squares, hospitals, schools, place of fairs, exhibitions, commercial centers, entertainment areas, wharves, stations, railway stations and other public places.

4. State of maximum deflection of conducting wire is the state of calculation of conducting wire upon simultaneously impacted hardest by the affecting factors such as the current through the wire, ambient temperature or wind load.

Article 3. General provision on safety for electrical equipment and power projects

1. The design and fabrication of equipment of electrical project construction must comply with the technical regulations and standards or international and foreign standards which are applied in Vietnam with the permission of the local competent authorities and must meet the following requirements:

a) Electricity safety;

b) Construction safety ;

c) Safety of technologies using primary energy sources (hydraulic power, coal, oil, natural gas and other forms of energy);

d) Fire and explosion prevention safety;

dd) Regulations on environmental protection.

2. New electrical equipment and power devices domestically produced or imported must have quality certificate or goods label and quality registration consistent with the technical regulations and standards and other relevant regulations of law; must have manual with technical parameters, features, effects and other instructions for the users to prevent electrical incidents and accidents.

Article 4. Prohibited acts

1. Stealing or removing the guy rope, earthing wire and equipment of power grid, climbing on electric poles, entering power stations or safety protection areas of electrical works when not on duty.

2. Using the high-voltage grid for other purposes without the agreement with the management unit of high-voltage grid works.

3. Flying kites or flying objects near high-voltage grid works which may cause incidents to the power grids.

4. Installing receiving and transmitting antenna, hanging wire, scaffolding, billboard, light box and other things at places that may hit the high-voltage power grid works upon collapse or falling.

5. Planting trees or letting trees violate the safety distance for overhead conducting wire or power stations.

6. Shooting birds on wires or power stations or tossing or throwing any object to the wires or power stations.

7. Digging land which may cause subsidence or collapse of high-voltage power grid and power stations.

8. Filling soil or placing materials, equipment or discharging waste in violation of safety distance.

9. Using electric pole or power station as house, tent, shop, animal tying or for other purposes.

10. Blasting or opening mine, placing or containing flammable substances, chemicals capable of causing corrosion or damage to the parts of the grid.

11. Burning fields, using performance vehicles causing shocks or potential damage or incidents to power grid works, power stations or power plants.

12. Controlling the flying vehicles with the distance of less than 100 m to the nearest part of power grid works, except cases where the flying vehicles are on duty of management, maintenance or repair of electric wires permitted under regulation.

13. Letting trees fall onto the electric wires when cutting or trimming trees or cutting trees from abusing the protection or repair of high-voltage grid.

14. Other acts which violate the regulations on safety protection of high-voltage grid.

Chapter 2.

ELECTRICITY SAFETY

Article 5. General requirements for safety in generation, transmission, distribution and use of electricty for production

1. For power plants, stations and conducting wires readily for operation:

a) The owner must have all technical design materials, performance drawing design materials, construction completion materials and other ones under regulations of law on construction and transfer to the operating management unit.

b) The owner of project of power plant, power station, conducting wire must carry out the testing and adjustment of each part and the whole system of equipment in technology line of generation, transmission and distribution of electricity to ensure the compliance with the technical regulations and standards and parameters specified in the approved design. The documents of testing and adjustment must be included in the records of acceptance of each part and the whole project.

2. While operating the overhead conducting wire across residential areas or places regularly crowded with people, the line must not bear load exceeding the prescribed standard and norm.

3. Having all materials on technical regulations and standards for electrical safety; the instructions such as: Procedures, rules and measures to implement the electrical safety regulations at agencies and enterprises on the basis of current technical regulations and standards for electrical safety. Preparing documents, resumé and technical materials related to electrical equipment and organizing the management under regulation.

4. At the operating positions, there must be all procedures: Equipment operation, troubleshooting of electrical incidents; power grid outline, rules of fire prevention and fighting, operation logbook, devices, equipment and means of personal protection, restricted signs, signals and other devices and means under regulation.

