Chương IV Thông tư 56/2014/TT-BCT: Điều khoản thi hành

Chapter IV

IMPLEMENTATION

Article 25. Responsibilities of Electricity Regulatory Authority

1. Carry out inspection, give advice on PPA and supplements to PPAs of power plants;

2. Provide instructions and handle difficulties arising during the negotiation on PPA between the two parties

3. Annually, calculate PPA price as prescribed in Appendix 1 hereof in reliance on opinions from the units on input factors, make the submission to the Minister of Industry and Trade for consideration and decision on amendments or supplements (if any);

4. Settle disputes arising during the implementation of PPA in case the two parties agree settlement of the dispute take place at Electricity Regulatory Authority;

5. After receipt of the report from Vietnam Electricity, Electricity Regulatory Authority shall carry out inspection, working out and making the report to the Ministry of Industry and Trade for consideration and decision on payment of exchange differences of the power plant.

6. Before January 31 annually, summarize the implementation of PPA in the preceding year between Vietnam Electricity and generating units, difficulties arising during the implementation of PPA, and make the report to the Minister of Industry and Trade for consideration and decision on handling of such difficulties;

Article 26. Responsibilities of Vietnam Electricity 

1. Make submission to Electricity Regulatory Authority for inspection of PPA as prescribed, be responsible for ensuring accuracy, appropriateness and eligibility of provided figures and documents;

2. Before January 31 annually, take the initiative in cooperating with the investor in calculating exchange differences during the implementation of PPA in the preceding year as prescribed in Clause 1, Article 13 hereof and make the report to Electricity Regulatory Authority for inspection;

3. Annually, carry out considerations and make proposals to Electricity Regulatory Authority for revising input factors for calculation of PPA price as prescribed in Appendix 1 hereof and other subject matters hereof (if any);

4. Before January 15 annually, make the report to Electricity Regulatory Authority on the implementation of PPA in the preceding year with generating units, difficulties arising during the implementation of PPA, and propose handling solutions (if any)

Article 27. Responsibilities of the Investor

1. The Investor shall be responsible for:

a) Carrying out negotiation and signing PPA as prescribed hereof;

b) Providing adequate information, ensuring accuracy, appropriateness and eligibility of figures and documents provided to relevant units, agencies during the negotiation and inspection of PPA;

2. Since the first assembly is put into commercial operation, on a quarterly basis, the Investor shall make the report to Electricity Regulatory Authority on the implementation of payment of electric bills according to the form prescribed in Appendix 4 hereof;

3. Before January 15 annually, the Investor of power plants shall make the report to Electricity Regulatory Authority on the implementation of PPA in the preceding year with Vietnam Electricity, difficulties arising during the implementation of PPA, and propose handling solutions (if any);

4. Before January 31 annually, the Investor shall take the initiative in cooperating with Vietnam Electricity in calculating exchange differences during the implementation of PPA in the preceding year as prescribed in Clause 1, Article 13 hereof and make the report to Electricity Regulatory Authority for inspection;

Article 28. Implementation

1. This Circular takes effect since February 03, 2015 and replaces the Circular No. 41/2010/TT-BCT dated December 14, 2010 of the Ministry of Industry and Trade regulating method of electricity price determination; sequence and procedures for construction and promulgation of electricity generation cost frame and approval of PPA.

2. As for PPA price of the power plant that is still under negotiation before the effective date of this Circular according to the method as instructed in the Circular No. 41/2010/TT-BCT dated December 14, 2010 of the Ministry of Industry and Trade regulating method of electricity price determination; sequence and procedures for construction and promulgation of electricity generation cost frame and approval of PPA, the two parties shall the report to the Ministry of Industry and Trade, Electricity Regulatory Authority for consideration and specific instructions.

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