Chương 3 Thông tư 43/2013/TT-BCT: Nội dung, trình tự, thủ tục thẩm định và phê duyệt điều chỉnh quy hoạch phát triển điện lực

Chapter 3.

CONTENT, SEQUENCE AND PROCEDURES FOR ASSESSMENT, APPROVAL AND ADJUSTMENT TO ELECTRICITY DEVELOPMENT PLANNING

Section 1: CONTENT, SEQUENCE AND PROCEDURES FOR ASSESSMENT AND APPROVAL FOR NATIONAL ELECTRICITY DEVELOPMENT PLANNING

Article 13. Authority to adjust national electricity development planning

1. Based on the written request for adjustments and supplements made by the investor in electricity source projects, transmission network, the General Department of Energy shall be responsible for conducting assessment and making the report to the Minister of Industry and Trade for consideration and submission to the Prime Minister for approval.

2. During the assessment, the General Department of Energy shall be responsible for collecting suggestions from Vietnam Electricity, regional Power Corporations and National Power Transmission Corporation and relevant ministries, departments and regulatory bodies.

Article 14. Content of adjusted national electricity development planning project in a five-year cycle

The adjusted national electricity development planning project in a five-year cycle includes the following main issues:

1. Assessment of current conditions of the national electricity system and performance of national electricity development planning in the past five years;

2. Updated forecasts about socio-economic development in planning stage;

3. Updated forecasts about demand for electricity by province, region and across the country in every planning stage;

4. Updates on input parameters for the formulation of the planning, assessment of primary energy sources and fuel price for electricity production

5. Updates and supplements to electricity source development program;

6. Updates and supplements to +220kv transmission network development program;

7. Compilation of investment volume and demand for investment capital for the remaining years of the planning stage;

8. Assessment of socio-economic outcomes of national electricity development program;

9. Updates and supplements to planning implementation mechanism;

10. Conclusions and proposals

Article 15. Content of adjusted national electricity development planning project not according to cycle

The adjusted national electricity development planning project in a five-year cycle includes the following main issues:

1. Legal foundations and necessity of adjustments and supplements to the planning;

2. Scale, progress and main parameters of the project in need of adjustments and supplements to the planning;

3. Assessment of effects of adjustments and supplements to the project on electrical grids;

4. Comprehensive solutions to electricity sources, grids in the area in need of adjustments to ensure supply of electricity;

5. Assessment of socio-economic outcomes of supplemented, adjusted project;

6. Conclusions and proposals;

Article 16: Sequence and procedures for formulation and approval for outline and cost estimates for adjusted national electricity development planning according to five-year cycle

1. Within 12 months at the latest before the first five years of the planning cycle end, the General Department of Energy shall organize formulation and submission of the outline and cost estimates for adjustments made to national electricity development planning for the remaining years.

2. Based on approved outline and cost estimates, the Department of Planning shall preside over and cooperate with the Department of Finance in registering state budget capital for the adjustment to national electricity development planning.

3. Expenses for the formulation, assessment and announcement of the adjustment to national electricity development planning according to the five-year cycle are determined by limit and unit price promulgated by the Ministry of Finance, the Ministry of Industry and Trade.

Article 17: Sequence and procedures for formulation of adjusted national electricity development planning according to five-year cycle

1. Based on capital plan approved for the adjustment to national electricity development planning, the General Department of Energy shall organize selection of consultant for the formulation and adjustment to the planning and make submission to the Minister of Industry and Trade for approval.

2. The consultant shall carry out formulation and adjustment to national electricity development planning project according to approved planning outline and time limit of delivery; Detailed content of adjusted national electricity development planning project according to five-year cycle is prescribed in Article 14 hereof.

3. During the formulation and adjustment to the planning project, the consultant shall be responsible for collecting suggestions from the province’s People’s committee on planned positions of power plants and 500kv substations expected to develop in the administrative division of provinces. Within 30 working days since receipt of written request for suggestions from the consultant on planned positions, the province’s People’s committee must issue a written response.  If the province’s People’s committee has not issued a written response after this time, it is deemed the province's People’s committee has agreed on planned positions of power plants, 500kv substations expected to develop in the administrative division of provinces as proposed by the consultant.