5. Assignment of operation, experiment, construction, installation and repair of electrical line or equipment to the employees must ensure the following conditions:

a) Being trained about skills and techniques suitable for industry requirements;

b) Being trained and issued with electrical safety certificate.

6. Using electrical equipment with quality certificate or quality registration label in accordance with technical regulations and standards and other relevant regulations of law.

7. Making and issuing plans for prevention and stoppage of incidents or accidents. In case of electrical incidents or accidents, the necessary measures must be applied quickly to help the victims and mitigate loss of people and assets and then investigating to determine, analyze causes, review and determine responsibility.

8. Organizing or participating in propagation and wide dissemination of electricity safety.

9. Carrying out the statistics and report on electrical incidents and accidents under regulations.

Article 6. Provisions on training and issuance of electricity safety card

1. Employees performing the operation, experiment, construction and repair of electrical line or equipment must be trained in electricity safety and issued with electricity safety card.

2. The training in electricity safety must be once a year with examination and grading of electricity safety.

3. Employers are responsible for organizing the training and issuance of electricity safety card to the employees as stipulated in Clause 1 of this Article. For people who operate and repair electricity in rural and mountainous areas, borders, islands, the issuance of electricity safety card is done in accordance with the provisions in Article 64 of the Electricity Law.

4. The training program must have the following main contents:

a) Procedures for operation and troubleshooting of incidents of electric lines and equipment at the employees’ workplace;

b) Regulations on safety upon inspection, maintenance, repair and experiment of electrical lines and equipment in case of power cut-off or no cut-off;

c) Ways to know and measures to eliminate risks of causing incidents or accidents at workplace and methods of helping electrical victims;

d) Establishment of safe working area;

dd) Features, effect, usage, preservation and regulations on testing (experiment) of safety equipment and working means and devices in accordance with the employee’s work.

e) Practice of contents related to the safety assurance in accordance with the employee’s work.

5. The Ministry of Industry and Trade shall stipulate in detail the training and grading for issuance of electricity safety card.

Article 7. Electric field intensity in power stations with voltage from 220 kV and above

1. The electric field intensity in the areas with people regularly working must ensure the requirements not exceeding 5 kV/m

2. If the electric field intensity is greater than the level specified in Clause 1 of this Article, the regulation on permissible working time in a day and night must be applied as follows:

a) When the employees do not use equipment to prevent the impact of electric field, the working time at the place of electric field is specified in the following table:

Electric field intensity E(kV/m)	< 5	5	8	10	12	15	18	20	20 <E<25	³25
Permissible working time in a day and night (Minute)	No restriction	480	255	180	130	80	48	30	10	0

Electric field intensity with different values in the table, the permissible working time in a day and night is calculated in (50/E - 2) hour.

b) When the employees use the equipment to prevent the impact of electric field, the working time is under the equipment manufacturer’s instructions.

3. The units owning and managing the operation of power station shall measure and formulate the map of electric field intensity over the entire surface area of the station and list it in the central control room of the station.

The map of electric field intensity shall be re-formulated when the power station has one of the changes in the charged part from 220 kV and above as follows:

a) Change of scope of equipment layout;

b) Change of distance between the charged object;

c) Reduction in distance from the charged object to the ground.

Article 8. Handling and controlling the safety for electricity works which are no longer used.

1. The power works, except for nuclear power plant, when no longer used, must be treated and managed under regulations of law on construction, environmental protection and other relevant laws.

2. The owner of works must do the following things:

a) Gathering hazardous waste, ash, lubricating oil of various kinds left in the pipes, equipment, scavenge oil, caustic substances, ammonia, hydrazine, chlorine and strong acid, other corrosives and their solutions and treating them in accordance with the law on environmental protection;

b) For power grid, it must be dismantled to recover its structure and restore the initial state of the ground within 06 months after the power grid is separated from the power system.

c) For hydraulic, it is required to restore the natural flow for the river (spring) basin.

