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CIRCULAR

ON DETERMINATION OF ELECTRICITY PAYMENT IN CASES WHERE METERING DEVICES ARE INACCURATE, INOPERATIVE, OR LOST

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 defining the functions, tasks, powers, and organizational structure of the Ministry of Industry and Trade; Decree No. 105/2024/ND-CP dated August 1, 2024 on amendments to Decree No. 96/2022/ND-CP and Decree No. 26/2018/ND-CP dated February 28, 2018 of the Government on the Charter for the Organization and Operation of Vietnam Electricity Group;

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

The Minister of Industry and Trade hereby promulgates this Circular on determination of electricity payment in cases where metering devices are inaccurate, inoperative, or lost.

Article 1. Scope and regulated entities

1. This Circular provides regulations on determining electricity payment in cases where metering devices are inaccurate as per metrological technical standards, when electricity purchasers use electricity during the period in which metering systems are damaged, causing the electricity meter to cease operation, and when electricity purchasers use electricity during the period in which the electricity meter is lost as stipulated in Clause 6, Article 48 of the Law on Electricity No. 61/2024/QH15.

2. This Circular applies to retail electricity providers, electricity consumers, and relevant agencies, organizations, and individuals.

Article 2. Determination of cases where metering devices are inaccurate or inoperative

1. The process of detecting and inspecting metering devices that are inaccurate or inoperative shall be carried out as follows:

a) If there is suspicion or detection that a metering device is operating inaccurately or is inoperative, the electricity seller or the electricity purchaser shall be responsible for notifying the other party and cooperating to prepare a record of the incident. The electricity seller shall prepare the record in written form or as a legally valid electronic message in accordance with legal regulations, which must be signed and confirmed by the electricity purchaser;

b) In case the representative of the electricity purchaser is absent, authorization shall be carried out in accordance with relevant legal regulations. If the electricity purchaser uses electricity for residential purposes, their legal representative, as stipulated by law, shall have the right to sign the record. If the electricity purchaser refuses to sign the record, the electricity seller shall state the reason in the record and obtain the signature of a representative from the local government authority or the local police agency;

c) If it is necessary to dismantle the metering device for inspection, the electricity seller must notify the electricity purchaser so that they can witness the dismantling and testing of the device. The dismantled metering device must remain sealed as verified by the testing organization. The metering device and other relevant equipment must be retained, packaged, and sealed (with the sealing document signed by representatives of both the electricity purchaser and the electricity seller);

d) If the electricity purchaser refuses to sign the sealing document as specified in point c of this clause, the electricity seller must obtain the signature of a representative from the local government authority or the local police agency to witness that the electricity purchaser refused to sign the sealing document.

2. The inspection record must clearly state the time and place of inspection, a detailed description of the condition and observable issues of the metering device, and the reason for dismantling the metering device (if applicable). If the dismantling of the metering device is required as stipulated in points c and d of clause 1 of this Article, after the dismantling and the preparation of the inspection record, the involved parties must witness the verification of the metering device at the testing organization. If any party is absent from the verification process without a valid reason, they shall still be required to acknowledge the inspection results.

3. In case the electricity purchaser suspects that the metering device is inaccurate, the electricity purchaser shall comply with the following regulations:

a) Shall have the right to act in accordance with Clause 5, Article 56 of the Law on Electricity and the provisions of this Circular;

b) Shall be obliged to pay the inspection costs as stipulated in Point a, Clause 6, Article 56 of the Law on Electricity;

c) Shall cooperate with the electricity seller to prepare a record of the incident to document and resolve the matter in accordance with the provisions of this Article.

Article 3. Determination of cases where electricity meters are lost

1. Upon detecting a lost electricity meter, the electricity seller shall request the local police authority to participate in the verification process in accordance with this Circular and other relevant legal regulations. The electricity seller shall notify the other party and coordinate to prepare a record of the incident. The electricity seller shall prepare the record in written form or as a legally valid electronic message as prescribed by law, which must be signed and confirmed by the electricity purchaser.

2. If the electricity purchaser’s representative is absent, authorization shall be carried out in accordance with relevant legal regulations. If the electricity purchaser uses electricity for residential purposes, their legal representative shall have the right to sign the record. If the electricity purchaser refuses to sign the record, the electricity seller shall state the reason in the record and obtain the signature of a representative from the local government authority or the local police agency.

