On January 10, 2024, the Government issued Decree 02/2024/ND-CP stipulating the transfer of power projects that are public assets to Vietnam Electricity - EVN ("Decree 02"); in particular, including electrical works belonging to technical infrastructure for common use in urban projects, residential areas and other projects subject to which investors must hand over to the State by law ("Urban area electrical works").
Below, ATA will summarize regulations to conditions, orders, and procedures for handing over urban power projects to EVN that investors/management and operators should pay attention to:
1. Conditions for the transferred works
Power projects transferred to Vietnam Electricity must fully meet the following conditions:
+ Conformity with electricity development plans and power supply network development plans in provincial planning;
+ Meeting relevant regulations and standards at the time of checking the actual status of electrical works for transfer;
+ The electrical project is operating normally at the time of checking the actual status of the power project for transfer;
+ The power project is not in a state of pledge, mortgage, guarantee, or security of any other debt obligations.
2. Principles of transfer
+ Must fully meet the transfer conditions. If the power project does not meet the conditions, the investor/unit managing and operating the urban area/residential area/other project shall continue to manage, use, and handle according to regulations.
+ Failure to make the capital refund for electrical works. The assignor writes down the asset reduction and EVN writes the increase in assets according to the value of the power project at the time of transfer.
3. Order and procedures for transfer of electrical works
Step 1: The assignor shall make a dossier of requests for the handover of the power project to the State to the agency receiving the handover of technical infrastructure, including a written request for transfer enclosed with the following dossiers:
+ Documents for project management, operation and maintenance;
+ Written approval for finalization of competent state agencies;
+ Land dossiers related to land allocation, land lease, change of land use purpose, recognition of land use rights associated with works, and other relevant papers;
+ Certificate of design appraisal, design appraisal document, written approval of acceptance results on fire prevention and fighting by competent agencies (if any); fire fighting plans, fire prevention plans by the law on fire prevention and fighting.
Step 2: The agency receiving the handover of technical infrastructure shall send a document on the transfer of the power project to the receiving Party – within 07 days from the date of receipt of a complete dossier of the transfer request.
Step 3: The recipient of the electrical works and the agency receiving the handover of technical infrastructure shall inspect the status of the electrical works, and assess the satisfaction of the transfer conditions – within 30 days from the date of receipt of complete dossiers of transfer request. If eligible, proceed to step 3; if ineligible, the receiving party notifies the requesting party.
Step 4: B and the recipient coordinate inventorying and determining the value of the transferred works.
Step 5: The head of the agency receiving the handover of technical infrastructure in the project issues the Decision on transfer of electrical works and issues the Decision on transfer of electrical works – within 07 days from the date of completion of the inventory.
Step 6: The assignor shall assume the prime responsibility for, and coordinate with the recipient and the agency receiving the handover of technical infrastructure in the project, to organize the handover and reception of the power project within 07 days from the date of issuance of the transfer decision.
Decree 02 takes effect from March 1, 2024.
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