3. The owner of works must plan the management, dismantlement and treatment for electrical works which are no longer used including the contents in Clause 2 of this Article and submit it for approval under regulations of law on construction and implement the approved plan.

Article 9. Construction of high-voltage grid project

1. When the high-voltage grid works whose construction site has been approved by the competent authorities, within fifteen (15) working days, the owner must notify in writing the People’s Committees at all levels at localities, organizations, households and individuals as land user, house owner, owner of constructional works and other properties located within the safety corridor of high-voltage grid for information. The compensation and assistance of land or properties on land and other assistance to the land user upon works construction shall comply with regulations of law on compensation, assistance and relocation. All properties or works which are built after having received the notice of works implementation but violate the safety corridor as stipulated in this Decree must be dismantled for the violating part without any compensation or assistance.

2. When building or improving the section of overhead conducting wire in residential area or places regularly crowded with people, industrial parks, high-tech parks, export processing zones or important works related to security, national defense, historical and cultural monuments and famous landscape that have been ranked by the state, it is required to strengthen the measures of electrical and constructional safety as follows:

a) Pole must be steel or concrete. The safety coefficient of poles, beams and pole foundation is not less than 1.2;

b) In a pole span, the conducting wire must not have connector, except that the conducting wire with cross-section of 240 mm2 and above may have a connector for a wire. The safety coefficient of conducting wire is not less than 2.5;

c) There must be double insulator of the same type and technical features. The conducting wire or earthing wire if hung on the suspension insulator must be used with the fixed suspension clamp. The safety coefficient of insulator and accessories must meet the standards under current regulations;

d) The distance from the lowest point of conducting wire in the state of maximum deflection to the ground is not less than that specified in the following table:

Voltage	Up to 35 kv	110 kV	220 kV
Distance	14 m	15 m	18 m

dd) In special cases, when building or improving the conducting wire of voltage level to 35 kV along the corridor of internal traffic roads in residential areas, industrial parks, high-tech parks or export processing zones, if using insulated wire, the distance from the lowest point of conducting wire at the state of maximum deflection to the ground is not less than 11 m.

3. The distance from the conducting wire to the ground outside the areas specified in Clause 2 of this Article shall comply with the provisions of the national technical Regulation on electrical techniques.

4. The underground cable section connecting the overhead conducting wire at the height of 2 m from the ground must be placed in the protective tube.

5. In case of obligatory building of high-voltage grid within the scope of protection of road traffic infrastructure, it is required to comply with regulations of law on management and protection of road traffic infrastructure.

Article 10. Safety distance of electrical discharge by voltage level

1. The safety distance of electrical discharge by voltage level is specified in Clause 1, Article 51 of the Electricity Law in the following table:

Voltage	Up to 22 kV		35 kV		110kV	220 kV
	Insulated wire	Naked wire	Insulated wire	Naked wire	Naked wire	Naked wire
Safety distance of electrical discharge	1.0 m	2.0 m	1.5 m	3.0 m	4.0 m	6,0 m

2. The safety distance of electrical discharge by voltage level specified in Clause 4, Article 51 of the Electricity Law is the minimum distance from the conducting wire to the nearest point of equipment, tool and working means in the safety corridor of high-voltage grid and is specified in the following table:

Voltage	Up to 22 kV	35 kV	110kV	220 kV	500 kV
Safety distance of electrical discharge	4.0 m	4.0 m	6.0 m	6.0 m	8.0 m

3. The safety distance of electrical discharge by voltage level specified in Clause 5, 6 and 7, Article 51 of the Electricity Law is the minimum distance from the conducting wire at the state of deflection to the highest point of the protected subjects and is specified in the following table:

Voltage Safety distance of electrical discharge	Up to 35 kV	110 kV	220 kV	500 kV
Up to the highest point (4.5m) of the road vehicles	2.5 m	2.5 m	3.5 m	5.5 m
Up to the highest point (4.5m) of the railway vehicles and works or up to the highest point (7.5m) of the railway means and works operated with electricity.	3.0 m	3.0 m	4.0 m	7.5 m
Up to the clearance height at technical level of inland waterway	1.5 m	2.0 m	3.0 m	4.5 m

