Chương II: Các trường hợp ngừng, giảm mức cung cấp điện

CIRCULAR

ON PROCEDURES FOR REDUCING, DISCONNECTING ELECTRICITY SUPPLY

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

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 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;

At request of the Director of Electricity Regulatory Authority of Vietnam;

The Minister of Industry and Trade promulgates Circular on procedures for reducing, disconnecting electricity supply.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular prescribes procedures for reducing, disconnecting electricity supply.

Article 2. Regulated entities

1. Electricity distribution operator.

2. Electricity retailer.

3. Electricity consumer.

4. Vietnam Electricity (EVN).

5. National load dispatch center.

6. Relevant organization, individual.

Article 3. Definitions

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

1. Electricity seller (hereinafter referred to as “the Seller”) means an entity that sells electricity to the Buyer under Clause 2 of this Article.

2. Electricity buyer (hereinafter referred to as “the Buyer”) includes: Electricity retailer and Electricity consumer.

3. Maximum grid input means the highest power capacity that power corporations, provincial electricity companies receive from the national power grid and import from boundary metering locations.

4. Available capacity means total power available of all power sources in the grid converted to generator poles and power of electricity import measured at boundary metering locations in a definite period of time.

5. Capacity used by power corporations, provincial electricity companies means the maximum grid input that power corporations, provincial electricity companies are allowed to use in case national power grid suffers from capacity deficiency.

6. Electricity distribution operator means an electricity entity licensed to distribute electricity and includes:

a) Power Corporations;

b) Electricity companies of provinces and central-affiliated cities (hereinafter referred to as “provincial electricity companies”) affiliated to Power Corporations;

c) Electricity companies of districts affiliated to Power Corporation of Hanoi City, Power Corporation of Ho Chi Minh City.

7. Available electricity of the system means total electricity that can be uploaded onto the grid of all power sources in electrical grid converted to generator poles and electricity imported at boundary metering locations in years, months, weeks, days.

8. Capacity deficiency means a situation where reserve capacity of electrical grid falls below 3% on at least 3 days in a week.

9. Electricity shortfall means a situation where available electricity of electrical grid is lower than total electricity demand of grid load (exported electricity included) converted to generator poles.

10. Electricity supply shortfall means a situation where national electrical grid experiences either capacity deficiency, electricity shortfall, or capacity deficiency and electricity shortfall.

11. Input electricity means electricity that power corporations and provincial electricity companies received from national power grid at boundary metering locations.

12. Electricity allocated to power corporations, provincial electricity companies in months, weeks, days means the highest electricity that power corporations, provincial electricity companies are allowed to use in months, weeks, days in case of electricity shortfall where electricity distribution is required.

Article 4. Notice of electricity supply reduction, disconnection

1. Where electricity supply is reduced or disconnected regardless of situation, the Seller must inform the Buyer in advance except for cases detailed under Article 6 hereof.

2. Notice of electricity supply reduction, disconnection contains:

a) Where electricity reduction, disconnection occurs; reduced capacity or reduced maximum supply capability;

b) Reason for electricity supply reduction, disconnection;

c) Starting time of electricity supply reduction, disconnection;

d) Expected time of electricity supply restoration.

3. An individual affiliated to the Seller who signs notice of electricity supply reduction, disconnection shall be:

a) Legal representative or authorized representative of the Seller;

b) Titled individual authorized to sign notice of electricity supply reduction, disconnection according to power purchase agreement (PPA).

4. Notice of electricity supply reduction, disconnection shall be carried out in format agreed upon by the parties and specified in PPA.

Chapter II

SITUATIONS REQUIRING ELECTRICITY SUPPLY REDUCTION, DISCONNECTION

Article 5. Electricity supply reduction, disconnection due to repair, maintenance demand or other demand according to plan

The Seller shall reduce, disconnect electricity supply to accommodate repair, maintenance demand or other demands, to be specific:

1. Electricity supply reduction, disconnection is implemented to facilitated repair, maintenance, renovation, construction demands and other demands according to plan of the Seller or at request of organizations, individuals in order to ensure construction safety for structures of national interest, public interest.

2. Electricity supply reduction, disconnection is implemented at request of the Buyer.

3. Electricity supply disconnection is implemented at request of relevant organizations, individuals to ensure safety of construction of structures not mentioned under Clause 1 of this Article. Relevant organizations and individuals cooperate with the Seller in determining area affected by electricity supply reduction, disconnection and reporting to local authority prior to execution.

