Chương I: Những quy định chung

CIRCULAR

ON PROTECTION OF ELECTRICITY WORKS AND SAFETY IN ELECTRICAL SECTOR

Pursuant to the Law on Electricity dated November 30, 2024;

Pursuant to the Law on Product and Goods Quality dated November 21, 2007;

Pursuant to Decree No. 96/2022/ND-CP dated November 29, 2022 of the Government on functions, tasks, powers, and organizational structures of the Ministry of Industry and Trade; Decree No. 105/2024/ND-CP dated August 1, 2024 of the Government on amendment to Decree No. 96/2022/ND-CP dated November 29, 2022 of the Government and Decree No. 26/2018/ND-CP dated February 28, 2018 of the Government on Regulation on organization and operation of Vietnam Electricity (EVN);

At request of the Director of the Industrial Safety Techniques and Environment Agency;

The Minister of Industry and Trade promulgates Circular on protection of electricity works and safety in electrical sector.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular elaborates the Law on Electricity pertaining to protection of electricity works and safety in electrical sector, including: Clause 4 and Clause 5 Article 69, Clause 4 Article 70, Point d Clause 1 Article 71 of the Law on Electricity.

Article 2. Regulated entities

This Circular applies to:

1. Electricity entities, including: Electricity generators, transmission system operators, distribution system operators, electricity sellers;

2. Organizations and individuals conducting experiments, tests, inspections, construction, repair of electricity works, electrical equipment and appliances;

3. Organizations and individuals using electrical equipment and appliances that must be inspected according to regulations of the Ministry of Industry and Trade.

4. Agencies, organizations, and individual using electricity;

5. Other relevant organizations and individuals.

Article 3. Definitions

In this Circular, the terms below are construed as follows:

1. Electricity works owner means an organization or individual that owns power generation structures, electrical substations, electrical transmission stations, electrical distribution stations.

2. Electricity works operator means an entity that directly engages in electric operations under assignment of electrical structure owner to manage, operate power generation structures, electrical substations, electrical transmission stations, electrical distribution stations.

3. Individual operating, experimenting, testing, inspecting, building, repairing power line or electrical equipment means an employee of an entity that generates electricity, transmits electricity, distributes electricity, conducts experiments, tests, inspections, carries out construction and repair services, uses electricity for manufacturing (with separate electrical sub-stations) who directly operates, experiments, tests, inspects, builds, repairs power line or electrical equipment.

4. Use of electricity as a direct protective measure means the use of electricity of appropriate voltage connected directly to metal structure of a fence, an obstacle, an obstruction (hereinafter referred to as “electric fence”) to prevent unauthorized access to protected areas.

5. Inspecting body means an organization specializing in technical safety inspection of electrical equipment and appliances, certified by the Ministry of Industry and Trade to conduct quality inspection of products and goods in accordance with product and goods quality laws, and entitled to evaluate and accredit electrical equipment and appliances satisfactory to quality standards as per the law.

Chapter II

ELECTRICAL SAFETY

Section 1. USE OF ELECTRICITY AS A DIRECT PROTECTIVE MEASURE

Article 4. Eligibility to use electricity as a direct protective measure

Agencies, organizations, and entities shall only use electricity as a direct protective measure if all other protective measures are ineffective and if:

1. The Ministry of Public Security or Ministry of National Defense (in case of military entities) permit in accordance with regulations of the Ministry of Public Security and Ministry of National Defense.

2. The design, construction, and installation of electric fences shall conform to technical requirements under Article 5 hereof.

3. Electric fences shall only be operated if project developers have finished commissioning process as per the law, have delivered all documents and dossiers relevant to construction of the electric fences to operators who have prepared adequate personnel as per the law.

4. Prior to operating electric fences, project developers shall have the responsibility to develop and promulgate procedures, schedules for the purpose of operation, inspection, maintenance of electric fences, and electrical safety procedures.

