| THE GOVERNMENT ------ | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness -------- |
| No: 45/2001/ND-CP | Hanoi, August 02, 2001 |
DECREE
ON ELECTRICITY ACTIVITIES AND USE
THE GOVERNMENT
Pursuant to the September 30, 1992 Law on Organization of the Government;
At the proposal of the Minister of Industry,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Electric energy is a special commodity. The State exercises the unified management of electricity activities and use nationwide by law, policies, planning and plans on electricity development. Electricity production and business constitute a conditional business line.
Article 2.- This Decree prescribes electricity activities and use and is applicable to all domestic and foreign organizations and individuals in the Socialist Republic of Vietnam, except for cases where the international treaties which the Socialist Republic of Vietnam has signed or acceded to otherwise provide for.
Article 3.-
1. Organizations and individuals engaged in electricity activities in the following domains must have licenses for electricity activities:
a) Consultancy on planning elaboration, electricity project designing;
b) Electricity production, transmission, distribution, trading and supply.
2. Agencies competent to grant licenses for electricity activities are stipulated as follows:
a) The Ministry of Industry shall grant electricity activity licenses to:
- Organizations providing consultancy on planning, designing, supervision and other forms of consultancy for electricity projects and works.
- Enterprises of State corporations and foreign-invested enterprises engaged in the activities of electricity production, transmission, distribution, trading and supply;
- Enterprises engaged in electricity production with an electricity generation capacity of 10 MW or more and enterprises managing the operation of electric transmission lines of 110 kV or more;
- Enterprises conducting electricity export and import activities.
b) The People’s Committees of the provinces and centrally-run cities shall grant electricity activity licenses to organizations and individuals other than those defined at Point a, engaged in electricity activities in the domains prescribed in Clause 1 of this Article.
3. Organizations and individuals investing in the construction of electricity generation establishments for their own use without selling electricity to other organizations and individuals or electricity generation establishments with installing capacities being lower than that prescribed by the Ministry of Industry must not acquire licenses for electricity activities.
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