Nghị định 68/2010/ND-CP

DECREE

PROVISIONS ON SANCTION AGAINST VIOLATION OF LAW IN THE FIELD OF ELECTRICITY

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Electricity Law dated December 3, 2004;

Pursuant to the Competition Law dated December 3, 2004;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 2, 2002, Ordinance on amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Industry and Trade,

DECREE:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of adjustment

This Decree stipulates the sanctions against individuals and organizations that intentionally or unintentionally commit acts of violation of regulation of law on electricity but not as a crime, including:

1. Electricity operation license

2. Building and installation of electrical works.

3. Electricity generation

4. Electricity transmission

5. Electricity distribution

6. Electricity wholesale and retail.

7. Regulation on electricity use

8. Regulation on electricity safety

9. Regulation on moderation of electrical system.

10. Regulation on electricity market.

Article 2. Subjects of application

This Decree applies to the following individuals and organizations:

1. Individuals and organizations that have acts of violation of law in the field of electricity specified in this Decree.

2. Foreign individuals and organizations that have acts of violation of law in the field of electricity specified in this Decree within the territory, exclusive economic zone and continental shelf of the Socialist Republic of Vietnam, except for international agreements in which the Socialist Republic of Vietnam is a contracting party with different regulations. .

3. Minors having acts of violation of law in the field of electricity are sanctioned under the provisions of Article 7 of the Ordinance on Handling of Administrative Violations.

Article 3. Principle of sanction

The sanction against acts of violation of law in the field of electricity must comply with the following principles:

1. Organizations or individuals are only sanctioned for violation of law in the field of electricity specified in this Decree.

2. The sanction against acts of violation of law in the field of electricity must be done by the competent authority as specified in this Decree.

3. All violations of law in the field of electricity must be promptly detected and suspended immediately. The sanction must be conducted quickly, fairly and thoroughly. All consequences caused by violation of law in the field of electricity must be remedied as prescribed by law.

4. An act of violation in the field of electricity is sanctioned only once. An organization or individual commit a lot of violations of law in the field of electricity will be sanctioned for each violation. Many organizations or individuals commit an act of violation of law in the field of electricity, each organization or individual committing violation will be sanctioned.

5. The sanction against violation of law in the field of electricity must be based on the nature and seriousness of the violation, personal record and extenuating or aggravating circumstances to decide on the forms and measures of appropriate sanction. The extenuating or aggravating circumstances apply under the provisions of Article 8 and Article 9 of the Ordinance on Handling of Administrative Violations.

6. No sanction against violation of law in the field of electricity in case of emergency, legitimate defense, unexpected events or violation of law while suffering from mental illness or other illness that cause loss of cognition ability or control ability of one’s behaviour.

Article 4. Statute of limitation of sanction

1. Statute of limitation of sanction against violation of law in the field of electricity is one year after the act of violation is committed; if exceeding the above time limit, no sanction applied but the remedial measures as specified in Clause 3, Article 5 of this Decree.

For continuous and prolonged violations, the statute of limitations is from the when the act is detected.

2. For individuals sued, prosecuted or there is a decision to bring the case to trial in criminal proceedings but then there is a decision to suspend the investigation or the case from the competent authority but that violation has been specified in this Decree, those individuals will be fined under this Decree. In this case, the statute of limitation of sanction is three months from the date the person having the competence receives a decision on suspension and records of violation.

3. Within the time limit specified in Clause 1 and 2 of this Article, if the individual or organization commits new act of violation of law in the field of electricity or intentionally evade or obstruct the sanction, no statute of limitation specified in Clauses 1 and 2 of this Article. The statute of limitations of sanction against act of violation of law in the field of ​​electricity recalculated from the time of the new violation or the time of termination of act of sanctioning evasion or obstruction.