Article 6. Electricity supply reduction, disconnection due to force majeure or incident beyond control of the Seller and potentially causing serious safety violations for users, equipment or due to electricity shortfall threatening electrical grid safety

The Seller shall implement electricity supply reduction, disconnection due to force majeure or incident beyond their control and potentially causing serious safety violations for users, equipment or due to electricity shortfall threatening electrical grid safety, to be specific:

1. Where incident occurs on electrical grid supplying the Buyer; incident occurs in electrical system causing power outage beyond control of the Seller.

2. Where risk of serious accidents or safety violations may occur to human, electrical equipment, electrical appliances.

3. Where electricity shortfall threatens the safety and supply-demand balance of electrical system.

4. Where force majeure occurs.

Article 7. Electricity supply reduction, disconnection due to violation of the law of organizations, individuals

The Seller has the right to disconnect electricity supply if organizations, individuals violate regulations of the law, to be specific:

1. The Buyer fails to pay electricity bill in accordance with Clause 4 Article 48 of the Law on Electricity.

2. The Buyer commits any of the violations detailed under Clauses 2, 4, 7, 8, 9, and 11 Article 9 of the Law on Electricity;

3. Where competent authority requests so as a form of forceful electricity supply cutoff in accordance with regulations of the Government on administrative penalties in electricity.

4. Where organizations, individuals commit other violations of the law and must be met with electricity supply disconnection at request of competent authority.

Chapter III

PROCEDURES FOR REDUCING, DISCONNECTING ELECTRICITY SUPPLY

Article 8. Procedures for reducing, disconnecting electricity supply due to repair, maintenance demand or other demand according to plan

1. Where electricity supply reduction, disconnection is implemented due to repair, maintenance demand or other demand according to plan, the Seller must inform the Buyer at least 5 days ahead of the date on which reduction, disconnection occurs via:

a) Written notice or notice in other format agreed upon by the parties in PPA in respect of buyers with average consumption exceeding 100.000 kWh/month;

b) Announcement on mass media or other media agreed upon in PPA in respect of remaining users for 3 consecutive days. The first notice must published at least 5 days before the date on which electricity supply reduction, disconnection is implemented.

2. After notifying electricity supply reduction, disconnection, the Seller shall have the responsibility to reduce, disconnect electricity supply as per notice. Where electricity supply reduction, disconnection is not implemented in accordance with the notice, the Seller is responsible for informing the Buyer at least 24 hours before the notified time of electricity supply reduction, disconnection.

3. Where the Buyer requests changes to notified time of electricity supply reduction, disconnection, the Buyer shall communicate with the Seller at least 48 hours before the notified time of electricity supply reduction, disconnection. The Seller has the responsibility to review and process request of the Buyer, to be specific:

a) Where electricity supply reduction, disconnection cannot be changed, the Seller shall proceed according to plan while informing the Buyer about causes at least 24 hours before the notified time of electricity supply reduction, disconnection;

b) Where change to time of electricity supply reduction, disconnection is approved, the Seller shall inform the Buyer at least 24 hours before the notified time of electricity supply.

4. Following electricity supply reduction, disconnection, the Seller shall specify time, details, and sequences of actions for electricity supply reduction, disconnection to working record or operational logbook.

5. The Seller shall restore electricity supply in accordance with notified time limit. Where the time in which electricity supply is restored is delayed by at least 1 hour, the Seller must inform customers with average electricity purchase exceeding 100.000 kWh/month about time of electricity supply restoration via telephone or other means agreed upon by the parties under PPA.

Article 9. Procedures for reducing, disconnecting electricity supply due to force majeure or incident beyond control of the Seller and potentially causing serious safety violations for users, equipment or due to electricity shortfall threatening electrical grid safety

Where any of the situations detailed under Article 6 hereof occurs, the Seller has the right to reduce, disconnect electricity supply and:

1. Determine causes, affected area, and expected time of restored electricity supply.

2. Inform the Buyer via means agreed upon by the parties under PPA, including details under Clause 1 of this Article within 24 hours from the moment in which electricity supply is reduced, disconnected in case of force majeure or incident beyond control of the Seller and potentially causing serious safety violations for humans, equipment or in case of electricity shortfall threatening safety of electrical system.