4. After the draft adjusted planning project, the consultant shall be responsible for dispatching the draft to economic groups, EVN, PVN, VINACOMIN, PCs, NPT for official instructions and completion before it is submitted to the General Department of Energy for assessment and making report to the Minister of Industry and Trade for consideration and submission to the Prime Minister for approval.

Article 18: Sequence and procedures for adjustment to national electricity development planning not according to cycle

1. Any investor that needs to make supplements and adjustments to national electricity development planning must formulate, adjust and submit the planning documentation to the General Department of Energy for assessment and reporting to the Minister of Industry and Trade and the Prime Minister for approval.

2. Within five working days since receipt of the documentation, the General Department of Energy shall issue a written request for supplements if the planning documentation is found inadequate and ineligible.

3. Planning adjustment documentation includes:

a) Documents about necessity of adjustments and supplements to the planning issued by the investors;

c) Five sets of adjusted planning projects;

c) Written agreement issued by the province’s People’s committee on positions of electrical works, proposals for supplements, amendments;

d) Written records proving financial capacity, technical experience of the investors and other documents (if necessary);

4. Within 90 working days since receipt of eligible documentation, the General Department of Energy shall carry out assessment of the adjusted planning project.

5. During the assessment, the General Department of Energy shall be responsible for organizing collection of suggestions from relevant ministries, departments (if necessary) and relevant economic groups and corporations. After 15 working days since receipt of written request for suggestions from the General Department of Energy, the ministries, departments and units must issue a written response.  After this time, if the ministries, departments and units have no response, they deem agreed on the investor’s proposals for adjustments to the planning.   

6. After receipt of official opinions from the ministries, regulatory bodies, PVN, ENV, VINACOMIN and corporations relating to adjusted planning project, the General Department of Energy shall be responsible for issuing a written request to the investors for amendments, supplements and completion of the project.

7. Within 15 working days since the planning project is completed, the General Department of Energy shall be responsible for drafting the statement and making the report to the Minister of Industry and Trade for consideration and submission to the Prime Minister for decision.

Article 19: Sequence and procedures for assessment and approval for national electricity development planning according to five-year cycle

Sequence and procedures for assessment and approval for national electricity development planning according to five-year cycle are prescribed in Article 8 hereof.

Section 2: CONTENT, SEQUENCE AND PROCEDURES FOR ASSESSMENT AND APPROVAL FOR PROVINCIAL ELECTRICITY DEVELOPMENT PLANNING

Article 20. Authority to adjust provincial electricity development planning

1. For adjustment to component of 110kv electrical system development planning: Based on the written requests for supplements and adjustments to the planning by investor in medium and small electricity source projects, and 110kv grid projects, or proposals by major clients, the province’s People’s committee shall review and make the report to the General Department of Energy for assessment and submission to the Minister of Industry and Trade for approval. During the assessment, the General Department of Energy shall be responsible for collecting suggestions from regional Power Corporations and National Power Transmission Corporation.

2. For adjustment to component of the detailed development planning for medium and low grids behind 110kv: Investor in medium-voltage projects that have proposals for adjustments shall be responsible for collecting suggestions from provincial electricity companies, People’s committees of relevant districts before making submission to the Service of Industry and Trade for assessment and submission to the province’s People’s committee for approval.

Article 21. Content of adjusted national electricity development planning project in a five-year cycle