Article 5. Forms of sanction and remedial measures

1. Forms of main sanction

For each act of violation of law in the field of electricity, the individuals or organizations having act of violation must undergo one of the main forms of sanction as follows:

a) Caution

Caution is applicable to organizations or individuals having first and minor with extenuating circumstances or for all violations committed by a juvenile between full 14 and under 16 years. Caution is decided in writing.

b) Fine

Based on the nature and seriousness of the violation to decide on a fine level in the fine bracket prescribed in this Decree for each act of violation. The specific fine for an act of violation of law in the field of electricity is the average level of the fine bracket for that act which, if the violation has extenuating circumstances, the fine may be reduced but not be reduced below the minimum level of the fine bracket. If the violation is aggravating, the fine may be increased but must not exceed the maximum level of the fine bracket.

2. Additional forms of sanction

In addition to the sanctions, depending on the nature and seriousness of the violation, individuals and organizations that have acts of violations of law in the field of electricity can also be subject to one of additional form of sanction as follows:

a) Depriving right of use with definite term of electricity operation license;

b) Confiscating exhibits and means used to violate law in the field of electricity;

c) Confiscating all proceeds earned ​​from the violation;

d) Revoking electricity operation license;

3. In addition to the main sanctions and additional sanctions specified in Clauses 1 and 2 of this Article, individuals and organizations with acts of violation in the field of electricity can also be subject to one or many remedial measures as follows:

a) Compelling the restoration of the original state that has been changed due to acts of violation or compelling the removal of illegal construction works;

b) Compelling the implementation of measures of safety assurance;

c) Compelling the full payment of fees and charges as prescribed;

d) Compelling the compensation for the entire amount of money lost due to acts of violation;

dd) Compelling the re-inspection of power metering equipment or replacement with other power metering equipment;

e) Compelling the separation of power generating units with a total installed capacity of power plants over 25% of total capacity of entire system.

g) Compelling the use of equipment which satisfies technical standards;

h) Compelling the signing of electricity sale and purchase contract.

Article 6. Compensation for damages due to acts of violation of law in the field of electricity.

1. Individuals and organizations with acts of violation of law in the field of electricity causing damages to the interests of the State, the legitimate rights and interests of individuals and organizations must make compensation.

2. The compensation for damages as specified in Clause 1 of this Article will comply with the regulations of the civil law.

Chapter 2.

ACTS OF VIOLATION, FORMS AND LEVELS OF SANCTION

Article 7. Violation of regulations on electricity operation License

1. A fine of between VND 2,000,000 and 5,000,000 for one of the following acts:

a) Failing to perform the procedures for modification, supplementation of electricity operation License within 30 days after the change of name and address of head office;

b) Failing to make annual report on situation of business and production in the areas licensed to the licensing agencies as prescribed.

c) Failing to notify the licensing unit within 60 days prior to the stoppage of electricity operation in case the electricity operation License is still valid.

2. A fine of between VND 5,000,000 and 10,000,000 will be imposed for one of the following acts:

a) Using electricity operation License which is invalid;

b) Failing to submit annual financial statement audited to the licensing agency as prescribed.

3. A fine of between VND 10,000,000 and 15,000,000 will be imposed for one of the following acts

a) Failing to maintain the conditions for being issued electricity operation License;

b) Failing to comply with one of the provisions of the contents in the electricity operation License except for the acts specified in this Decree.

4. Fines imposed for failing to fully pay or not to pay the fees and charges related to electricity activities as prescribed are as follows:

a) A fine of between VND 1,000,000 and 2,000,000 will be imposed for failing to fully pay or not to pay the fees and charges valued less than VND 10,000,000;

b) A fine of between VND 2,000,000 and 7,000,000 will be imposed for failing to fully pay or not to pay the fees valued from VND 10,000,000 to less than 30,000,000;

c) A fine of between VND 7,000,000 and 10,000,000 will be imposed for failing to fully pay or not to pay the fees valued from VND 30,000,000 to less than 50,000,000;

d) A fine of between VND 10,000,000 and 15,000,000 will be imposed for failing to fully pay or not to pay the fees valued from VND 50,000,000 to less than 1000,000,000;

dd) A fine of between VND 15,000,000 and 20,000,000 will be imposed for failing to fully pay or not to pay the fees valued from VND 100,000,000 to less than 300,000,000;

e) A fine of between VND 20,000,000 and 30,000,000 will be imposed for failing to fully pay or not to pay the fees valued from VND 30,000,000 or more;

