Nghị định 51/2020/NĐ-CP sửa đổi Nghị định 14/2014/NĐ-CP hướng dẫn Luật Điện lực về an toàn điện

DECREE

AMENDING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 14/2014/ND-CP DATED FEBRUARY 26, 2014 STIPULATING IMPLEMENTATION OF ELECTRICITY LAW REGARDING ELECTRICAL SAFETY

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Electricity Law dated December 03, 2004 and Law on Amendment to Some Articles of Electricity Law dated November 20, 2012;

Pursuant to the Land Law dated November 29, 2013;

At the request of the Minister of Industry and Trade;

The Government hereby promulgates a Decree amending a number of Articles of the Government's Decree No. 14/2014/ND-CP dated February 26, 2014 stipulating implementation of Electricity Law regarding electricity safety (Decree No. 14/2014/ND-CP).

Article 1. Amendments to a number of Articles of Decree No. 14/2014/ND-CP

1. Clause 1 Article 1 is amended as follows:

“1. This Decree stipulates the implementation of the Electricity Law regarding electrical safety, including safety in generation, transmission, distribution and use of electricity in business operation; and compensation and assistance for construction, renovation, repair and management of high-voltage electrical grids.”

2. Clause 1 Article 2 is amended and Clause 5 is added to Article 2 as follows:

a) Clause 1 is amended as follows:

“1. “high-voltage electrical grid” means an electrical grid whose nominal voltage is at least 1.000 V.”

b) Clause 5 is added to Article 2 as follows:

“5. “insulated conductor” means an electrical conductor coated in an insulation layer whose minimal insulation level is equal to the phase voltage.”

3. Title of Article 5 and Clause 1, Clause 2, clause 6 and Clause 9 of Article 5 are amended as follows:

a) Title of Article 5 is amended as follows:

“Article 5. General requirements for safety in generation, transmission, distribution and use of electricity in business operation”

b) Clause 1 is amended as follows:

“1. The investor of a power plant, power station and/or transmission line ready for operation shall transfer all necessary design, construction and construction completion documents and other technical documents according to regulations of laws on construction to the management unit."

c) Clause 2 is amended as follows:

“2. Overhead transmission lines crossing residential and commercial areas and crowded places shall not be operated in a manner that exceeds the prescribed standards and norms.”

d) Clause 6 is amended as follows:

 “6. Electrical equipment granted quality certificates or labels in accordance with technical regulations and standards and other relevant regulations of laws shall be used and must be inspected for compliance with safety requirements as regulated.

Minister of Industry and Trade shall stipulate list of electrical equipment requiring inspection; inspection contents; inspection methods and cycles; inspection procedures; and responsibilities of organizations and individuals involved in electrical equipment inspection."

dd) Clause 9 is amended as follows:

“9. Comply with regulations on statistics and report on electrical accidents and violations against regulations on buffer zones of high-voltage electrical grids.

Minister of Industry and Trade shall provide for statistics and reporting regimes for electrical accidents and violations against regulations on buffer zones of high-voltage electrical grids.”

4. Title of Article 6 and Clause 1, Clause 3 and Clause 5 of Article 6 are amended as follows:

a) Title of Article 6 is amended as follows:

“Article 6. Regulations on electrical safety training and assessment”

b) Clause 1 is amended as follows:

“1. Builders, operators, inspectors and repairmen of transmission lines and electrical equipment must receive electrical safety training and assessment.”

c) Clause 3 is amended as follows:

“3. Employers shall take responsibility in organizing the electrical safety training and assessment mentioned in Clause 1 herein for their employees; electricity operators and electricians in rural areas, mountainous areas, border areas and islands shall be issued with the electrical safety card according to regulations in Article 64 of the Electricity Law.” 

d) Clause 5 is amended as follows:

“5. Minister of Industry and Trade shall elaborate on electrical safety training and assessment.”

5. Clause 3 Article 7 is amended as follows:

 “3. The investor or management unit of the power station shall measure and map the electric field intensity.

Minister of Industry and Trade shall elaborate on measurement and mapping of electric field intensity.”

