Chương II Nghị định 17/2020/NĐ-CP: Lĩnh vực điện

Chapter II

ELECTRICITY

Article 3. Amendments to some Articles and Clauses of the Government’s Decree No. 137/2013/ND-CP dated October 21, 2013 on elaboration of some Articles of the Law on Electricity and Law on amendments to some Articles of the Law on Electricity and Government’s Decree No. 08/2018/ND-CP dated January 15, 2018 on amendments to certain Decrees related to business conditions under state management of the Ministry of Industry and Trade

1. Amendments to Point b Clause 3 Article 6 of the Decree No. 08/2018/ND-CP and Clause 2 Article 30 of the Decree No. 137/2013/ND-CP

a) Point b Clause 3 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“b) Clause 1 of Article 30 is amended as follows:

1. Have equipment, power lines and substations that are built or installed in accordance with approved technical designs; that have undergone testing or commissioning which shows that the results are satisfactory.”

b) Clause 2 Article 30 of the Decree No. 137/2013/ND-CP is amended as follows:

“2. The technical manager must obtain at least a bachelor’s degree in electrical engineering technology and have at least 05 years’ experience in electricity transmission.

The operating personnel must be trained in electrical engineering and electrical safety and obtain a certificate of operation.”

2. Point b Clause 4 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“b) Clauses 1 and 2 of Article 31 are amended as follows:

1. Have equipment, power lines and substations that are built or installed in accordance with approved technical designs; that have undergone testing and commissioning which shows that the results are satisfactory.”

2. The technical manager must obtain at least a bachelor’s degree in electrical engineering technology and have at least 03 years’ experience in electricity transmission.

The operating personnel must be trained in electrical engineering and electrical safety and obtain a certificate of operation.”

3. Clause 31a is added after Article 31 of the Decree No. 137/2013/ND-CP as follows:

“Article 31a. Requirements for fire fighting and prevention during the process of carrying out electricity activities

The power generation, transmission and distribution shall comply with regulations of the law on fire fighting and prevention.”

4. Clause 5 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“5. Article 32 is amended as follows:

Upon registration of its electricity wholesaling, the electricity wholesaler established in accordance with the law shall satisfy the following conditions:

The electricity wholesaler has at least a bachelor’s degree in electrical engineering technology, technology, economics or finance and at least 5 years’ experience of working in the field of electricity sale and purchase.

The electricity wholesaler satisfying the conditions for electricity wholesaling is entitled to import and/or export electricity”.

5. Point b Clause 6 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“b) Clause 1 of Article 33 is amended as follows:

1. The electricity retailer must have at least a Level 4 of VQF Diploma in electrical engineering, technology, economics or finance and at least 03 years’ experience of working in the field of electricity sale and purchase.”

6. Clause 7 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“7. Article 38 is amended as follows:

Article 38. Electrical consulting services

1. Conditions for provision of electrical consulting services shall only apply to work items directly related to electricity, other work items shall apply the conditions prescribed by the law on construction.

2. Electrical consulting services include electrical work design consulting and electrical work construction supervision consulting.

3. Electrical works include:

a) Power plants: hydropower, wind power, solar power and thermal power (coal, gas, oil, biomass, solid waste);

b) Power lines and substations.

4. A table showing capacity of electrical works applied to electrical consulting services:

7. Title of Article 39 of the Decree No. 08/2018/ND-CP is amended as follows:

“Article 39. Conditions for issuing licenses for provision of hydropower plant design consulting service”

8. Clause 8 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“8. Some contents of Article 39 are amended as follows:

a) Upon registration of its hydropower plant design consulting service, the provider established in accordance with the law shall satisfy the following conditions:

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

3. The consultant holding the president title must have at least a bachelor's degree in electrical engineering or hydropower engineering or irrigation; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on hydropower plants of equivalent class; must obtain the construction practicing certificate in the field of design of hydropower plants of equivalent class.

6. Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, irrigation, hydropower engineering, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least 01 project on the hydropower plant of equivalent class; must have the construction practicing certificate in the field of design of the hydropower plant of equivalent class.”

9. Clause 39a is added after Article 39 of the Decree No. 137/2013/ND-CP as follows:

“Article 39a. Conditions for issuing licenses for provision of wind power and solar power plant design consulting services

Upon registration of its wind power plant/solar power plant design consulting service, the provider established in accordance with the law shall satisfy the following conditions:

1. The consultant holding the president title must have at least a bachelor's degree in electrical engineering or renewable energy; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on wind power plants/solar power plants of equivalent class; must obtain the construction practicing certificate in the field of design of wind power plants/solar power plants of equivalent class.

2. Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, renewable energy, electrical engineering - construction, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least project on the wind power plant/solar power plant of equivalent class; must have the construction practicing certificate in the field of design of the wind power plant/solar power plant of equivalent class.”

10. Title of Article 40 of the Decree No. 137/2013/ND-CP is amended as follows:

“Article 40. Conditions for issuing licenses for provision of thermal power plant design consulting service”

11. Clause 9 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“9. Some contents of Article 40 are amended as follows:

a) Upon registration of its thermal power plant design consulting service, the provider established in accordance with the law shall satisfy the following conditions:

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

3. The consultant holding the president title must have at least a bachelor's degree in electrical engineering or thermal power engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on thermal power plants of equivalent class; must obtain the construction practicing certificate in the field of design of thermal power plants of equivalent class.

6. Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, electrical engineering, thermal power engineering, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least 01 project on the thermal power plant of equivalent class; must have the construction practicing certificate in the field of design of the thermal power plant of equivalent class.”

12. Title of Article 41 of the Decree No. 137/2013/ND-CP is amended as follows:

“Article 41. Conditions for issuing licenses for provision of power line and substation design consulting services”

13. Clause 10 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“10. Some contents of Article 41 are amended as follows:

a) Upon registration of its power line and substation design consulting service, the provider established in accordance with the law shall satisfy the following conditions:

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

3. The consultant holding the president title must have at least a bachelor's degree in electrical engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the president in charge of at least 01 project or participated in designing at least 02 projects on power lines and substations of equivalent class; must obtain the construction practicing certificate in the field of design of power lines and substations of equivalent class.

6. Other consultants must have at least a bachelor’s degree in geodesy, geology, construction, electrical engineering, thermal power engineering, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in designing at least 01 project on the power line and substation of equivalent class; must have the construction practicing certificate in the field of design of the power line and substation of equivalent class.”

14. Title of Article 42 of the Decree No. 137/2013/ND-CP is amended as follows:

“Article 42. Conditions for issuing licenses for provision of hydropower plant construction supervision consulting services”

15. Clause 11 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“11. Some contents of Article 42 are amended as follows:

a) Upon registration of its hydropower plant construction supervision consulting service, the provider established in accordance with the law shall satisfy the following conditions:

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

3. The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering or hydropower engineering or irrigation; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on hydropower plants of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of hydropower plants of equivalent class.

6. Other consultants must have at least a bachelor’s degree in construction, irrigation, hydropower engineering, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the hydropower plant of equivalent class; must have the construction practicing certificate in the field of construction supervision of the hydropower plant of equivalent class.”

16. Clause 42a is added after Article 42 of the Decree No. 137/2013/ND-CP as follows:

“Article 42a. Conditions for issuing licenses for provision of wind power and solar power plant construction supervision consulting services

Upon registration of its wind power plant/solar power plant construction supervision consulting service, the provider established in accordance with the law shall satisfy the following conditions:

1. The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering or renewable energy; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on wind power plants/solar power plants of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of wind power plants/solar power plants of equivalent class.

2. Other consultants must have at least a bachelor’s degree in construction, renewable energy, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the wind power plant/solar power plant of equivalent class; must have the construction practicing certificate in the field of construction supervision of the wind power plant/solar power plant of equivalent class.”

17. Point b Clause 12 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“b) Clauses 3 and 6 of Article 43 are amended as follows:

3. The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering or thermal power engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on thermal power plants of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of thermal power plants of equivalent class.

6. Other consultants must have at least a bachelor’s degree in construction, electrical engineering, thermal power engineering, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the thermal power plant of equivalent class; must have the construction practicing certificate in the field of design of the thermal power plant of equivalent class.”

18. Point b Clause 13 Article 6 of the Decree No. 08/2018/ND-CP is amended as follows:

“b) Clauses 3 and 6 of Article 44 are amended as follows:

3. The consultant holding the chief supervisor title must have at least a bachelor's degree in electrical engineering; must have at least 05 years’ experience in provision of consulting services; has acted as the chief supervisor of at least 01 project or participated in supervising construction of at least 02 projects on power lines and substations of equivalent class; must obtain the construction practicing certificate in the field of construction supervision of power lines and substations of equivalent class.

6. Other consultants must have at least a bachelor’s degree in construction, electrical engineering, electric power system, electrical equipment or automation; must have at least 05 years' experience in provision of consulting services; have participated in supervising construction of at least 01 project on the power line and substation of equivalent class; must have the construction practicing certificate in the field of construction supervision of the power line and substation of equivalent class.”

19. Article 45 of the Decree No. 137/2013/ND-CP is amended as follows:

“Article 45. The power to issue and amend the electricity operating license

1. The power to issue the electricity operating license

a) The Ministry of Industry and Trade shall issue the electricity operating license intended for electricity transmission and generation by large-scale power plants on the list of large-scale power plants of critical importance in respect of society, economy, national defense and security approved by the Prime Minister;

b) The Electricity Regulatory Authority shall issue the electricity operating license intended for electricity distribution, electricity wholesaling, electricity retail, electrical consulting services and electricity generation by power plants with a capacity of at least 03 MW other than those specified in Point a of this Clause;

c) People’s Committees of provinces shall issue the electricity operating license to organizations and individuals involved in electricity activities on a small scale within their provinces under the guidance of the Ministry of Industry and Trade.

2. The electricity operating license shall be amended in the following cases:

a) The amendment is requested by the license holder as one of the contents of the electricity operating license is changed;

b) If socio - economic benefits and public benefits require protection, the issuing authority is entitled to amend the electricity operating license intended for electricity transmission and distribution. The amendment must be within the capacity of the license holder.

c) If the issued license is found having mistakes, the issuing authority shall amend it.”

Article 4. Repeal of some Articles and Clauses of the Decree No. 137/2013/ND-CP

1. Clauses 4 and 6 of Article 29 are repealed.

2. Clause 5 of Article 39 is repealed.

3. Clause 5 of Article 40 is repealed.

4. Clause 5 of Article 41 is repealed.

5. Clause 5 of Article 42 is repealed.

6. Clause 5 of Article 43 is repealed.

7. Clause 5 of Article 44 is repealed.

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