5. A fine of between VND 20,000,000 and 30,000,000 will be imposed for one of the following acts:

a) Performing electrical activity without the electricity operation License;

b) Letting, lending or, leasing, borrowing the electricity operation License;

c) Performing electrical activity during the time of being deprived of right of use with definite term or revoked the electricity operation License;

d) Performing electrical activity during the time when the electricity operation License is lossed, mislaid without notifying the licensing agency;

dd) Intentionally altering the content written in the electricity operation License;

e) Using the false electricity operation License;

6. In addition to main forms of sanction, organizations or individuals committing violation may be subject to the additional forms of saction as follows:

a) Being deprived of the right of use of electricity operation License within a time of 6 months to 01 year for acts of violation specified in Clause 3 of this Article.

b) Revoking the electricity operation License for acts specified at Point b and dd, Clause of this Article;

c) Confiscating all proceeds for acts specified at Point a, competent authority anf E-commerce, Clause 5 of this Article.

7. In addition to main forms of sanction, organizations or individuals must also pay full fees and charges as prescribed for acts specified in Clause 4 of this Article.

Article 8. Violation of regulations on building and installation of electrical works.

1. A fine of between VND 1,000,000 and 5,000,000 shall be imposed for acts of obstructing organizations and individuals to perform tasks of repair and construction of electrical works.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts:

a) Installing, repairing, and relocating without an agreement with the owner of electrical works or the management and operation unit;

b) Intentionally installing wiring system, power stations, electrical equipment outside the scope that the agency has been approved.

3. A fine of between VND 10,000,000 and 20,000,000 will be imposed for one of the following acts:

a) Installing and put into operation electrical material and equipment that do not satisfy technical standards in the approved technical design.

b) Intentionally issuing and compelling the implementation of technical standard not in accordance with the one issued by the competent state agencies.

4. A fine of between VND 20,000,000 and 30,000,000 will be imposed for failing to making investment in transmission line and substation under the plan for investment and development of power grid approved, except for cases with plausible reasons.

5. A fine of between VND 30,000,000 and 40,000,000 will be imposed for acts of construction of power projects not included in the approved plans, except for cases with plausible reasons.

6. In addition to the main sanction, organization or individual committing violations may also be subject to remedial measures as follows:

a) Compelling the restoration of the original state that has been changed due to acts specified in Clause 2 of this Article.

b) Compelling the use of equipment which satisfies technical standard for acts specified at Point a, Clause 3 of this Article.

Article 9. Violation of regulations on generation activities.

1. Imposing a fine of between VND 5,000,000 and 10,000,000 on the power generating Unit for failing to provide information about the possibility of generation availability, reserve capacity, situation of implementation of method of operation of the power plant and information related to the generation activities upon request in writing of the national electrical system moderation Unit, the electricity market transaction operating unit or the electricity regulatory Authority.

2. Imposing a fine of between VND 10,000,000 and 15,000,000 on the power generating Unit the use of power metering equipment which has not been inspected as prescribed or does not satisfy technical standards prescribed for power metering equipment for power plants.

3. Imposing a fine of between VND 15, 000,000 đồng đến 20,000,000 for one of the following acts:

a) Failing to comply with procedures and regulations on operation of power plant and power grids;

b) Failing to provide accurate information on the availability of the generating set and power plant and causing damages to the generation activities.

4. A fine of between VND 20,000,000 and 40,000,000 will be imposed for act of commercial electricity generation without electricity operation license.

5. A fine of up to 5% of total revenue of the previous fiscal year preceding the year with acts of violations for power generating units with a total installed capacity of power plants greater than 25% of the total capacity of the power system.

