Chương 2 Nghị định 45/2001/NĐ-CP: Quy hoạch, đầu tư phát triển điện lực

Chapter II

ELECTRICITY DEVELOPMENT PLANNING AND INVESTMENT

Section 1. ELECTRICITY DEVELOPMENT PLANNING

Article 8.-

1. The Ministry of Industry shall organize the elaboration of planning for the development of national electricity for each 10-year period, work out orientation for 10 subsequent years, submit them to the Prime Minister for ratification and manage the implementation of the ratified planning.

In cases where need be changes in the ratified electricity development planning, the Ministry of Industry shall submit them to the Prime Minister for consideration and decision.

2. The Ministry of Industry shall prescribe the contents, order and procedures for the elaboration of national electricity development planning.

Article 9.- Basing themselves on the socio-economic development planning, the defense and security requirements in their localities and the national electricity development planning already ratified by the Prime Minister, the People’s Committees of the provinces and centrally run cities shall organize the elaboration of their local planning for electricity development for submission and approval as provided for in Article 10 of this Decree.

Article 10.-

1. The Minister of Industry shall have the responsibility to preside over and coordinate with the concerned ministries and branches in organizing the appraisal of national electricity development planning, the electricity development plannings of Hanoi and Ho Chi Minh City, and submit them to the Prime Minister for approval.

In case of necessity, the Prime Minister shall decide on the establishment of the State Appraisal Council to assist the Prime Minister in considering and approving the national electricity development planning.

2. The Minister of Industry shall organize the appraisal and approval of electricity development plannings of the provinces and centrally-run cities except the cities prescribed in Clause 1 of this Article.

3. The Ministry of Industry shall prescribe the blueprint contents, the appraisal, consideration and approval order and the management of the implementation of the local electricity development plannings.

Section 2. ELECTRICITY DEVELOPMENT INVESTMENT

Article 11.- The investment in the development of electric works must comply with the national electricity development planning and the provincial/municipal electricity development plannings already approved by competent State bodies and at the same time with the law provisions on investment and construction management.

Article 12.- Besides Vietnam Electricity Corporation, Vietnamese and foreign organizations as well as individuals investing in development of electric sources and exploitation of electric works must meet the following conditions:

1. In case of connection with the national electricity system:

a) Having investment license or investment decision, permits for electricity activities and other permits as prescribed by law;

b) Reaching agreement with Vietnam Electricity Corporation on the connection points and electricity trading contracts;

c) Having to comply with the regulations on electricity sale prices in Clauses 2 and 3 of Article 38 of this Decree;

d) The operation regime and duration of the plant in a year are compatible to the operation regime of the national electricity system;

e) Having to comply with the operation process and regulations of the national electricity system.

2. In case of operation independent from the national electricity system:

a) Having investment license or investment decision, permit for electricity activities and other permits as prescribed by law;

b) Having to comply with the regulations on electricity sale prices in Clauses 2 and 3 of Article 38 of this Decree.

3. The Ministry of Industry shall announce the list of electricity projects to be built under the national electricity development planning so that domestic and foreign investors know and participate in the construction investment in forms prescribed by law.

4. The electricity projects with investment in forms of BOT, BTO, BT and a number of other investment forms shall enjoy preferences as prescribed by law.

Article 13.- The electricity sellers shall have the responsibility to invest in the construction of, manage and operate high-voltage and medium-voltage electricity transmission works to the fences of industrial parks and projects of the electricity-buyers except otherwise agreed upon. The investment in, management and operation of, low-voltage electricity grids shall comply with the provisions in Articles 27 and 51 of this Decree.