Chapter I
GENERAL PROVISIONS
Article 1.- Electric energy is a special commodity. The State exercises the unified management of electricity activities and use nationwide by law, policies, planning and plans on electricity development. Electricity production and business constitute a conditional business line.
Article 2.- This Decree prescribes electricity activities and use and is applicable to all domestic and foreign organizations and individuals in the Socialist Republic of Vietnam, except for cases where the international treaties which the Socialist Republic of Vietnam has signed or acceded to otherwise provide for.
Article 3.-
1. Organizations and individuals engaged in electricity activities in the following domains must have licenses for electricity activities:
a) Consultancy on planning elaboration, electricity project designing;
b) Electricity production, transmission, distribution, trading and supply.
2. Agencies competent to grant licenses for electricity activities are stipulated as follows:
a) The Ministry of Industry shall grant electricity activity licenses to:
- Organizations providing consultancy on planning, designing, supervision and other forms of consultancy for electricity projects and works.
- Enterprises of State corporations and foreign-invested enterprises engaged in the activities of electricity production, transmission, distribution, trading and supply;
- Enterprises engaged in electricity production with an electricity generation capacity of 10 MW or more and enterprises managing the operation of electric transmission lines of 110 kV or more;
- Enterprises conducting electricity export and import activities.
b) The People’s Committees of the provinces and centrally-run cities shall grant electricity activity licenses to organizations and individuals other than those defined at Point a, engaged in electricity activities in the domains prescribed in Clause 1 of this Article.
3. Organizations and individuals investing in the construction of electricity generation establishments for their own use without selling electricity to other organizations and individuals or electricity generation establishments with installing capacities being lower than that prescribed by the Ministry of Industry must not acquire licenses for electricity activities.
4. The Ministry of Industry shall guide the conditions, order and procedures for the granting of electricity activity licenses.
Article 4.- Electricity activities and use on the Vietnamese territory must comply with the provisions of this Decree and other relevant law provisions and at the same time with the economic, technical and environmental processes, regulations and standards promulgated by competent State bodies.
Article 5.-
1. The use of electricity must strictly comply with the purposes inscribed in the contracts. Where electricity needs to be used as a protection means, such must be permitted by competent State bodies. The Ministry of Industry shall specify the use of electricity in this case.
2. The use of electricity causing danger to people and animals, damage to the property of the State and people and adversely affecting the ecological environment is strictly forbidden.
Article 6.- Depending on their importance to the State and the society, organizations and individuals using electricity shall be arranged in a priority order for additional charge regulation and restriction in case of electricity shortage. The People�s Committees of the provinces and centrally run cities shall determine the priority order of electricity-using organizations and individuals in their respective localities and notify the electricity-managing units of the same provinces and cities thereof for implementation.
Article 7.- In this Decree, the terms below shall be construed as follows:
1. "Electricity activities" mean activities aimed to generate, maintain and bring electric energy to using organizations and individuals in commercial and other forms prescribed by the State, including; activities on planning, designing consultancy, construction investment, production, transmission, electricity system regulation, electricity distribution, trading and supply, including electricity export and import.
2. "Electricity use" means the process of using electricity for certain purposes.
3. "Electricity industry" means a group of organizations and individuals of all economic sectors, conducting electricity activities on the Vietnamese territory.
4. "National electricity system" means a group of inter-related material and technical foundations which produce, transmit, distribute, control and supply electricity and are assigned by the State to Vietnam Electricity Corporation for management.
5. "Electricity work" means a complex of architectural constructions and objects, equipment and facilities for electricity generation, transmission and distribution. Electricity works include power plants, electricity generating units, transformer stations, power transmission lines and accompanying synchronous equipment.
6. "Electricity production" means activities of managing, operating power plants, electricity generation stations for the production of electric energy according to set standards.
7. "Commercial production of electricity" means the production by power plants after the period of trial run, which officially supply electricity to the electricity buyers.
8. "Electricity transmission" means activities of managing and operating electricity works in order to carry electricity from the electricity production places to electricity distribution grids.
9. "National electricity transmission grids" are the electricity transmission grids assigned by the State to Vietnam Electricity Corporation for management.
10. "Electricity transmission grids outside the national electricity system" means the electricity transmission grids invested and managed by other economic organizations, which can operate independently or be connected to the national electricity transmission grids.
11. "Electricity distribution" means the activities of managing and operating electricity works in order to transmit the electric energy from the transmission grids to electricity using organizations and individuals.
12. "Electricity supply" means the process of meeting electricity demands under certain conditions for organizations and individuals having demand for electricity use.
13. "Independent electricity sources and grids" mean establishments which produce, transmit, distribute and supply electricity for exclusive quarters, are managed and operate independently, which may or may not be connected with the national electricity system.
Tìm kiếm
Nghị định 45/2001/NĐ-CP (Bản Word)