3. The Seller shall specify time, causes, and sequences of actions for electricity supply reduction, disconnection to working record or operational logbook

4. Where electricity supply reduction, disconnection is implemented as a result of electricity shortfall threatening supply-demand balance of electrical system, the Seller shall ensure that the only the calculated load is cut or reduced in accordance with provisions on development and implementation of electricity supply plans in case of electricity supply shortfall according to Appendix I hereof.

5. Cooperate with relevant parties in hastily rectifying causes of electricity supply reduction, disconnection in order to restore electricity supply as soon as possible.

Article 10. Procedures for reducing, disconnecting electricity supply reduction, disconnection due to violation of the law of organizations, individuals

1. In respect of cases detailed under Clause 1 Article 7 hereof

a) Where agreement on extension of payment deadline of electricity bill has not been reached and where the Buyer has been informed about electricity bill payment twice in at least a three-day period, the Seller has the right to disconnect electricity supplied to the Buyer. The date on which the Seller disconnects electricity supply shall be agreed upon by the parties and stated in PPA and shall take place within 10 days from the date on which the Seller issues the first notice.

b) Where agreement on extension of electricity bill payment deadline has been reached and where the Buyer fails to pay electricity bill by the end of the extended deadline, the Seller has the right to disconnect electricity supplied for the Buyer;

c) For the purpose of disconnecting electricity supply, the Seller must notify the Buyer at least 24 hours ahead of the disconnection and shall assume no liabilities caused by the disconnection.

2. In respect of cases detailed under Clause 2 Article 7 hereof

The Seller has the right to disconnect electricity supply upon receiving notice of administrative violation and request of competent persons in accordance with regulations of the Government on administrative violations in electricity. The Seller has the responsibility to send notice of electricity supply disconnection to the Buyer at least 24 hours ahead of electricity supply disconnection. Where the Buyer fails to cease violation and fails to remediate consequences caused by said violation within the aforementioned time limit, the Seller has the right to disconnect electricity supply as per notice.

3. In respect of cases detailed under Clause 3 and Clause 4 Article 7 hereof

The Seller shall inform the Buyer about electricity supply disconnection at least 24 hours before the time of disconnection and state reason for disconnection. Following electricity supply disconnection, the Seller shall inform state authority requesting the disconnection about the disconnection.

4. Restored electricity supply shall only be implemented:

a) Electricity bill has been adequately paid in respect of disconnection conforming to Clause 1 Article 7;

b) The Buyer has adequately complied with decision imposing administrative penalties of competent authorities, ceased violation, and remediated consequences caused by said violation in respect of disconnection conforming to Clause 2 Article 7;

c) Competent authorities request restored electricity supply in writing in respect of disconnection conforming to Clause 3 and Clause 4 Article 7.

Chapter IV

REPORTING AND SUPERVISING ELECTRICITY SUPPLY REDUCTION, DISCONNECTION

Article 11. Monthly report

1. Power Corporation of Hanoi City, Power Corporation of Ho Chi Minh City, provincial electricity companies, electricity distribution operators, and electricity retailers licensed to engage in electricity operation and possessing electrical substations of which total capacity is 3 MVA or higher have the responsibility to consolidate and submit reports on results of electricity supply reduction, disconnection of the previous month under their authority to local Departments of Industry and Trade via post service or email before the 15^th of each month. The report contains:

a) Monthly summary report using form under Appendix II attached hereto;

b) Monthly detail report using form under Appendix III attached hereto.

2. Power Corporations shall have the responsibility to submit written reports on electricity supply reduction, disconnection of the previous month under their authority to the Ministry of Industry and Trade via post service or email before the 15^th of each month. The report contains elements detailed under Point a and Point b Clause 1 of this Article.

Article 12. Irregular report

1. Where electricity supply reduction, disconnection is implemented in case of force majeure or incident beyond control of the Seller and potentially causing serious safety violations for electrical equipment or in case of electricity supply shortfall threatening safety of electrical system on a wide scale in national grid as a result of serious incidents, EVN shall have the responsibility to submit report to the Ministry of Industry and Trade via email or fax immediately or within 36 hours since the incident.