Article 11. Safety corridor of overhead conducting wire

1. The safety corridor of overhead conducting wire is specified as follows:

a) The length of corridor is from the position where the line goes out of the protection boundary of this station to the position where the line goes into the protection boundary of the next station;

b) The width of corridor is limited by 02 vertical planes to two side of the line and parallel with the line with the distance from the outmost line to each side when the line is in the static condition as specified in the following table:

Voltage	Up to 22 kV		35 kV		110 kV	220 kV	500 kV
	Insulated wire	Naked wire	Insulated wire	Naked wire	Naked wire	Naked wire	Naked wire
Distance	1.0 m	2,.0 m	1.5 m	3.0 m	4.0 m	6.0 m	7.0 m

c) The height of corridor is from the bottom of pole foundation to the heighest point of the works plus the safety distance vertically specified in the following table:

Voltage	Up to 35 kV	110 kV	220 kV	500 kV
Distance	2.0 m	3.0 m	4.0 m	6.0 m

2. The safety corridor of overhead or aboveground electrical cables is limited to the sides of 0.5 m from the outer side of the outmost cable.

Article 12. Trees in and outside the safety corridor of overhead conducting line

1. In case there are trees in the safety corridor of overhead conducting line, the distance is specified as follows:

a) For conducting line with voltage up to 35 kV in cities, towns…, the distance from any point of the trees to the conducting wire in the state of maximum deflection is not less than the distance specified in the following table:

Voltage	Up to 35 kV
Distance	Insulated wire	Naked wire
	0.7 m	1.5 m

b) For the line with voltage from 110 kV to 500 kV in cities, towns…, the trees must not be higher than the lowest conducting line except for special cases, there must be technical measures to ensure the safety permitted by the People’s Committees of provinces and centrally-run cities (provincial People’s Committees). The distance from any point of the trees to the conducting line at the state of maximum deflection must not be less than the distance specified in the following table:

Voltage	110 kV	220 kV	500 kV
Distance	Naked wire
	2.0 m	3.0 m	4.5 m

c) For the lines outside cities, towns…, the distance from the highest point of the trees vertically to the height of the lowest conducting line at the state of maximum deflection is not less than the distance specified in the following table:

Voltage	Up to 35 kV		110 kV	220 kV	500 kV
Distance	Insulated wire	Naked wire	Naked wire
	0.7 m	2.0 m	3.0 m	4.0 m	6.0 m

d) For the overhead conducting line across special-use forest, protection forest, production forest and garden, the vertical distance from the average height of trees maximally grown to the lowest conducting line at the state of maximum deflection must not be less than distance specified at Point c, Clause 1 of this Article.

2. In case the trees are outside the safety corridor of overhead conducting line and outside the cities, towns…, the distance from any part of tree when the tree falls to any part of line must not be less than the distance specified in the following table:

Voltage	Up to 35 kV	110 and 220 kV	500 kV
Distance	0.7 m	1.0 m	2.0 m

3. For trees which rapidly grow within 03 months and possibly violate the distance specified in Clause 1 and 2 of this Article. For the trees which have no longer economic efficiency must be fallen and not be planted again.

4. Rice, crops and plants must only be planted at least 0.5 m from the pole foundation and sleeper.

Article 13. Existing conditions of houses and works within the safety corridor of overhead conducting line with voltage up to 220 kV

Houses and constructional works are permitted to exist within the safety corridor of overhead conducting line with voltage up to 220 kV if meeting the following conditions:

1. Roof and wall must be made of non-combustible materials.

2. No obstruction of way in and out for testing, maintenance and replacement of parts of high-voltage grid.

3. The distance from any part of houses or works to the nearest conducting line when the line is at the state of maximum deflection is not less than the distance specified in the following table:

Voltage	Up to 35 kV	110 kV	220 kV
Distance	3.0 m	4.0 m	6.0 m

4. The electric field intensity is less than 5 kV/m at any point outside the house and one meter (01) from the ground and less than or equal to 1 kV/m at any point inside the house and one meter (01) from the ground.