6. In addition to the main sanctions, the power generating units are also confiscated all their proceeds for acts of violations specified in Clause 4 of this Article.

7. In addition to the main sanctions, the power generating units are also subject to remedial measures as follows:

a) Compelling the use of equipment which satisifies technical standards for acts specified in Clause 2 of this Article.

b) Compelling the separation to reduce the installed capacity of less than 25% of the total installed capacity of entire system for acts specified in Clause 5 of this Article.

Article 10. Violation of regulations on power transmission activities

1. A fine of between VND 5,000,000 to 10,000,000 will be imposed on the power transmission Units for failing to provide information about the loadability, regulation on power transmission grid, provision of equipment and information related to the power transmission activities upon request in writing of the national electrical system moderation Unit, the electricity market transaction operating unit or the electricity regulatory Authority.

2. A fine of between VND10,000,000 to 15,000,000 will be imposed on the power transmission Units for one of the following acts:

a) Allowing connection to the power transmission grid and equipment that do not meet the technical standards as prescribed;

b) Using power metering equipment which has not been inspected as prescribed or do not meet technical standards as prescribed for the power metering equipment for the  power transmission grid.

3. A fine of between VND 15,000,000,000 and 20,000,000 will be imposed on the power transmission Units for one of the following acts:

a) Failing to comply with the procedures and regulations on power grid operation;

b) Failing to provide the power transmission services at the request of the units which use the power transmission grid, except that the grid is overloaded as certified by the electricity regulatory Authority;

c) Failing to stop or request the national electrical system moderation Unit to reduce the level of power transmission in the event of threats to human life and safety of the equipment;

d) Failing to provide accurate information about the operational status of the power grid causing damages to the power transmission operation.

4. A fine of between VND 20,000,000 and 30,000,000 will be imposed on the power transmission Units for the acts of faling to take remedial measures of the incident, not restoring the working state of power transmission grid as prescribed, disrupting power supply or overloading of electrical equipment on the power transmission grid within the time limit prescribed under the Regulation on power transmission system without plausible reason.

5. A fine of between VND 30,000,000 and 40,000,000 will be imposed on the power transmission Units for one of the following acts:

a) Failing or delaying the power grid construction from the connection point of the power generating units and power distribution units when these units have met the conditions and technical standards of connection to the national electrical system without plausible reason certified by the electricity regulatory Authority;

b) Failing to provide transmission services as prescribed in Regulation on power transmission system, causing damages to the power generating units, the power distribution units and customer using electricity connected directly to power transmission grid, except for the case of overloaded power grid with certification of the electricity regulatory Authority;

c) Contributing capital to establish the power generating unit and buying its shares.

6. In addition to the main form of sanction, the power transmission unit is compelled to use the equipment which meets the technical standards for the acts specified at Point b, Clause 2 of this Article.

Article 11. Violation of regulations on power distribution

1. A fine of between VND 1,000,000 and 3,000,000 will be imposed for one of the following acts:

a) Having no work ticket or work order upon performance of one of the tasks such as: repair, connection of equipment, line, power station of the electricty seller or of organization or individuals using electricity.

b) Having professional card but removing, installing or calibrating the power meter on the grid;

c) Failing to make record of acceptance for customers as prescribed upon installation, repair of power metering equipment;

d) Having no record of hanging or taking-down upon replacement with power metering equipment;

dd) Having no record of inspection upon adjustment of power metering equipment;

e) Failing to accept within the time limit prescribed after installation, replacement, repair, adjustment of power metering equipment;

2. A fine of between VND 3,000,000 and 4,000,000 will be imposed on the power generating unit for one of the following acts:

a) Failing to complete the checking, repair or replacement with power metering equipment within three (03) working days after receiving a written request from the electricity buyer;

b) Failing to handle incident to restore the power supply within two (02) hours after the generation or receipt of notification from the electricity buyer of the grid incident under the management of electricity seller without plausible reason;

c) Stopping or reducing the power supply not in accordance with the contents notified;

d) Using the power metering equipment which has not been inspected as prescribed or does not satisfy technical standards prescribed for power metering equipment for power transmission grid.

dd) Using the power metering equipment which is not in accordance with Vietnam Standard and is not inspected and sealed by the state management agency in charge of measurement.