Article 5. Technical requirements of electrical fence system

1. Electric fences shall be so designed and installed safely to avoid unwanted contact with humans and cattle, not affect normal operations of electrical systems, not endanger nearby areas or living environment, be sturdy during heavy weather, and conform to general aesthetics.

2. Electric fences can be incorporated with other protective fences or as standalone fences while meeting requirements below:

a) Where electric fences are incorporated with other protective fences, electric fences shall be above the other fences; objects carrying electricity shall be located at a minimum height of 2,5 m from the ground;

b) Where electric fences are installed as standalone fences, both sides of electric fences shall be accompanied by fences to prevent humans and animals from accidentally making contact with the electric fences. The gap between electric fences and regular fences shall be at least 2 m.

3. Sign that reads “DỪNG LẠI! CÓ ĐIỆN NGUY HIỂM CHẾT NGƯỜI” (STOP! ELECTRICAL HAZARD) shall be installed along the length of electric fences on both sides in accordance with regulations on electrical safety signs. Signs shall be permanently installed at a height of 1,7 - 2 m from the ground; each sign shall be at most 20 m away from the other.

4. Voltage of electric fences shall be:

a) Under 1.000 V in case of alternating current;

b) Not required in case of direct current.

5. Working areas of guards shall be outfitted with audio and light alarm systems. Alarm system shall automatically activate in case of power failure of the fence or the current is grounded or short circuited. The alarm shall only be deactivated by guards. Examination of operation of alarm system shall be carried out in-between shifts via the use of buttons.

6. Conducting materials shall meet technical requirements below:

a) Conducting materials of electric fences can be metal sheet, net, or wire. Where galvanized steel wire or steel mesh is used, cross section of steel wire shall be at least 6 mm2. Single thread steel wire shall not contain joints between posts. Where joint connection is necessary, 2 wire ends shall be wrapped around ceramic insulator after which the wire ends are joint by connectors, binders, or welding.

b) Conducting materials shall be fixed onto the ceramic insulator. Length-wise distance between 2 ceramic coils supporting conducting materials shall not be greater than 5 m. Gap between conducting materials of 2 adjacent wires or between the lowest wire and the ground shall be at most 0,2 m.

c) Ceramic insulators are usually placed at a 45^o angle relative to vertical plane. Where the aforementioned angle must be greater than 45^o, reinforced ceramic insulators shall be used.

Section 2. TECHNICAL SAFETY ASSESSMENT OF POWER GENERATION STRUCTURES

Article 6. Electricity generation structures of which technical safety assessment is mandatory

1. Thermal power plant;

2. Wind power project;

3. Offshore wind power project;

4. Solar power project (other than rooftop solar power project; self-producing and self-consumption rooftop solar power project).

Article 7. Technical safety assessment cycle for power generation structures

1. Initial technical safety assessment:

a) In respect of active power generation structures: Conduct initial assessment within 3 years from the date on which this Circular enters into force.

b) In respect of power generation structures that have not entered into official operation: Conduct initial assessment within 5 years from the date on which the structures enter into official operation as per the law.

2. Subsequent technical safety assessments shall be conducted once every 5 years on a periodic basis.

Article 8. Details of technical safety assessment of power generation structures

1. Technical safety assessment shall be conducted via direct inspection and assessment of power generation structure owners or operators in combination with inspection results of inspecting bodies and consist of:

a) Assessment of safety level of electrical equipment and appliances that require inspection (according to the latest periodic inspection results and visual inspection results).

b) Assessment of safety level of equipment and machinery under strict safety requirements in accordance with occupational safety and hygiene (according to the latest periodic inspection results and visual inspection results).

c) Assessment of equipment maintenance and repair, safety of structures/work items during operation and use.

d) Assessment of causes of incidents that occur during inspection interval on the basis of records on maintenance, incident rectification and handling results during reporting periods; structure conditions, and other incident causes (if any).

dd) Assessment of safety and incident risks during operation of power generation structures and incident response plans.