6. Title of Article 9, title of Clause 2 and Point b Clause 2 of Article 9 are amended and Clause 6 is added to Article 9 as follows:

a) Title of Article 9 is amended as follows:

“Article 9. Building and renovation of high-voltage electrical grids”

b) Title of Clause 2 is amended as follows:

“2. When building or renovating a part of an overhead transmission line crossing an accommodation, a workplace, a crowded area; an important structure related to national security; a historical - cultural monument or a famous landscape ranked by the state, the investor or management unit must enhance measures for electrical and construction safety. To be specific:”

c) Point b Clause 2 is amended as follows:

 “b) On one part of a transmission tower, the transmission line and the wire of the lightning arrester must not be connected, except for a transmission line with a cross-section of at least 240 mm2, which may be connected to the wire of the lightning arrester at one point. The safety coefficient of the transmission line and the wire must be higher than 2,5.””

d) Clause 6 is added to Article 9 as follows:

 “”6. A transmission line shall be connected to a shared technical infrastructure in accordance with regulations of laws on technical infrastructure management and sharing. The investor who builds/renovates the transmission line shall cooperate with the investor/management unit of the shared technical infrastructure in negotiating and taking measures to ensure safety of the transmission line, the shared technical infrastructure and the community according to existing regulations of laws and regulations and standards concerning electrical safety and safety of the technical infrastructure.” 

7. Title of Article 11, title of Clause 1 and Clause 2 of Article 11 are amended as follows:

a) Title of Article 11 is amended as follows:

“Article 11. Buffer zones of overhead high-voltage transmission lines”

b) Title of Clause 1 is amended as follows:

“1. Regulations for transmissions lines with bare conductors, insulated conductors and buffer zones:”

c) Clause 2 is amended as follows:

“2. Buffer zones of above-ground or overhead cables shall cover an area of 0.5m from the outermost cables to the outside.”

8. Title of Article 12, title of Clause 1 and title of Clause 2 of Article 12 are amended as follows:

a) Title of Article 12 is amended as follows:

“Article 12. Trees inside and outside buffer zones of overhead high-voltage transmission lines”

b) Title of Clause 1 is amended as follows:

“1. For trees inside buffer zones of transmission lines”

c) Clause 2 is amended as follows:

“2. For trees outside buffer zones of transmission lines and outside cities and towns, the distance between any part of a tree when it falls and any part of a transmission line shall be longer than the distance specified in the following table:"

9. Title of Article 13 and Clause 2 and Clause 6 of Article 13 are amended as follows:

a) Title of Article 13 is amended as follows:

“Article 13. Requirements for houses and workplaces to remain inside buffer zones of overhead high-voltage transmission lines with a voltage of up to 220 kV”

b) Clause 2 is amended as follows:

“2. There is no obstruction of checking, maintenance and replacement of parts of the transmission lines.”

c) Clause 6 is amended as follows:

“6. Minister of Industry and Trade shall elaborate on the scope and techniques for grounding of metal structures of houses and structures inside and adjacent to buffer zones of overhead 220 kV transmission lines and adjacent to buffer zones of 500 kV transmission lines.”

10. Title of Article 14 is amended as follows:

“Article 14. Buffer zones of underground high-voltage cables”

11. Point b Clause 1 Article 17 is amended as follows:

“b) Check, repair and maintain the electrical grids under its management according to regulations”

12. Article 18a is added before Article 18 as follows:

 “Article 18a. Land expropriation and compensation and assistance for construction of electrical structures

Land expropriation; and compensation and assistance for loss sustained due to clearing of land and property on land located within the buffer zones of high-voltage electrical grids shall be carried out according to regulations of laws on compensation, assistance and relocation upon land expropriation by the state.”

13. Clause 1 Article 18 and title of Clause 2 Article 18 are amended as follows:

a) Clause 1 is amended as follows:

 “1. For houses and ancillary structures to houses not needing to be relocated out of buffer zones of overhead high-voltage transmission lines with a voltage of up to 220 kV according to regulations in Article 13 of Decree No. 14/2014/ND-CP, the owners of such houses and structures are entitled to compensation and assistance for the inconvenience to their daily life. The compensation and assistance shall be given once (01 time) as follows:”

a) For houses and ancillary structures to houses a part or the whole of which is located inside the buffer zones of overhead high-voltage transmission lines and which are built on the land eligible for compensation under regulations of laws on land before the date of issuance of the land expropriation notification by competent authorities, the owners of such houses and structures are entitled to compensation and assistance for the land located inside the buffer zones. Provincial People’s Committees shall decide the specific compensation and assistance rates based on the actual situation of their respective provinces.

b) For houses and ancillary structures to houses built on the land not eligible for compensation under regulations of laws on land, Provincial People’s Committees shall consider and offer compensation and assistance based on the actual situation of their respective provinces.”

b) Title of Clause 2 is amended as follows:

“2. For houses and ancillary structures to houses built prior to the date of notification of land expropriation from the competent authorities:"

14. Article 20 is amended as follows:

“Article 20. Compensation and assistance for houses and structures outside of buffer zones of high-voltage electrical grids

1.0>For houses and ancillary structures to houses located outside buffer zones of high-voltage electrical grids and inside an area with an electric field intensity higher than that which is provided for in Clause 4 Article 13 of Decree No. 14/2014/ND-CP, the owners of such houses and structures are entitled to the compensation and assistance offered for relocation of houses and structures located inside buffer zones of high-voltage electrical grids according to regulations of laws on compensation, assistance and relocation upon land expropriation by the state.

2. For houses and ancillary structures to houses located outside buffer zones of high-voltage electrical grids and in between two overhead transmission lines with a voltage of 500 kV and the vertical distance between the two outermost phase conductors of these two transmission lines is no longer than 60 meters, the owners of such houses and structures may choose one of the following options:  

a) Receive compensation and assistance offered for relocation of houses and ancillary structures to houses located inside buffer zones of high-voltage electrical grids according to regulations of laws on compensation, assistance and relocation upon land expropriation by the state.

b) If the owner does not wish to relocate, they shall submit a request to remain at the current location to the People's Committee of the district where their house or an ancillary structure to their house is located within 15 days from the date of issuance of the notification of land expropriation from the competent authority to have the 500 kV transmission line built later and are entitled to compensation for land, houses and ancillary structures to houses according to regulations in Point a Clause 12 Article 1 of this Decree.”

15. Article 22 is amended as follows:

“Article 22. Compensation for relocation

If the owners of houses and ancillary structures to houses that may remain inside buffer zones of overhead high-voltage transmission lines wish to move out of the buffer zones, they are entitled to compensation for such relocation according to regulations of the Land Law.”

16. Article 23 is amended as follows:

“Article 23. Compensation for trees inside and outside buffer zones of high-voltage electrical grids

1. For trees existing inside the buffer zones prior to issuance of the notification of land expropriation for electrical grid construction and not required to be removed as prescribed in Clause 3 Article 12 of Decree No. 14/2014/ND-CP,  the management unit shall inspect and cut down or trim the trees to ensure safety of the electrical grid and provide compensation according to regulations of laws on compensation, assistance and relocation upon land expropriation by the state.

2. For trees existing outside the buffer zones that may violate any of the safety distances stated in Clause 2 Article 12 of Decree No. 14/2014/ND-CP,  the management unit shall inspect and cut down or trim the trees to ensure safety of the electrical grid and provide compensation equal to the amount offered for trees inside buffer zones mentioned in Clause 1 herein”

17. Clause 3 Article 25 is amended as follows:

 “3. Based on the situation in each province, Chairpersons of provincial People’s Committees shall decide establishment of provincial steering committees for handling of matters concerning high-voltage electrical grid protection. Chairpersons of provincial People’s Committees have the power to decide components and operating regulations of these committees."

Article 2.

1. Clause 2 Article 2, Clause 2 Article 6, Clause 1 and Point dd Clause 2 Article 9, Points c and d Clause 1 Article 17, Article 19, Article 21 and Point d Clause 1 Article 24 of Decree No. 14/2014/ND-CP are annulled.

2. Word replacement:

a) “thí nghiệm” (“experiment”) in Clause 5 Article 5 and Points b and dd Clause 4 Article 6 of Decree No. 14/2014/ND-CP shall be replaced with “kiểm định” (“inspect”).

b) “công trình lưới điện” (“electrical grid work”) in Clauses 2, 3, 4, 7, 10, 11, 12, 13 and 14 Article 4 and Point a Clause 2 Article 18 of Decree No. 14/2014/ND-CP shall be replaced with “lưới điện”(“electrical grid”).

Article 3. Implementing responsibilities

1. Transitional clauses

a) Projects on construction of overhead high-voltage transmission lines whose technical designs are approved prior to the effective date of this Decree may be performed based on the approved designs or have their designs modified as appropriate to the regulations of this Decree.

b) Insulated conductors of active overhead high-voltage transmission lines that do not meet the insulation requirements stated in Point b Clause 2 Article 1 of this Decree shall be renovated or replaced in accordance with the regulations of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of People’s Committees of provinces and central-affiliated cities and relevant organizations and individuals shall implement this Decree./.

Article 4. Implementation clause

This Decree takes effect from the date on which it is signed./.