3. A fine of between VND 4,000,000 and 5,000,000 will be imposed on the power distribution units for one of the following acts:

a) Stopping or reducing the power supply without notice in accordance with the order and procedures for stoppage and reduction of power supply;

b) Arbitrarily using electrical works not under their management to supply power to other customers;

c) Stopping or reducing the power supply to customers not subject to restrictions upon lack of power, except for the risk of serious problems or insecurity for people, equipment and electrical systems.

4. A fine of between VND 5,000,000 and 10,000,000 will be imposed on the power distribution units for one of the following acts:

a) Failing to make reports on operational readiness, the provision of grid and power distribution equipment, electricity demand in their area of operation at the request of the national electrical system moderation Unit, the electricity market transaction operating unit or the electricity regulatory Authority or the competent state agencies;

b) Providing inaccurate information affecting safety, damage to the power distribution activities;

c) Failing to provide the power distribution services to customers, power retailing units, power wholesaling unit and meet the technical standards, quality of services and safety under contract, except the electrical distribution grid is netting overloaded according to the confirmation of confirmed by the electricity regulatory Authority or authorized agency.

5. A fine of between VND 10,000,000 to 20,000,000 will be imposed on the power distribution units for act of stoppage of power supply due to technical problems which are caused by violation of operational process or by untested and inspected equipment as prescribed.

6. A fine of between VND 20,000,000 to 30,000,000 will be imposed on the power distribution units for permitting the connection to the power distribution grid with the equipment which does not meet technical standards as prescribed.  

7. In addition to the main forms of sanction, the power distribution Units are also subject to remedial measures as follows:

a) Compelling the inspection of power metering equipment and replacement with other one In case it does not meet the standard for acts specified at Point d and dd, Clause 2 of this Article;

b) Compelling the compensation for all of the money lost for acts specified at Point d and dd, Clause 2 of this Article;

c) Compelling the use of equipment which meet the technical standards for acts specified at Point d, Clause 2 of this Article.

Article 12. Violation of regulations on power wholesaling

1. A fine of between VND 10,000,000 and 20,000,000 will be imposed on the power wholesaling units for acts of sale of electricity at the wrong price which is prescribed by the competent agencies.

2. A fine of between VND 20,000,000 and 30,000,000 will be imposed on the power wholesaling units for one of the following acts:

a) Buying or selling electricity with the unit having no electricity operation license;

b) Importing or exporting electricity without permit of electricity import and export.

3. A fine of between VND 30,000,000 and 40,000,000 will be imposed on the power wholesaling units for acts of selling electricity without contract approved as prescribed.

4. In addition to main forms of sanction, the power wholesaling units are also confiscated all their proceeds for acts of electricity export without Permit specified at Point b, Clause 2 of this Article.

5. In addition to main forms of sanction, the power wholesaling units are also subject to compensation for all of the money lost for acts of sale at wrong price specified at Clause 1 of this Article.

Article 13. Violation of regulations on power retailing

1. A fine of between VND 200,000 and 500,000 will be imposed for acts of examining customers but having no card of electricity examiner or examination decision of the power units.

2. A fine of between VND 1,000,000 and 3,000,000 will be imposed on the power retailing units for one of the following acts:

a) Failing to publicly post at electricity sale and purchase places the regulations of the law on electricity price list, procedures for power supply, metering, reading of electric meter, collection of electricity bill and termination of power services; regulations on stoppage and reduction of power supply; instruction of electrical safety.

b) Failing to sign the electricity sale and purchase contract after seven (07) working days without plausible reason after the electricity buyer for domestic purpose has met the conditions as prescribed and agreed upon the contents in the draft of contract.

