Chapter IX
DISPUTE SETTLEMENT AND VIOLATION HANDLING
Section 1 : DISPUTE SETTLEMENT
Article 103. Order for dispute settlement in electricity market
1. The disputes arising in the electricity market shall be settled as per the Regulation on order and procedures for dispute settlement in the electricity market issued by the Ministry of Industry and Trade.
2. Before carrying out the dispute settlement under the provisions in Clause 1 of this Article, within 60 days from the time of arising dispute in electricity market, the parties must conduct the negotiation to settle their dispute in one of the following forms:
a) Negotiation;
b) Reconciliation.
Article 104. Responsibilities of parties in self-settlement of dispute
1. Reaching an agreement on the form of self-settlement of dispute, time and location of negotiation.
2. Fully, honestly and accurately providing the necessary information and documents related to the contents under dispute.
3. Providing legal evidence to protect legal rights and interests.
4. Participating in the negotiation with the spirit of goodwill and cooperation.
5. During the process of self-settlement of dispute, if the dispute is detected to have signs of violating regulations on electricity market, the detecting party shall notify the other party in order to stop their self-settlement of dispute and report to the Electricity Regulatory Authority.
Article 105. Notification of dispute and negotiation preparation
1. When there is any dispute, the requester shall notify in writing the requestee of the dispute and request the dispute settlement and send 01 (one) copy to the Electricity Regulatory Authority for report.
2. Within 15 days from the receipt of notification, the parties must agree upon the form of dispute settlement, contents to be settled, time and location of negotiation. In case of choice of form of reconciliation through intermediary, the parties must agree upon choosing the intermediary. The parties may agree upon the change of intermediary before the estimated time of reconciliation agreed.
Article 106. Organization of self-settlement of dispute
1. Negotiation
The parties shall discuss and agree upon the contents to be settled.
2. Reconciliation
a) The parties may invite experts or request the Electricity Regulatory Authority to appoint its official to be the intermediary and agree upon the responsibility of intermediary;
b) The parties shall provide the intermediary with the contents of dispute, information and document related to the dispute and requirements for settlement of each party.
c) The parties may agree with the settlement plan of the intermediary; request the intermediary to modify or supplement such settlement plan or agree by themselves with the new settlement plan.
Article 107. Record of self-settlement of dispute
1. After the end of self-settlement of dispute or the end of time limit for self-settlement of dispute, the disputing parties shall make a record of self-settlement of dispute including the following contents:
a) Time and location for self-settlement of dispute;
b) Name and address of parties involved in self-settlement of dispute;
c) Summary of dispute contents;
d) Requirements of the parties;
dd) Contents agreed by the parties;
e) Contents the parties fail to agree upon and reasons for failure
2. Within 05 days from the date of record of self-settlement of dispute, the parties shall send the Electricity Regulatory Authority 01 (one) for report.
Article 108. Dispute settlement at the Electricity Regulatory Authority
1. The parties have their right to refer the case to the Electricity Regulatory Authority for settlement in the following cases:
a) Upon the end of time limit for self-settlement of dispute specified in Clause 2, Article 103 of this Circular but the dispute cannot be settled or the self-settlement of dispute cannot be held because one party does not participate in the self-settlement of dispute.
b) One party does not adhere to the contents agreed in the Record of the self-settlement of dispute.
2. After receiving the valid dossier for dispute settlement under regulations, the Electricity Regulatory Authority shall settle it in the order and procedures specified in the Regulation on order and procedures for dispute settlement in the electricity market which the Ministry of Industry and Trade has issued.
Section 2 : VIOLATION HANDLING
Article 109. Violation detection and report
1. The acts of violation in the electricity market detected must be reported to the Electricity Regulatory Authority in writing.
2. The contents of report include:
a) Date of report;
b) Name, address of organization or individual making report;
c) Name, address of organization or individual committing acts with violating signs;
d) Description of acts with violating signs;
dd) Time and location of occurrence of acts with violating signs;
e) Reasons for detecting acts with violating signs (if any).
Article 110. Verification of acts of violation
1. Within 05 days from the date of receipt of case concerning acts with violating signs, the Electricity Regulatory Authority shall handle the case and shall inform in writing to the reporting organization or individual in case of failure to handle.
2. After handling the case, the Electricity Regulatory Authority shall verify the acts with violating signs. During the verification, the Electricity Regulatory Authority has the right to:
a) Require the unit with violating signs and the units concerned to provide information and documents necessary for the verification;
b) Require the unit with violating signs to explain;
c) Hold an expertise and gather opinions from specialist or agencies or units concerned.
d) Convene the unit with violating signs and the units affected due to violating acts for opinions about the way of settlement and remedy of violating acts.
3. During the verification, the Electricity Regulatory Authority must maintaining the confidentiality of the information and materials provided under the regulations on information security specified in this Circular and other legal regulations related to the confidentiality of the information.
Article 111. Making record of administrative violation
1. Within 60 working days from the date of verification, the Electricity Regulatory Authority shall terminate the verification and make record of administrative violation for violating acts of regulation on operation of electricity market. If the case has complicated details, the verification time may be extended but not exceeding 30 working days from the end date of verification.
2. The record of administrative violation is made under regulation on sanctioning of admnistrative violation in the field of electricity.
3. If the result of verification indicates that the reported acts do not violate the regulations on operation of electricity market, the Electricity Regulatory Authority shall stop its verification and notify the reporting organization or individual as well as the verified organization or individual.
Article 112. Forms of handling of violation
1. The violating unit must undergo one of the form or degree of sanction for each violating act specified in Article 14 of Decree No. 134/2013/ND-CP dated 17 October 2013 stipulating the sanction of administrative violation in the field of electricity, safety of hydroelectric dam, thrifty and effective use of energy.
2. For the power plants with violating acts specified in Clause 1, Article 8 of this Circular, in addition to the sanction of administrative violation specified in Clause 1 of this Article, their right to participate in electricity market shall be suspended.
Article 113. Order and procedures for suspending the right to participate in electricity market
1. Where the power plants commit violating acts specified in Clause 1, Article 8 of this Circular, within 05 (five) days from the date of issuing Decision on sanction of administrative violation or from the date of issuing the written conclusion on violating acts causing serious consequences on security of power supply or finance to other units in the electricity market, the Electricity Regulatory Authority shall review and issue a decision on suspending the right to participate in electricity market to the power plants committing the violating acts and send it to the violating power plant and the electricity system and market operating Unit.
2. The effective duration of the decision on suspending the right to participate in the electricity market to the power plants committing the violating acts is more than 01 (one) year.
3. Within 01 from the date of receiving the Decision on suspending the right to participate in the electricity market, the electricity system and market operating Unit shall announce such suspension to the violating power plant.
4. If the time limit specified in Clause 2 of this Article is over, such power plant has not remedied its violation, the Electricity Regulatory Authority has the right to extend such suspension.
Tìm kiếm
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