5. For houses and works within the safety corridor of overhead conducting line with voltage of 220 kV, besides meeting the above conditions, the metal structures of houses and works must be connected to earth under regulations on earthing techniques.

6. The Ministry of Industry and Trade stipulates in detail the scope and earthing techniques of metal structure of houses and works within and adjacent to the safety corridor of overhead conducting line with voltage from 220 kv and above.

Article 14. Safety corridor of underground cable

The safety corridor of underground cable is specified as follows:

1. The length of corridor is from the position where the cable goes out of the protection boundary of this station to the position into the protection boundary of the next station.

2. The width of corridor is limited by:

a) The outer side of the cable trench for cables placed in the trench;

b) Two vertical sides from the outer side of cable shell or outmost cable on both sides of the underground cable for cable placed directly under the ground or water specified in the following table:

Type of electric cable	Underground		Underwater
	Stable ground	Unstable ground	Place without boat moving	Place with boat moving
Distance	1.0 m	1.5 m	20.0 m	100.0 m

3. The height is from the ground or water surface to

a) Outer side of foundation bottom of cable trench for cable placed in cable trench;

b) The depth is 1.5 m lower than the lowest point of cable shell for cable placed directly in the ground and water.

Article 15. Safety corridor of power station

1. The safety corridor of power station is specified as follows:

a) For power stations without wall or fence, the safety corridor is limited by the space around the power station with the distance to the nearest charged objects of the station as specified in the following table:

Voltage	Up to 22 kV	35 kV
Distance	2.0 m	3.0 m

b) For the power station with fixed wall or fence, the safety corridor is limited to the outmost point of foundation or protection embankment of wall or fence; the height of corridor is from the deepest foundation bottom of the power station to the highest point of the power station plus the vertical safety distance specified at Point c, Clause 1, Article 11 of this Decree;

c) For integrated substations or power distribution stations with metal case, the safety corridor is limited to the outer side of metal case.

2. Houses and constructional works near the safety corridor of power station must ensure no damage to any part of power station; no obstruction to the way in and out, the water supply and drainage system, the safety corridor of underground cable and overhead conduction line, the ventilation system of the power system and no wastewater intrusion causing damage to the electrical works.

Article 16. Signals and signs

1. The unit managing and operating the high-voltage grid must place the restricted signs, signals under the current technical regulations and standards.

2. The electric poles must be painted white and red from the height of 50 m or above and must have a signal light on the peak of column in the following cases:

a) Electric pole is 80 m in height;

b) Electric pole is from 50 to 80 m in height but at the position with special requirements.

3. At the lowest point where the overhead conducting line with voltage 220 kV or above with the inland waterway, there must be appropriate signal for the waterway vehicles to recognize at night.

4. Where the overhead conducting line is within the surrounding airspace of airport, the painting of electric pole and placement of signal light are in accordance with regulations of law on management of height of aviation obstacles.

5. Along the underground cable, the works owner must place the landmark or sign to recognize the cable.

6. The underwater cable must have signs to indicate the position of cable under the regulations of law on inland waterway transportation or management of seaport and maritime channels.

Article 17. Management and operation of high-voltage grid

1. The unit managing and operating the high-voltage grid is responsible for

a) Regularly checking the safety corridor of high-voltage grid within its management. When detecting acts of violation, it must require the violating subjects to immediately stop their illegal acts, report and coordinate with the local competent authorities to record such acts.

b) Checking, repairing and maintaining the grid within the prescribed time limit. Overloading operation must be prohibited for the line over the houses and constructional works;

c) Doing statistics and monitoring electric accidents and violations to the safety corridor of high-voltage grid within its management and report to the competent authorities on electrical activities and use at localities and to the superior authorities for every 06 months and a year; for electric accidents, reporting to the management agency on the electric activities and use at localities and superior agency within 24 hours from the occurrence of accident;

d) Publicizing the landmark of safety corridor of high-voltage grid.