2. Handling of inspection and assessment results

a) Upon discovering any irregularity, defect, or issue that may causes safety problems, reinforcement, repair, or replacement (if necessary) shall be carried out to maintain safety during operation and use. Where immediate reinforcement, repair, replacement is not feasible due to practical conditions, appropriate warning measures or handling plans and roadmap shall be adopted.

b) In respect of safety risks outside of structure perimeter, power generation structure owners or operators shall immediately inform People’s Committees of districts and People’s Committees of provinces.

c) When necessary or at request of competent authorities, agencies that receive reports on technical safety assessment shall examine technical safety assessment results in accordance with electricity laws and other relevant law provisions.

Article 9. Report on technical safety assessment results

1. Before December 15 of the reporting period, power generation structure owners or operators shall compile and send report using form under Appendix I attached hereto to agencies under Clause 2 of this Article.

2. Agencies that receive the reports

a) The Industrial Safety Techniques and Environment Agency shall represent the Ministry of Industry and Trade to receive reports on technical safety assessment of power generation structures of level I or higher and power generation structures located on 2 provinces or higher.

b) Departments of Industry and Trade of provinces and central-affiliated cities shall receive reports on technical safety assessment of power generation structures in their provinces and cities other than those mentioned under Point a Clause 5 of this Article.

3. Report submission method

Power generation structure owners or operators shall submit reports in-person or via post service or via electronic system.

Section 3. DETAILS OF SAFETY INSPECTION IN ELECTRICITY GENERATION, ELECTRICITY TRANSMISSION, ELECTRICITY DISTRIBUTION, ELECTRICITY CONSUMPTION

Article 10. Details of safety inspection in electricity generation, electricity transmission, electricity distribution

1. Inspection of compliance with regulations on protection corridors of electricity works, including:

a) Inspecting compliance with regulations on protection corridors of overhead lines.

b) Inspecting compliance with regulations on protection corridors of underground cables.

c) Inspecting compliance with regulations on protection corridors of electrical substations.

d) Inspecting compliance with regulations on protection corridors of wind power works and other power generation works.

2. Inspecting compliance with electrical safety laws.

3. Inspecting compliance with regulations on technical safety inspection of electrical equipment and appliances.

Article 11. Details of safety inspection in electricity consumption

1. Safety inspection of electricity consumption for manufacturing purposes consists of:

a) Inspecting compliance of electrical systems for manufacturing purposes with technical regulations and technical standards on electricity engineering and electrical safety.

b) Inspecting installation of prohibitory signs and warning signs relating to electrical safety as per the law.

c) Inspecting training, examination, and issuance of electrical safety training card to employees constructing, repairing, renovating, managing, and operating electrical system of manufacturing facilities.

d) Inspecting management and use of electrical equipment and appliances under list of electrical equipment and appliances for mandatory technical safety inspection.

dd) Inspecting compliance with other provisions of electrical safety laws.

2. Safety inspection of electricity consumption for domestic, service purposes consists of:

a) Inspecting conditions of electrical system for domestic, service purposes relative to information registered by electricity users to electricity sellers as per the law.

b) Inspecting quality control of electrical equipment and appliances installed within electrical system for domestic, service purposes of electricity users in accordance with product and goods quality laws.

c) Inspecting safety assurance and measures taken to prevent fire from spreading to other items and equipment in case of power outage or fire of power supply system in residential buildings, structures.

dd) Inspecting compliance with other provisions of electrical safety laws.

Chapter III

TECHNICAL SAFETY INSPECTION OF ELECTRICAL EQUIPMENT AND APPLIANCES

Article 12. List of electrical equipment and appliances to be inspected

1. Electrical equipment used in areas where the risks pertaining to combustible gas and dust with nominal voltage above 1 kV, including:

a) Lightning arresters.

b) Transformers.

c) Circuit breakers.

d) Electric cables.

dd) Disconnectors, grounding switches.

2. Electrical appliances to be inspected: Discharge rods.

Article 13. Inspection details

Inspection shall conform to inspection procedures detailed under Appendix II attached hereto corresponding to individual type of electrical equipment and appliances.

