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Vietnam Energy Forum

The regulations on inspecting electricity activities and solving disputes in trading electricity

 - The Ministry of Industry and Trade (MOIT) has just issued Circular No. 42/2022/TT-BCT stipulating the inspecting the electricity activities and electricity use and solving the disputes in the trading electricity contracts. The Circular clearly stipulates the competence and sequence of the Electricity Regulatory Authority (MOIT) and provincial Departments of Industry and Trade for solving disputes in trading electricity contracts (The Circular takes effect from February 16, 2023).

The competence of the Electricity Regulatory Authority (ERA) and provincial Departments of Industry and Trade (DOIT) for solving the disputes:

The competence of the provincial Departments of Industry and Trade for solving disputes in trading electricity contracts with a voltage up to 110 kV in the cases that the parties or the commercial arbitrators have not yet concluded civil proceedings and there is an agreement proposing Department of Industry and Trade to solve the disputes.

The Electricity Regulatory Authority is competent to solve disputes in the trading electricity contracts with a voltage above 110 kV in the cases that the parties or the commercial arbitrators have not yet concluded civil proceedings and there is an agreement proposing the Electricity Regulatory Authority to solve the disputes.

The Electricity Regulatory Authority and the Department of Industry and Trade shall solve only disputes in cases where the two parties cannot negotiate by themselves and reach an agreement proposing ERA or DOIT to solve.

The sequences to solve the disputes in the trading electricity contracts:

Before asking ERA, and DOIT to solve disputes, the parties must negotiate by themselves. In case of unsuccessful self-negotiation, either party or both parties have the right to send a written request to ERA, DOIT to solve the disputes with its competence. Within 5 working days from the date of receipting the proposal for solving the dispute, ERA and DOIT shall be responsible for notifying relevant parties of receipt to solve the dispute.

In case of rejecting to solve the dispute ERA or DOIT have to reply in written text and clearly state the reasons.

The ERA and the DOIT have the right to request relevant parties to provide documents, conduct a physical inspection (in case of necessity) and verify completing the document. No later than 20 working days from the date of receipting the valid document, ERA or DOIT is responsible to organize a mediated meeting. ERA or DOIT has to issue the announcement on the results for solving the dispute.

For a complicated case, organizing the mediate meeting and issuing an announcement on the results of solving the dispute shall not exceed 40 working days from the receipt of a valid document.

If either party does not agree with the dispute-solving result of ERA or DOIT, it has the right to submit to commercial arbitration or sue in Court for solving.

VietnamEnergy.vn

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