Chương 8 Nghị định 45/2001/NĐ-CP: Khen thưởng và xử lý vi phạm

Chapter VIII

COMMENDATION AND HANDLING OF VIOLATIONS

Article 55.- Organizations and individuals that record outstanding achievements in electricity activities and use, actively contributing to the cause of developing Vietnam’s power industry shall be commended and/or rewarded according to the provisions of law.

Article 56.- The following acts shall be regarded as violations of legislation on electricity activities and use:

1. Conducting electricity activities without permits granted by competent bodies and business registration certificates; conducting electricity activities not according to the contents and time limits inscribed in the electricity activity permits and business registration certificates; conducting electricity activities even when having been suspended therefrom or deprived of the right therefor.

2. Granting electricity activity permits to unqualified organizations and/or individuals or refusing to grant or delaying the granting of electricity activity permits to qualified organizations and/or individuals under the regulations of the Ministry of Industry.

3. Investing in electricity development in contravention of the provisions in this Decree and other law provisions on planning and investment in electricity development.

4. Violating the process and regulations in electricity production, transmission and distribution; failing to obey the orders of electricity system regulation bodies at different levels.

5. Acts of violating the legislation on electricity activities and use by the electricity sellers shall include:

a) Delaying the signing of electricity buying contracts when the conditions for electricity trading are fully met; delaying the electricity supply after the electricity trading contracts have been signed;

b) Failing to ensure the electricity quality, volume and/or stability in electricity supply according to the signed contracts, except for force majeure cases;

c) Switching the electricity on or off not according to the announced time table, except for cases prescribed in Clause 3, Article 41 of this Decree;

d) Failing to notify, as prescribed, the buyers of the electricity grid incidents and delaying the repair of electricity grids hit by incidents, except for force majeure cases;

e) Delaying the electricity connection to projects which have met all conditions for operation, without plausible reasons;

f) Wrongly recording the numbers on meters, wrongly inscribing the invoices, selling electricity not at the prescribed prices;

g) Using measuring and counting equipment which are below the prescribed standards;

h) Using the buyers’ electricity works without permission to supply electricity to other electricity-using organizations and/or individuals;

i) Cutting off electricity supply to customers not subject to restriction upon electricity shortage, except for cases prescribed in Clause 3, Article 41 of this Decree;

j) Obstructing competent bodies from electricity sale inspection;

k) Failing to comply with the provisions on supply of information for electricity buyers in Clauses 2 and 3 of Article 42 of this Decree;

l) Delaying or refusing to make compensations to buyers under decisions of competent bodies for damage caused by their own faults;

m) Other acts of violating the legislation on electricity activities and use.

6. Acts of violating the legislation on electricity activities and use by the electricity buyers shall include:

a) Delaying the signing of electricity trading contracts when the conditions for electricity trading are fully met, delaying the performance of signed contracts in case of electricity wholesale for resale to organizations and/or individuals using electricity;

b) Using electricity not for purposes inscribed in the contracts;

c) Failing to reduce capacity when so requested by the sellers due to force majeure incidents;

d) Using electricity beyond the capacity registered in the additional charge diagrams inscribed in the electricity trading contracts during peak hours;

e) Additionally using other electricity sources of the sellers besides the sources already inscribed in the contracts, except for cases where the electricity buyers are organizations and individuals wholesaling electricity for resale to other organizations and/or individuals;

f) Supplying electricity to other electricity- using organizations and/or individuals through their own electricity works without the sellers’ consent;

g) Shutting off, repairing, removing electricity grid equipment and facilities of the sellers;

h) Failing to liquidate contracts when not using electricity;

i) Damaging electric equipment and/or facilities of the sellers;

j) Delaying in making payment as provided for in Clauses 5 and 6 of Article 39 of this Decree without plausible reasons;

k) Causing incidents to electricity system of the sellers;

l) Violating the regulations on electricity grid safety corridor;

m) Using electricity and causing danger to people, animals, damaging property of the State and/or people, causing adverse impacts on environment;

n) Committing fraudulence in using electricity in any form;

o) Obstructing competent bodies from inspecting the electricity use;

p) Delaying or refusing to pay the compensations to electricity sellers under decisions of competent bodies for damage caused by their own faults;

q) Other acts of violating the legislation on electricity activities and use.

Article 57.-

1. Organizations and individuals violating the provisions in Article 56 of this Decree and other law provisions on electricity activities and use shall be handled as follows:

a) Organizations and individuals committing acts of administrative violations in electricity activities and use shall be administratively sanctioned according to the Government’s Decree on sanctioning administrative violations in the field of electricity;

b) Organizations and individuals committing acts of breaching contracts shall be handled according to the provisions of legislation on contracts;

c) Individuals violating regulations on electricity activities and use with adequate factors to constitute crimes shall be examined for penal liability; if causing damage, they shall have to pay compensation therefor according to the provisions of law.

2. The sanctioning competence and levels and the management of fines for acts of breaching contracts, administrative violations in the field of electricity activities and use shall comply with the provisions of law.

The Ministry of Industry shall assume prime responsibility and coordinate with the Finance Ministry in guiding the management and use of fines.

Article 58.-

1. The People’s Committees at all levels may sanction acts of administrative violations in the field of electricity activities and use in their localities according to competence.

1. The specialized inspectorate of the power industry and other competent bodies may sanction acts of administrative violations in electricity activities and use according to the provisions of law.

Article 59.-

1. Organizations and individuals that are sanctioned for administrative violations or contractual breaches may lodge their complaints about decisions on sanctioning administrative violations or contractual breaches to competent State bodies or initiate lawsuits at competent courts according to law provisions.

2. Pending the settlement of their complaints or lawsuits, the sanctioned organizations and individuals shall still have to execute the decisions on sanctioning administrative violations or contractual breaches according to law provisions. When there are complaint-settling decisions of competent bodies or the court’s rulings, such decisions or rulings shall be complied with.