On April 21, 2023, the Ministry of Industry and Trade issued Circular 10/2023/TT-BCT (“Circular 10”) amending and supplementing some articles of Circular No. 21/2020/TT-BCT on procedures for issuance of electricity licenses (“Circular 21”). Circular 10 has outstanding contents as follows:
Supplementation of request for amendments to electricity license
According to Article 10 of Circular 21, the amendment of the electricity license shall only be made in cases of modification of name, headquarter, property. Circular 10 supplements a case of partial reduction in operation scope without changing the license term.
In addition, Circular 10 provides the specific guidance related to electricity licenses for the following power units:
- For electricity units that have been granted electricity licenses before the effective date of Circular No 10: continue to comply with the granted license and carry out the responsibilities and obligations of the granted units that are to be amended and supplemented in this Circular.
- For electricity units whose name or headquarters address has been changed in the Enterprise Registration Certificate or the Establishment Decision or Certificate of Establishment in comparison with the approved Electricity License, or change one of the following contents: type of operation, the scope of operation, duration of the electricity license which was issued before the effective date of Circular 21, must carry out the procedures for amendment license within 60 days from the effective date of Circular 10.
Conditions for commercial operation of electricity works
In order for electricity work to be allowed to operation, according to Circular 10, before the date of commercial operation, the investors (electricity generator/transmission/ distribution) must satisfy not only the conditions mentioned in Article 14.7 of Circular 21 but also the planning and design conditions as follow :
- Fully meeting the regulations on planning, land, construction, fire prevention and fighting, environment, connection, and other relevant regulations.
- Obtaining written approval for acceptance of completion results ofwork items or construction worksas prescribed (if electricity works must be obtained written approval for the acceptance of completion result by the competent authority).
Circular 10 takes effect from June 9, 2023.
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