Based on the study of 2 options for transferring the National Power System Control Center (A0) to the Ministry of Industry and Trade, the Ministry of Home Affairs proposed to choose option 2 (transferring A0 into a one-member limited liability company under the Ministry of Industry and Trade), ensuring compliance with the Party's policies and the law.
The Ministry of Home Affairs believes that transferring A0 to a public service unit is inappropriate.
Specifically, according to the Electricity Law, the operation of the national power system will be exclusively managed by the State. Therefore, choosing the model of a limited liability company with 100% of the charter capital held by the State and assigning the Ministry of Industry and Trade as the owner's representative is appropriate and creates conditions for this enterprise to participate in the electricity market.
Decision No. 168 of the Prime Minister approving the project to restructure the electricity industry and restructure enterprises under EVN also clearly states that A0 will be transformed into a Limited Liability Company for Operation of the Electricity System and Electricity Market, with independent accounting within EVN.
According to the Ministry of Home Affairs, A0 has met all the conditions to immediately convert to an enterprise model according to the provisions of the Enterprise Law, the Law on Management and Use of State Capital Invested in Production and Business at Enterprises, and the guiding documents for implementation.
On the other hand, A0 operating under the model of a one-member LLC will have the conditions to attract high-quality human resources, meeting the requirements and tasks of regulating the national power system (this is very difficult to do if choosing to convert A0 into a public service unit).
At the same time, ensure compliance with the price and fee management mechanism (power system dispatch fee and power market transaction management fee are stipulated as a cost component of electricity price, similar to electricity transmission price) according to the provisions of the Electricity Law.
In case of converting A0 into a public service unit (as proposed by the Ministry of Industry and Trade), there will be many legal documents related to organizational structure, policy mechanisms, bidding, price management, etc. and it will not be possible to separate the business function from the state management function.
On that basis, Minister of Home Affairs Pham Thi Thanh Tra reported to the Prime Minister to direct the Ministry of Industry and Trade to preside over and coordinate with the State Capital Management Committee at Enterprises to clarify responsibilities in advising, monitoring, and managing the process of forming and developing electricity market levels in Vietnam in conjunction with EVN restructuring.
At the same time, relevant agencies completed the plan to transfer A0 from EVN to the Ministry of Industry and Trade and developed a project to convert A0 into the Electricity System and Electricity Market Operation Company Limited under the Ministry of Industry and Trade.
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