3. The record must clearly state the time, location of the inspection, and a detailed description of the incident.

Article 4. Electricity payment in cases where metering devices are inaccurate, inoperative, or lost

1. If the electricity purchaser agrees with the electricity seller's determination that the metering device is inaccurate, inoperative, or lost as specified in Articles 2 and 3 of this Circular, the electricity payment to be refunded by the electricity seller or collected from the electricity purchaser during the period when the metering device is inaccurate, inoperative, or lost shall be calculated based on the amount of electricity to be refunded or collected, multiplied by the applicable retail electricity price during the same period.

2. If a backup metering device is installed, the electricity seller and electricity purchaser may agree to use the backup metering device as a substitute for the main metering device to determine the electricity consumption exchanged between the parties during the period when the main metering device was inaccurate, inoperative, or lost. The amount of electricity to be refunded or collected in each case shall be determined in accordance with clauses 3, 4, 5, and 6 of this Article.

3. In cases where the metering device operates inaccurately compared to the required metrological technical standards, the amount of electricity that the electricity seller must refund to or collect from the electricity purchaser shall be determined as follows:

a) If the period during which the metering device operated inaccurately can be determined, the electricity seller must refund the excess measured electricity to the electricity purchaser or collect the under-measured electricity from the electricity purchaser;

b) If the period during which the metering device operated inaccurately cannot be determined, the electricity seller must refund the excess measured electricity to the electricity purchaser or collect the under-measured electricity from the electricity purchaser, based on a calculation period of two consecutive electricity index recording cycles, including the ongoing cycle up to the next scheduled index recording date.

4. In cases where the electricity purchaser uses electricity during the period when the measurement circuit or metering device is damaged or faulty, leading to a three-phase meter only measuring one or two phases, the electricity seller shall collect the missing electricity consumption from the lost phase(s), determined based on the average electricity consumption of the remaining active phases. The period of incomplete metering shall be determined from the time the damage or fault was recorded in the meter’s memory or the remote metering data collection system until the measurement circuit or metering device is replaced and restored to normal operation. If the exact time of damage or fault cannot be determined, the period of incomplete metering shall be calculated from the most recent recorded electricity index date to the date the measurement circuit or metering device is replaced and restored to normal operation.

5. In cases where the electricity purchaser uses electricity during the period when the electricity meter is inoperative or lost, the electricity consumption during this period shall be calculated as follows:

a) The hourly average electricity consumption over three consecutive electricity index recording cycles, including the ongoing cycle up to the next scheduled index recording date, multiplied by the actual number of hours of electricity usage. The hourly average electricity consumption shall be obtained from data recorded in the remote metering data collection system or calculated by mutual agreement based on the capacity of the actual electricity-consuming equipment;

b) If there is insufficient data to determine the hourly average electricity consumption, the daily average electricity consumption over three consecutive electricity index recording cycles, including the ongoing cycle up to the next scheduled index recording date, shall be used, multiplied by the actual number of days of electricity usage. The daily average electricity consumption shall be obtained from data recorded in the remote metering data collection system or calculated by mutual agreement based on the capacity of the actual electricity-consuming equipment;

c) The actual number of hours or days of electricity usage specified in points a and b of this clause shall be calculated from the time (hour, day) when the meter stopped recording electricity consumption in the meter’s memory or the remote metering data collection system until the time (hour, day) when the meter is replaced and restored to normal operation;

d) If the exact time when the electricity meter became inoperative or was lost cannot be determined, the actual number of days of electricity usage shall be calculated from the most recent recorded electricity index date to the date the meter is replaced and restored to normal operation.

6. In cases where the electricity purchaser uses electricity during the period when the electricity meter is being replaced, based on the incident report mutually agreed upon by both parties in accordance with this Circular, the electricity consumption shall be calculated by multiplying the average power consumption at the time of meter removal and reinstallation by the actual number of hours taken to replace the meter, measured from the time of removal to the time of reinstallation.

Article 5. Implementation

1. This Circular comes into force as of February 1, 2025.

2. During the implementation process, if any issues arise, relevant entities are requested to report them to the Ministry of Industry and Trade for review and amendment if necessary./.

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