Article 14. Inspection interval

1. Initial inspection shall be conducted prior to operation and use of electrical equipment, appliances.

2. Periodic inspection shall be conducted during operation and use of electrical equipment, appliances:

a) In respect of electrical equipment in active process that cannot be isolated for separate inspection, inspection shall be carried out in accordance with major equipment maintenance cycle.

b) In respect of electrical equipment on national electrical system where project developers adopt condition-based or reliability-centered repair and maintenance plans under corresponding standards, project developers shall rely on equipment condition analysis and evaluation results to determine inspection interval and criteria with a maximum inspection interval of 72 months.

c) In respect of electrical equipment and appliances not specified under Point a and Point b of this Clause, such electrical equipment and appliances shall undergo periodic inspection in accordance with regulations of manufacturers with a maximum inspection interval of 36 months.

3. Irregular inspection

a) Shall be conducted at request of competent authority.

b) Shall be conducted after incidents have been rectified, or major maintenance or repair has been conducted, or at request of organizations, individuals operating electrical equipment and appliances.

Article 15. Inspection procedures

1. Inspecting bodies shall have the responsibility to following inspection steps under promulgated procedures.

2. Handling of inspection results

a) Electrical equipment and appliances passing inspection shall have inspection seal applied thereto on such location that is visible and avoids unfavorable environmental impacts and shall be issued with physical or electronic certificate of inspection.

b) Electrical equipment and appliances not passing inspection shall not be issued with certificate of inspection while previous inspection seal (if any) is removed and inspection record stating reasons for unqualification is issued.

c) Where location of electrical equipment and appliances does not facilitate application of inspection seal in accordance with Point a of this Clause, certificate of inspection shall be issued after inspection concludes.

3. Within 10 working days from the date on which inspection concludes, inspecting bodies shall have the responsibility to issue inspection records and certificate of inspection to organizations, individuals using, operating inspected electrical equipment and appliances. Certificate of inspection conforms to Form II.7 under Appendix II attached hereto.

Article 16. Responsibilities of organizations, individuals using, operating electrical equipment and appliances

1. Prepare list of electrical equipment and appliances to be inspected.

2. Select inspecting bodies satisfactory to Article 17 hereof.

3. Adopt safety measures to protect inspectors of inspecting bodies during inspection and relevant electrical system in accordance with the Law on Electricity and guiding documents related to electrical safety.

4. Maintain and ensure conformity of electrical equipment and appliances during use after inspection concludes to Vietnam’s technical regulations, technical standards or foreign technical regulations and technical standards applicable in Vietnam.

5. Keep physical or electronic dossiers on inspection results. Keep records of at least 2 consecutive inspection intervals.

Article 17. Responsibility of inspecting body

1. Inspecting body shall meet requirements under Article 9 of Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government and obtain registration of technical safety inspection of electrical equipment and appliances as per the law.

Application and procedures for certificate of registration of technical safety inspection of electrical equipment and appliances in shall conform to Article 10, Article 11, Article 12 of Decree No. 107/2016/ND-CP amended by Clause 3 Article 3 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government.

2. Promulgate and send inspection procedures on the basis of procedures detailed under Article 15 hereof and product, goods quality laws to agencies issuing certificate of inspection registration for management, examination, and supervision.

3. Carry out inspection of electrical equipment and appliances within the scope of certificate of inspection registration and in accordance with registered inspection procedures while maintaining inspection quality and time.

4. Ensure accuracy of application for inspection operation and maintain inspection eligibility satisfactory to requirements for conformity assessment services in accordance with goods and product quality laws.

5. Ensure that all machinery and equipment for inspection purposes are inspected and calibrated in accordance with metrology laws and goods and product quality laws. Employ machinery and equipment of other organizations, entities for inspection purposes only after entering into machinery and equipment lease agreements with the owners.

6. Employ inspectors affiliated to other inspecting bodies for inspection purposes only after entering into written cooperation agreement with the other inspecting bodies and employment contracts with the inspectors.

7. Assume legal responsibility for inspection results produced by inspectors under their authority and inspectors affiliated to cooperating inspecting bodies under written agreements.