2. The person managing, operating and repairing the grid must comply with regulations on safety assurance according to the national technical regulations on electricity safety.

3. The cutting and pruning of tree to ensure the safety of grid shall be done by the unit managing and operating the high-voltage grid and this unit must notify directly the managing organization or tree owner five (05) working days in advance. In case the organization or individual owning the trees does not receive the notice intentionally, the unit managing and operating the high-voltage grid shall request the certification of the People’s Committee of local commune, ward or town (Communal People’s Committee) on the intentional nonreceipt of notice. The organizations and individuals not receiving notice must also take responsibility for implementation as in other cases.

4. In case of obligatory cutting to troubleshoot the incidents, the unit managing and operating the high-voltage grid must notify immediately the number of tree to be cut and compensate the tree owner. If failing to notify the tree owner, the unit managing and operating the high-voltage grid must notify the communal People’s Committee to get its certification before cutting.

5. The unit managing and operating the high-voltage grid performing the periodical repair must notify three (03) days in advance the organizations or individuals using land where there is underground cable or overhead conducting line crossing in the form of direct notice or registered mail or through the radio and communication system of communal People’s Committee; notify in advance before duty performance in case of irregular repair due to incident. In case of failure to notify, the communal People’s Committee must be notified before duty performance.

When the checking and repair is over, the unit managing and operating the high-voltage grid must restore the space as before the repair.

6. Organizations and individuals using land where there is underground cable or overhead conducting line crossing must create favourable conditions for the unit managing and operating the high-voltage grid to carry out the checking or repair of failure of the works.

Chapter 3.

COMPENSATION, ASSISTANCE OF HOUSES, WORKS, LAND AND TREES WITHIN SAFETY CORRIDOR OF OVERHEAD CONDUCTING LINE

Article 18. Compensation, assistance of houses, works, land and trees within safety corridor of overhead conducting line

1. Houses and ancillary works for living of households and individuals shall not be removed out of the safety corridor of overhead conducting line with voltage up to 220 kV as specified in Article 13 of this Decree, the owner of such houses and ancillary works shall be compensated and receive assistance due to limited usability and effect in living. The compensation and assistance shall be done once (01 time) as follows:

a) Houses and ancillary works for living having a part or the whole area within the safety corridor of overhead conducting line, are built on the land eligible for compensation under regulations of law on land before the notice day of performance of high-voltage grid project approved by the competent authorities shall be compensated or receive the assistance of part of area within the safety corridor of overhead conducting line.

b) The specific compensation or assistance shall be stipulated by provincial People’s Committee but not greater than 70% of value of houses and ancillary works for living calculated on the area within the safety corridor of overhead conducting line based on the new unit price of construction of houses and ancillary for living with equivalent standards issued by provincial People’s Committee.

c) Where the houses and ancillary works for living are built on the land ineligible for compensation for land under regulations of law, the provincial People’s Committee shall consider the assistance based on the practical conditions of each locality.

2. Houses and works are built before the notice date of performance of high-voltage grid project approved by the competent authorities:

a) If failing to meet the conditions specified in Article 13 of this Decree, the owner of high-voltage grid project must bear the costs and carry out the implementation of renovation in order to meet such conditions;

b) In case of demolishment of a part and the other part still ensures the technical standards under regulations of law on construction and meets the conditions specified in Article 13 of this Decree, the owner of high-voltage grid is responsible for making payment and compensation for the part of value of house or works demolished and the expenses for renovation and completion in accordance with the equivalent standard of house or works before demolished or compensation for relocation of house or works under the decision of provincial People’s Committee;

c) In case the house or works cannot be renovated to meet the conditions specified in Article 13 of this Decree but demolished or relocated, the owner of house or works shall be compensated or receive the assistance under regulation of law on compensation, assistance and relocation when the State recovers the land.