1. Adjustment to component of 110kv electricity system development planning according to five-year cycle includes some information as follows:

a) Assessment of current conditions of the province’s electrical system and performance of 110kv electrical system development planning in the past five years;

b) Updated forecasts about the province’s socio-economic development in planning stage;

c) Updated forecasts about demand for electricity by provincial-affiliated district, commune, and city in planning stage;

d) The province’s supply-demand balance on an annual basis in planning stage;

dd) Design scheme of 110kv grid development includes proposals, selection of grid structure for the remaining years of the planning stage;

e) Total volume of lines, distribution substations in need of construction for the remaining years of the planning stage;

g) Compilation of investment volume and demand for investment capital for the remaining years of the planning stage;

h) Assessment of socio-economic outcomes of proposed provincial electricity development plan;

i) Conclusions and proposals

2. Adjustment to the detailed development planning for medium and low-voltage grids behind 110kv stations according to five-year cycle includes some information as follows:

a) Design scheme of medium-voltage grid behind 110kv stations to provincial-affiliated districts, communes and cities;

b) Updated lists of lines, medium- and low-voltage substations in need of construction in planning stage;

c) Total volume of low-voltage grid in need of construction in planning stage;

d) Total investment capital for each medium-and low-voltage level;

Article 22. Content of adjusted provincial electricity development planning project not according to cycle

1. Adjustment to component of 110kV electricity system development planning not according to cycle includes some information as follows:

a) Legal foundations and necessity for adjustments and supplements to the planning;

b) Scale, progress and main parameters of the project in need of adjustments and supplements to the planning;

c) Assessment of effects of adjustments and supplements to the project on the province’s electrical grids;

d) Comprehensive solutions to electricity sources, grids in the area in need of adjustments to ensure supply of electricity;

dd) Assessment of socio-economic outcomes of supplemented, adjusted project;

e) Conclusions and proposals

2. Adjustment to component of the detailed development planning for medium and low-voltage grids behind 110kV stations not according to cycle includes some information as follows:

a) Legal foundations and necessity for adjustments and supplements to the planning;

b) Scale, progress and main parameters of the project in need of adjustments and supplements to the planning;

c) Assessment of effects of adjustments and supplements to the project on electrical grids behind 100kv stations;

dd) Assessment of socio-economic outcomes of supplemented, adjusted project;

dd) Conclusions and proposals

Article 23: Sequence and procedures for formulation and approval for outline and cost estimates for adjustment to national electricity development planning according to five-year cycle

1. For adjustment to provincial electricity development planning according to five-year cycle: a maximum of twelve months before the first five years of the planning cycle end, the Service of Industry and Trade shall formulate and submit the outline and cost estimates for adjustment to provincial electricity development planning to the province’s People’s committee for approval.

2. Based on approved outline and cost estimates, functional units affiliated to the province’s People’s committee shall be responsible for registering state budget capital for the adjustment to provincial electricity development planning.

3. Expenses for the formulation, assessment and announcement of the adjustment to provincial electricity development planning according to five-year cycle are determined by limit and unit price promulgated by the Ministry of Finance, the Ministry of Industry and Trade.

Article 24: Sequence and procedures for formulation and adjustment to provincial electricity development planning according to five-year cycle

1. Adjustment to component of 110kV electricity system development planning:

a) Based on capital plan approved for the adjustment to component of 110kV electricity system development planning, the Service of Industry and Trade shall organize selection of a consultant for the formulation and adjustment to the planning component and make submission to president of the People’s committee for approval;

b) The consultant shall carry out the formulation and adjustment to component of 110kV electricity system development planning according to approved planning outline and time limit for delivery. Adjustment to component of 110kV electricity system development planning according to five-year cycle is prescribed in Clause 1, Article 21 hereof;

c) During the formulation and adjustment to component of the planning, the consultant shall be responsible for collecting written suggestions from the province’s Electricity Companies for completion of the documentation before making submission to the Service of Industry and Trade;

d) Consultancy unit shall be responsible for collecting written agreement from the province’s People’s Committee on planned positions of electrical works feeding electricity to provinces including medium and small electricity sources, 220kV substations feeding electricity to provinces and 110kV substations expected to develop in planning stage;

dd) Within 30 working days since receipt of written request for agreement on positions, the province’s People’s committee must issue a written response.  If the province’s People’s committee has not issued a written response after this time, it is deemed that the province's People’s committee has agreed on planned positions of electricity source works feeding to provinces expected to develop in planning stage as proposed by the consultant.

e) After the consultant makes the submission of the draft adjustment to completed planning component, the Service of Industry and Trade shall conduct some intermediate steps as follows:

- Collect written suggestions from People’s committees of districts, relevant departments and regulatory bodies for completion of the report before submission is made to the province’s People’s committee;

- g) Direct the consultant to formulate the planning, receive and explain such suggestions, complete documentation and make the report to the province’s People’s committee for submission to People’s Council or Standing Committee of People’s Council for approval before it is sent to the General Department of Energy for assessment and submission to the Minister of Industry and Trade for approval.