2. Where electricity supply reduction, disconnection is implemented in case of force majeure or incident beyond control of the Seller potentially causing serious safety violations for humans, equipment or in case of electricity supply shortfall threatening safety of electrical system in the event of incidents involving 220 kV transmission grid or 110 kV electrical substations that are crucial for supplying electricity to an area:

a) EVN and Power Corporations shall have the responsibility to submit reports to the Ministry of Industry and Trade via email or fax immediately after the incident occurs and in writing within 36 hours from the date on which the incident occurs.

b) Power Corporation of Hanoi City, Power Corporation of Ho Chi Minh City, provincial electricity companies shall have the responsibility to submit reports to local Departments of Industry and Trade via email or fax immediately after the incident occurs and in writing within 36 hours from the date on which the incident occurs.

3. The Seller shall have the responsibility to submit report on electricity supply reduction, disconnection in writing via post service or email at request of the Ministry of Industry and Trade or local Departments of Industry and Trade.

4. Irregular reports shall contain elements detailed under Clause 2 Article 4 hereof.

Article 13. Report of provincial electricity companies in case of electricity supply reduction, disconnection due to electricity supply shortfall

1. Weekly report

Each provincial electricity company has the responsibility to submit report on current electricity supply situation from the Friday of week W-1 to the Thursday of week W to relevant regional Power Corporation, provincial People’s Committee, and Department of Industry and Trade before 11 a.m. of Friday of week W.

Weekly reports submitted by provincial electricity companies shall conform to report form under Appendix IV attached hereto.

2. Monthly report

Each provincial electricity company shall have the responsibility to submit report on electricity supply and reduction in their province or city of the previous month to relevant regional Power Corporation, provincial People’s Committee, and Department of Industry and Trade before the 5^th of each month. The report consists of:

a) Electrical production, maximum power allocated and implemented by the electricity company in the month;

b) Estimation of electrical production, load capacity reduced in the month;

c) Allocation of electrical production, reduced capacity to major electricity users and remaining customers in the province;

d) Analysis and identification of causes in case electricity supply in practice differs from monthly plan approved by provincial People’s Committee.

Monthly reports submitted by provincial electricity companies shall conform to report form under Appendix IV attached hereto.

Article 14. Report of Power Corporations in case of electricity supply reduction, disconnection due to electricity supply shortfall

1. Weekly report

a) Power Corporation of Hanoi City and Power Corporation of Ho Chi Minh City shall have the responsibility to submit report on electricity supply in their cities to respective People’s Committees of city, Department of Industry and Trade in accordance with Clause 1 Article 13 hereof;

b) Power Corporations shall have the responsibility to submit report on electricity supply and reduction from Friday of week W-1 to Thursday of week W to EVN and Ministry of Industry and Trade before 2 p.m. of week W. The report consists of:

- Electrical production, maximum power allocated and implemented by the Power Corporation each day in the week;

- Electrical production, power allocated to affiliated provincial electricity companies, and electricity load reduction of provincial electricity companies (in respect of regional Power Corporation)

- Analysis and identification of causes in case electrical production or power in practice deviates from allocated value by at least 10%.

Weekly reports submitted by Power Corporations shall conform to report form under Appendix V attached hereto.

2. Monthly report

a) Power Corporation of Hanoi City and Power Corporation of Ho Chi Minh City shall have the responsibility to submit report on electricity supply in their cities to respective People’s Committees of city, Department of Industry and Trade in accordance with Clause 2 Article 13 hereof;

b) Power Corporations shall have the responsibility to submit report on electricity supply of the previous month to EVN and Ministry of Industry and Trade before the 7^th of each month. The report consists of:

- Electrical production, maximum power allocated and implemented by the Power Corporation each week in the month and for the whole month;

- Estimation of electrical production, load capacity reduced in each week of the month;

- Electricity production, power allocated to affiliated provincial electricity companies, and electricity load reduction of provincial electricity companies (in respect of regional Power Corporation);

- Analysis and identification of causes in case electrical production or power in practice deviates from allocated value by at least 5%.

Monthly reports submitted by Power Corporations shall conform to report form under Appendix V attached hereto.

Article 15. Report of EVN in case of electricity supply reduction, disconnection due to electricity supply shortfall

1. Weekly report

EVN shall have the responsibility to submit report on electricity supply and reduction of national power grid from Friday of week W-1 to Thursday of week W to Ministry of Industry and Trade before 4 p.m. of week W. The report consists of:

a) Electrical production, available capacity of the system and electrical production, capacity allocated to Power Corporations in the week;

b) Maximum capacity, daily electrical production, and total electrical production of the entire system and individual Power Corporations in the week.