Article 19. Compensation and assistance for land within the safety corridor of overhead conducting line

1. Residential land and other types of land in the same parcel of land of an owner within the safety corridor of overhead conducting line with voltage up to 220 kV subject to the State’s non-recovery of land, the land user shall be compensated or receive the assistance due to limited usability of land. The compensation or assistance is done once as follows:

a) Residential land with compensation or assistance due to limited usability of land is the type of residential land stipulated in legal documents of land;

b) The area of residential land with compensation or assistance due to limited usability of land is the actual area of residential land within the safety corridor of overhead conducting line. The rate of compensation or assistance shall not be greater than 80% of compensation for residential land calculated on the area of land within the corridor.

c) On the same parcel of land, including residential land and other types of land of one land user, when the safety corridor of overhead conducting line occupies the space greater than the residential land quota, the area of other types of land on the same parcel of land within the corridor is also compensated or assisted. The rate of compensation or assistance shall not greater than the rate of compensation for recovery of such other types of land calculated on the area of other types of land within the corridor;

d) In case the residential land does not meet the conditions specified at Point a, Clause 1 of this Article, the provincial People’s Committee shall consider the assistance based on the actual conditions of each locality.

2. For the perennial crop land or land of production forest within the safety corridor of overhead conducting line, the land user shall receive the assistance due to the limited usability of land. The assistance shall be done once not greater than 30% of compensation for recovery of perennial crop land or land of production forest calculated on the land area within the safety corridor of overhead conducting line.

3. The rate of compensation or assistance specified in Clause 1 and 2 of this Article is provided for by the provincial People’s Committee. The fund for payment is from the investment capital of the owner of high-voltage grid works.

Article 20. Compensation or assistance to houses or works outside the safety corridor of overhead conducting line but between 02 overhead conducting lines with voltage of 500 kV and above

1. House or ancillary works for living of households and individuals outside the safety corridor of overhead conducting line but between 02 overhead conducting lines with voltage of 500 kV and above shall be considered the compensation or assistance and relocation when meeting one of the following conditions:

a) The electric field intensity is greater than that specified in Clause 3, Article 13 of this Decree;

b) The distance between two horizontal conducting line of nearest outmost phase of two conducting line is ≤ 60 m.

2. In case the houses or ancillary works for living of households and individuals have a distance as specified at Point b, Clause 1 of this Article and the electric field intensity specified in Clause 3, Article 13 of this Decree, if the land user or owner of properties attached to land send a written request for stay to the district People’s Committee, he/she shall be considered for stay and receive compensation or assistance for the whole area of residential land, house or ancillary works for living within the safety corridor of overhead conducting line specified in Article 18 and 19 of this Decree.

3. Within 15 working days after receiving the written request specified in Clause 2 of this Article, the district People’s Committee shall reply in writing in the form of direct delivery or registered mail to the requester.

Article 21. Conversion of purpose of use of other types of land to residential land

When the land user must relocate his/her house outside the safety corridor of overhead conducting line and wishes to convert the purpose of use of other types of land to residential land outside the corridor to residential land suitable for the planning, the local land management agency shall carry out the procedures for submission to the competent authorities for decision on conversion of purpose of land use. The land user must comply with the regulations of law upon conversion of purpose of land use.

Article 22. Assistance of relocation expenses

In addition to the compensation or assistance to the houses or works specified in Article 18 and land specified in Article 19 of this Decree, if the house owner finds new residential land himself/herself and wishes to move out of the safety corridor of overhead conducting line, he/she shall move and receive the moving expense under regulations of law for compensation, assistance and relocation when the State recovers the land.

Article 23. Compensation to trees within and outside the safety corridor of overhead conducting line

1. If the trees exist before the notice of performance of high-voltage grid works and are within the safety corridor of grid and must be cut and new trees are banned from growing as stipulated in Clause 3, Article 12 of this Decree, they shall be compensated under current regulations.