8. For the purposes of inspecting electrical equipment and appliances of a minimum voltage of 110 kV, employ at least 4 inspectors having undergraduate education level or higher in technical major appropriate to inspection subject, having 24 months or higher of experience in fields of inspection or relevant majors, having completed the required training course and examination pertaining to technical safety inspection of inspection subject.

9. Provide professional training and issue inspector card for technical safety inspection of electrical equipment and appliances as per the law.

10. Submit periodic reports on inspection results of the previous year to Ministry of Industry and Trade before January 30 of each year or irregular reports on inspection results at request of competent authority.

11. Submit reports on changes related to registered inspection eligibility within 15 days from the date on which such changes occur.

12. Comply with this Circular, regulations of the law pertaining to conformity assessment service eligibility, and other relevant law provisions.

Article 18. Responsibility of the Industrial Safety Techniques and Environment Agency

1. Assign Industrial Safety Techniques and Environment Agency to act as authority to receive and appraise application for issuance, renewal, revision, and re-issuance of certificate of inspection registration of inspection bodies in accordance with Article 10, Article 11, and Article 12 of Decree No. 107/2016/ND-CP dated July 1, 2016 of the Government amended by Clause 3 Article 3 of Decree No. 154/2018/ND-CP dated November 9, 2018 of the Government and provisions pertaining to field-specific inspection.

The Minister of Industry and Trade shall authorize Director of the Industrial Safety Techniques and Environment Agency to delegate the power to issue, renew, revise, reissue, and revoke certificate of inspection registration of inspecting bodies in accordance with goods and product quality laws.

2. Publicize list of inspecting bodies on website of the Ministry of Industry and Trade and send such list to the Ministry of Science and Technology within 15 days from the date on which certificate of inspection registration is issued.

3. Inspect and examine compliance with regulations of the law in technical safety inspection of electrical equipment and appliances of inspecting bodies, organizations, individuals using, operating electrical equipment and appliances.

4. Provide guidelines on implementation of regulations on technical safety inspection of electrical equipment and appliances.

Article 19. Responsibilities of People’s Committees of provinces

Inspect and examine technical safety inspection of electrical equipment and appliances of inspecting bodies, organizations, individuals using, operating electrical equipment and appliances in their provinces and cities.

Chapter IV

IMPLEMENTATION

Article 20. Entry into force

1. This Circular comes into force from February 01, 2025.

2. The following documents expire from the effective date hereof:

a) Circular No. 13/2022/TT-BCT dated August 25, 2022 of the Ministry of Industry and Trade.

b) Circular No. 05/2021/TT-BCT dated August 2, 2021 of the Ministry of Industry and Trade.

c) Circular No. 33/2015/TT-BCT dated October 27, 2015 of the Ministry of Industry and Trade.

d) Decision No. 07/2006/QD-BCN dated April 11, 2006 of the Ministry of Technology.

3. Annul Article 3 of Circular No. 28/2017/TT-BCT dated December 8, 2017 of the Ministry of Industry and Trade from the effective date hereof.

Article 21. Transition clauses

1. Certificate of inspection registration issued by the Ministry of Industry and Trade before the effective date hereof shall remain valid until new issuance, renewal, revision, or re-issuance.

2. Applications submitted by applicants for technical safety inspection of electrical equipment and appliances and being appraised by the Ministry of Industry and Trade (via Industrial Safety Techniques and Environment Agency) before the effective date hereof shall comply with regulations of the law applicable as of the date of application. Where competent authority request revision or addition to the application after the effective date hereof, the applications shall then conform to this Circular.

Article 22. Organizing implementation

1. The Industrial Safety Techniques and Environment Agency is responsible for guiding, examining, and supervising the implementation of this Circular.

2. Where documents referred to in this Circular are amended or superseded, the newer versions shall prevail.

3. Difficulties that arise during implementation of this document shall be promptly reported to the Ministry of Industry and Trade (via Industrial Safety Techniques and Environment Agency)./.

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