2. For adjustment to component of detailed development planning for medium and low voltage grids behind 110kV stations:

a) Based on capital plan approved for the adjustment to component of the detailed development planning for medium and low-voltage grids behind 110kV, the Service of Industry and Trade shall organize selection of a consultant for the formulation and adjustment to the planning component and submission to the province’s People’s committee for approval;

b) The consultant shall carry out the formulation and adjustment to component of the detailed development planning for medium and low voltage grids behind 110kv stations according to approved outline and time limit of delivery. Adjustment to component of the detailed development planning for medium and low voltage grids behind 110kV stations is prescribed in Clause 2, Article 21 hereof;

c) During the formulation of the planning, the consultant that conducts formulation and adjustment to the planning component shall be responsible for collecting written suggestions from the province’s Electricity Companies, People’s committees of relevant districts on the last draft adjustment to component of the planning for completion of the documentation before making the submission to the Service of Industry and Trade for assessment.

Article 25: Sequence and procedures for adjustment to provincial electricity development planning not according to cycle

1. Adjustment to component of 110kV electricity system development planning:

a) Investors or the province's People's committee that need to make supplements and adjustments to component of 110kV electricity system development planning must formulate planning adjustment documentation as prescribed in Clause 1, Article 22 hereof;

b) During the formulation and adjustment to component of the planning, the investor shall be responsible for collecting written suggestions from the province’s Electricity Companies for completion of the adjustment to the component before making submission to the Service of Industry and Trade for consideration and making the report to the province’s People’s committee for issuing a written notice to the General Department of Energy for assessment and making the report to the Minister of Industry and Trade for approval;

c) Within five working days since receipt of the documentation, the General Department of Energy shall issue a written request for supplements if the planning documentation is found inadequate and ineligible.

d) Documentation of planning component adjustment:

- Written request for adjustments, supplements to the planning component issued by the province’s People’s committee;

- Five sets of the planning component adjustment report;

- Written suggestions from the province’s Electricity companies, the district’s People’s committees, and relevant departments, regulatory bodies;

e) Within 45 working days since receipt of adequate and eligible documentation, the General Department of Energy shall be responsible for carrying out assessment of the documentation of planning component adjustment prior to submission to the Minister of Industry and Trade for approval.

g) During the assessment, the General Department of Energy shall be responsible for collecting suggestions from regional Power Corporations and National Power Transmission Corporation (if necessary);

2. For adjustment to component of detailed development planning for medium and low voltage grids behind 110kV stations:

a) Investors that need to make supplements and adjustments to component of the detailed development planning for medium and low voltage grids behind 110kv stations should document adjustment to the planning as prescribed in Clause 2, Article 22 hereof and make submission to the Service of Industry and Trade for assessment, submission to the province’s People’s committee for approval.

b) Planning adjustment documentation includes:

- The investor’s written request for adjustments, supplements to the planning;

- Five sets of the planning component adjustment report;

- During the assessment, the Service of Industry and Trade shall collect written suggestions from the province’s Electricity Companies, People’s committees of relevant communes (if necessary).

Article 26: Sequence and procedures for assessment and approval for adjustment to provincial electricity development planning according to five-year cycle

1. Component of 110kV electricity system development planning: Sequence and procedures for assessment and approval for adjustment to the component according to five-year cycle are prescribed in Clause 1, Article 12 hereof.

2. Component of the detailed development planning for medium and low voltage grids behind 110kV stations: Sequence and procedures for assessment and approval of adjustment to the component according to five-year cycle are prescribed in Clause 2, Article 12 hereof;