2. If the trees exist before the notice of performance of high-voltage grid works and are within the safety corridor of grid and must not be cut and new trees are not banned from growing as stipulated in Clause 3, Article 12 of this Decree or trees outside the corridor are at risk of violating the safety distance specified in Clause 2, Article 13 of this Decree, the unit managing the operation has the right to check, cut or prune the trees to ensure the safety for the overhead conducting line and makes the compensation under regulation.

3. The rate of compensation for cases specified in Clause 1 and 2 of this Article is done once (1 time) to one tree as stipulated by the provincial People’s Committee in accordance with the actual condition of locality.

Chapter 4.

IMPLEMENTATION ORGANIZATION

Article 24. Responsibility of state management on electricity safety

1. The Ministry of Industry and Trade is responsible for

a) Developing, issuing, guiding and implementing the national technical regulations on electricity safety;

b) Taking charge and coordinating with the Ministries and agencies concerned to prepare the draft documents of national technical regulations on electricity safety and send them to the Ministry of Science and Technology for assessment and publication;

c) Taking charge and coordinating with the Ministries, sectors and localities in implementation of state management over electricity safety activities;

d) Issuing regulations on guiding the inspection of quality of electrical equipment, devices and products of safety standards;

dd) Inspecting and examining the electricity safety of organizations and individuals in electricity activities and use; detecting and handling acts of violation under regulations of law.

2. The Ministry of Science and Technology is responsible for

a) Managing the research and scientific and technical applications of electrical safety;

b) Taking charge of assessment and publication of national standards of electricity safety as requested by the Ministry of Industry and Trade;

c) Taking charge and coordinating with the Ministry of Industry and Trade in developing, assessing, issuing and managing the national regulation system of electricity safety.

3. The Ministry of Construction is responsible for

a) Providing instruction on implementation of national technical regulations on electricity safety in installation of electrical lines and power stations in civil works and in urban areas;

b) Issuing and providing the instructions on implementation of safety earthing in civil works.

4. People's Committees of provinces and centrally-run cities are responsible for

a) Carrying out the state management over the electricity safety at localities under the regulations of the Ministry of Industry and Trade and the specialized Ministries.

b) Developing objectives of electricity assurance to be introduced in the social and economic development plan and local budget;

c) Managing and protecting the safety of electrical works under regulations of law;

d) Publicizing the landmark of land use within the safety corridor of electrical works;

dd) Providing information on the reality of land use and planning of land use for organizations and individuals making investment in building high-voltage grid in provincial areas;

e) Detecting, stopping and promptly handling the cases of illegal encroachment, occupancy and use of safety corridor of grid, scope of protection and constructional items of electrical works.

Article 25. Responsibility for safety protection of high-voltage grid

1. When detecting the high-voltage grid is infringed, vandalized, burned or has serious incidents, the unit managing the operation of high-voltage grid, the People’s Committee at all levels, the public security and the armed forces in the areas must coordinate to take remedial measures to restrict loss and put the works into operation.

2. Chairman of provincial People’s Committees must direct the functional agencies to inspect, stop and promptly handle acts of violation of regulations on safety protection of high-voltage grid within their management.

3. Based on the reality of each locality, the Chairman of provincial People’s Committees shall establish the provincial Steering Committee to deal with issues related to the safety protection of high-voltage grid. The participants and operation regulations of the Steering Committee shall be decided by the Chairman of provincial People’s Committees.

Article 26. Effect

This Decree takes effect from 15 April 2014 and supersedes Decree No. 106/2005/ND-CP dated 17 August 2005 detailing and providing the instructions on implementation of some articles of the Electricity Law on protection of high-voltage grid, Decree No. 81/2009/ND-CP dated 12 October 2009 amending and adding some articles of Decree No. 106/2005/ND-CP dated 17 August 2005.

Article 27. Implementation organization

The Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairman of People's Committees of provinces and centrally-run cities, organizations and individuals concerned are liable to execute this Decree. /.

 

FOR THE GOVERNMENT PRIME MINISTER Nguyen Tan Dung