The Electricity Law 2024 has assigned the Government to specify details on electricity operation licenses.
On November 30, 2024, the Electricity Law No. 61/2024/QH15 was passed by the National Assembly and took effect from February 1, 2025. Accordingly, the Electricity Law 2024 assigned the Government to detail the electricity operation license. The Ministry of Industry and Trade has established a Drafting Committee, an Editorial Team and chaired the drafting of the Decree detailing a number of articles on electricity operation licenses.
In order to implement the provisions of the Law on Promulgation of Legal Documents and to keep up with the progress of construction and promulgation to take effect together with the effect of the Electricity Law, the Ministry of Industry and Trade recently issued Official Dispatch No. 10287/BCT-DTĐL dated December 16, 2024 on soliciting opinions on the Submission, Draft Decree detailing a number of articles of the Electricity Law on electricity operation licenses.
Electricity activities are conditional business activities as prescribed in the Electricity Law and the Investment Law. However, in order to facilitate electricity businesses, the conditions for granting licenses must be regularly reviewed and evaluated to simplify implementation. Meanwhile, some contents on the conditions for granting electricity business licenses in Article 32 of the 2004 Electricity Law and sub-law documents are no longer suitable for practice, especially the failure to clearly distinguish between cases of new issuance, re-issuance and extension of electricity business licenses, leading to a lack of flexibility in assessing electricity business conditions for timely adjustment, creating conditions for businesses as well as state management tasks.
The Electricity Law 2024 has demonstrated a strong change in the way of thinking about electricity management, promoting decentralization and delegation of power in state management, approaching a consistent and scientific method of electricity management, reducing and simplifying administrative procedures. Accordingly, the Electricity Law 2024 has removed the regulation on granting licenses for electricity consulting; and more clearly defined the conditions for each form of electricity licensing to make administrative procedures transparent and simple.
In order to carry out the task assigned to the Government to detail the Electricity Law 2024 and related contents, the Ministry of Industry and Trade said it is necessary to develop a Decree on electricity operation licenses. The Decree specifies the conditions for granting electricity operation licenses and the order, procedures, authority to grant, exempt, revoke and term of electricity operation licenses and related contents to promptly apply at the same time as the Electricity Law 2024 takes effect.
The Electricity Law 2024 has removed the regulation on granting licenses for specialized electricity consulting; and more clearly stipulates the conditions for each form of electricity operation license to make administrative procedures transparent and simpler.
The issuance of the Decree aims to ensure the publicity, transparency and timeliness of the legal system. Ensure state management in the electricity sector, thereby ensuring that investment in the construction of electricity projects (power generation, power transmission, power distribution) complies with relevant legal provisions before being put into operation, ensuring energy security. Ensure compliance with administrative procedures in the issuance, amendment, supplementation, re-issuance, extension and revocation of electricity operation licenses.
The Draft Decree consists of 5 Chapters and 29 articles, detailing a number of articles of the Electricity Law on: conditions for granting electricity operation licenses; dossiers, procedures and formalities for granting electricity operation licenses; capacity levels exempted from electricity operation licenses; duration of electricity operation licenses; revocation of electricity operation licenses and dossiers, procedures and formalities for revoking electricity operation licenses; authority to grant, amend, supplement, reissue, extend and revoke electricity operation licenses.
Specifically:
- Chapter I: General provisions; includes 2 articles, regulating the scope of regulation and applicable subjects.
- Chapter II: Conditions for granting electricity operation licenses; includes 5 articles, detailing the conditions for granting electricity operation licenses for each field: electricity generation, electricity transmission, electricity distribution, electricity wholesale, electricity retail.
- Chapter III: Application dossier for new issuance, amendment, supplement, re-issuance, extension of electricity operation license; includes 10 articles, detailing the components of the dossier for each field (power generation, power transmission, power distribution, electricity wholesale, electricity retail), cases of granting electricity operation license (new issuance, amendment, supplement, re-issuance, extension).
- Chapter IV: Procedures, formalities, and authority for granting, amending, supplementing, re-granting, extending, and revoking electricity operation licenses; including 9 articles, regulating the procedures, formalities, and authority for granting, amending, supplementing, re-granting, extending, and revoking electricity operation licenses, exempted capacity levels, and license terms.
- Chapter V: Implementation provisions; includes 3 articles, regulating the contents of implementation effect, transitional provisions, and implementation responsibility.
Based on comments from relevant agencies and units, the Ministry of Industry and Trade will incorporate amendments and supplements into the final Draft Decree and submit it to the Government for promulgation to promptly apply at the same time as the 2024 Electricity Law takes effect.
See details of the Draft Content here .
Source: https://moit.gov.vn/tin-tuc/hoat-dong/bo-cong-thuong-lay-y-kien-doi-voi-du-thao-nghi-dinh-ve-giay-phep-hoat-dong-dien-luc.html
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