Weekly reports submitted by EVN shall conform to report form under Appendix VI attached hereto.

2. Monthly report

EVN shall have the responsibility to submit report on electricity supply of the previous month to the Ministry of Industry and Trade before the 10^th of each month. The report consists of:

a) Electrical production, available capacity of the system and electrical production, capacity allocated to Power Corporations in each week of the month;

b) Maximum capacity, weekly electrical production, and total electrical production of the entire system and individual Power Corporations in the month;

c) Estimation of electrical production, reduced maximum capacity of individual Power Corporations and the entire system in each week of the month.

d) Analysis and identification of causes in case electrical production of the entire system in practice deviates from approved monthly and annual operating plans by at least 5%.

Monthly reports submitted by EVN shall conform to report form under Appendix VI attached hereto.

Article 16. Supervising electricity supply reduction, disconnection

1. Where electricity supply reduction, disconnection is implemented as a result of electricity supply shortfall, Power Corporations have the responsibility to:

a) supervise implementation of maximum electrical production and capacity allocated to provincial electricity companies and ensure that provincial electricity companies comply with allocated electrical production and capacity;

b) supervise electricity reduction of provincial electricity companies and ensure that such reduction complies with Article 16 hereof.

c) inform National load dispatch center about implementation results of allocated electrical production and capacity of day D-1 before 8 a.m. of each day.

2. Where electricity supply reduction, disconnection is implemented as a result of electricity supply shortfall, EVN has the responsibility to:

a) supervise implementation of maximum electrical production and capacity allocated to power Corporations and ensure that Power Corporations comply with allocated electrical production and capacity;

b) supervise electricity supply implemented by Power Corporations and provincial electricity companies and ensure that reduction to electricity supply adheres to Article 16 hereof.

3. Departments of Industry and Trade have the responsibility to:

a) take charge and cooperate with Power Corporation of Hanoi City, Power Corporation of Ho Chi Minh City, provincial electricity companies in requesting provincial People's Committees to approve registers of customers prioritized for electricity in case of electricity supply reduction, disconnection implemented by the Seller on an annual basis depending on political, social, national defense and security needs;

b) supervise electricity supply reduction, disconnection implemented by the Power Corporation of Hanoi City, Power Corporation of Ho Chi Minh City, provincial electricity companies, electricity distribution operators, and local electricity retailers in accordance with this Circular.

c) supervise electricity supply implemented by local electricity companies on the basis of allocated electrical production and capacity during electricity supply shortfall;

d) supervise local electricity supply in accordance with approved plans and principles under Article 6 Appendix I hereof during electricity supply shortfall;

dd) supervise electricity consumption of users whose load profiles have been agreed upon by local provincial electricity companies during electricity supply shortfall.

4. Ministry of Industry and Trade has the responsibility to:

a) oversee electricity supply reduction, disconnection implemented by electricity entities in accordance with this Circular.

b) oversee allocation and implementation of electrical production and capacity during electricity supply shortfall in accordance with principles under Article 6 Appendix I hereof.

Chapter VI

ORGANIZING IMPLEMENTATION

Article 17. Organizing implementation

1. The Ministry of Industry and Trade shall have the responsibility to popularize, provide guidelines, and inspect compliance with this Circular.

2. EVN shall have the responsibility to coordinate affiliated entities to implement electricity supply reduction, disconnection in accordance with this Circular.

Article 18. Entry into force

1. This Circular comes into force from February 1, 2025. Circular No. 22/2020/TT-BCT dated November 14, 2013 of the Minister of Industry and Trade, Circular No. 34/2011/TT-BCT dated September 7, 2011 of the Minister of Industry and Trade, and Circular No. 23/2020/TT-BCT dated September 9, 2020 of the Minister of Industry and Trade expire from the effective date hereof.

2. Annul Article 6, Clause 4 and Clause 5 Article 9 of Circular No. 12/2024/TT-BCT dated August 1, 2024 of the Minister of Industry and Trade.

3. Difficulties that arise during implementation of this Circular should be reported to the Ministry of Industry and Trade./.

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