| THE MINISTRY OF INDUSTRY AND TRADE ------- No. 17/2012/TT-BCT | SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------------- Hanoi, June 29, 2012 |
CIRCULAR
PRESCRIBING ELECTRICITY SALE PRICES AND GUIDING THEIR APPLICATION
Pursuant to the December 3, 2004 Electricity Law; and the Government's Decree No. 105/2005/ND-CP of August 17, 2005, detailing and guiding a number of articles of the Electricity Law;
Pursuant to the Government's Decree No. 189/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; and the Decree No. 44/2011/ ND-CP of June 14, 2011, amending and supplementing Article 3 of the Decree No. 189/2007/ND-CP;
Pursuant to the Prime Minister's Decision No. 21/2009/QD-TTg of February 12, 2009, approving market-based electricity sale prices to be applied in 2009 and during 2010-2012;
Pursuant to the Prime Minister's Decision No. 24/2011/QD-TTg of April 15, 2011, on market-based adjustment of electricity sale prices;
Pursuant to the Prime Minister's Decision No. 268/QD-TTg of February 23, 2011, on the electricity retail tariff applicable from 2011.
The Minister of Industry and Trade prescribes electricity sale prices and guides their application as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular prescribes specific electricity retail prices applicable to different customer groups based on the average electricity sale price determined under the mechanism provided in the Prime Minister's Decision No.24/2011/QD-TTg of April 15, 2011, on market-based adjustment of electricity sale prices, and the structure of the electricity retail tariff approved by the Prime Minister, and wholesale prices applicable to electricity retailers buying electricity directly from power corporations or attached power units.
2. This Circular applies to organizations and individuals buying or selling electricity from the national power system and related organizations and individuals.
3. Provincial-level People's Committees shall approve electricity sale prices in localities which are not yet connected to the national power grid after obtaining written appraisal opinions from the Electricity Regulatory Authority of Vietnam.
Article 2. Average electricity sale price
The average electricity sale price is VND 1.369/kWh (exclusive of value-added lax) corresponding to specific calculation parameters in Part A of the Appendix to this Circular.
Article 3. Voltage-based electricity sale prices
1. Voltage-based electricity sale prices are applicable to customers using electricity for purposes of production, business, service provision, irrigation, non-business and administrative work, for industrial parks and other purposes at high-rise apartment buildings in cities and new urban centers.
2. Electricity shall be sold at the price applicable to the voltage of the electric metering system.
Article 4. Daily consumption hour-based electricity sale prices
Electricity sale prices are set based on the time of consumption during a day (below referred to as three-level pricing system) as follows:
1. Off-peak hours:
a/ From Monday to Saturday:
- From 4:00 h to 9:30 h (5 hours and 30 minutes);
- From 11:30 h to 17:00 h (5 hours and 30 minutes);
- From 20:00 h to 22:00 h (2 hours).
b/ Sunday:
From 4:00 h to 22:00 h (18 hours).
2. Peak hours:
a/ From Monday to Saturday:
- From 9:30 h to 11:30 h (2 hours);
- From 17:00 h to 20:00 h (3 hours).
b/ Sunday: no peak hours.
3. Low-load hours:
All days from 22:00 h to 4:00 h (6 hours).
Article 5. Conditions for application of electricity wholesale prices
1. Electricity wholesale prices provided in Articles 15, 16 and 17 of this Circular are applicable to electricity retailers fully meeting the conditions below:
a/ Possessing an electricity distribution and retail license granted by a competent agency, except cases of exemption from licensing for power operation under Point c. Clause 1, Article 34 of the Electricity Law;
b/ Keeping accounting books under regulations to account electricity retail sales separately from other business operations;
c/ Having electricity trading contracts, and installing separate electric meters for each electricity-consuming household under Article 24 of the Electricity Law; and issuing added-value electricity bills to each consumer for each payment period, under electricity trading contracts, according to the Finance Ministry's regulations.