3. A fine of between VND 3,000,000 and 5,000,000 will be imposed on the power retailing units for the acts of obstructing duty officer to examine and inspect the sale and purchase of electricity.

4. A fine of between VND 5,000,000 and 7,000,000 will be imposed on the power retailing units for one of the following acts:

a) Failing to sign electricity sale and purchase contract other than domestic purpose after seven (07) working days without plausible reasons after the electricity buyer has met the conditions as prescribed and agreed upon the contents in the draft of contract.

b) Stopping or reducing the powe supply without notice as prescribed for the order and procedures for stoppage of power supply.

c) Selling electricity without electricity sale and purchase contract with their customers.

5. A fine of between VND 10,000,000 and 15,000,000 will be imposed on the power retailing units for the acts of sale of electricity at the wrong price prescribed by the competent authority:

6. A fine of between VND 15,000,000 and 20,000,000 will be imposed for acts of career abuse to harass customers for personal benefit.

7. A fine of between VND 30,000,000 and 40,000,000 will be imposed for one of the following acts:

a) Buying electricity from the power generating units which have no generation operation License.

b) Importing or exporting electricity without permit of electricity import and export.

8. In addition to the main forms of sanction, the power retailing units are also confiscated all of the proceeds from acts of electricity export without license specified at Point b, Clause 7 of this Article.

9. In addition to the main forms of sanction, the power retailing units are also subject to the remedial measures as follows:

a) Compelling the compensation for all of the money lost for acts specified at Clause 5 and 6 of this Article.

b) Compelling the signing of electricity sale and purchase contract for acts specified at Point a, c, Clause 4 of this Article.

Article 14. Violation of regulations on use of electricity

1. A fine of between VND 500,000 and 1,000,000 will be imposed for one of the following acts:

a) Obstructing competent person to inspect the use of electricity;

b) Failing to notify the electricity seller five (05) working days in advance when wishing to suspend the use of electricity, fifteen (15) days when wishing to terminate the electricity sale and purchase contract in case of purchasing electricity for domestic purpose.

2. A fine of between VND 1,000,000 and 2,000,000 will be imposed for one of the following acts:

a) Unintentionally causing break down to the electrical system of electricity seller;

b) Intentionally supplying power to organizations or individuals that are not supplied with power due to violation of regulations on the use of electricity.

3. A fine of between VND 2,000,000 and 4,000,000 for one of the following acts:

a) Arbitrarily installing, closing, cutting, repair and replacement with electrical equipment and electrical works of the electricity seller;

b) Failing to notify the electricity seller five (05) working days in advance when wishing to suspend the use of electricity, fifteen (15) days when wishing to terminate the electricity sale and purchase contract in case of purchasing electricity for production, business and services.

c) Arbitrarily selling electricity to other customers in case of purchase of electricity at retailing price for domestic purpose.l

4. A fine of between VND 4,000,000 and 5,000,000 for acts of intentional power switching when the electricity using works of the electricity buyer has not been accepted and handed over or during the time of power supply stoppage due to violation of regulations on the use of electricity or Construction Law.

5. A fine of between VND 5,000,000 and 7,000,000 will be imposed for one of the following acts:

a) Causing damages, arbitrarily removing and falsifying power metering system (including meter protection box, seals and wiring diagrams), electrical equipment and electrical works of the electricity seller;

b) Using devices with the aim of jamming, damaging and falsifying equipment, measurement of data transmission, measurement and protection of power systems.

6. A fine of between VND 7,000,000 and 10,000,000 for acts of selling electricity to other customers in case of purchasing electricity at retail price for the purpose of production, business and services.

7. A fine of between VND 10,000,000 and 15,000,000 will be imposed for one of the acts of major customers as follows:

a) Failing to implement the regulations on the use of electricity according to the rate required by the national electrical system moderation Unit in case the system capacity is limited; having no measure to ensure voltage standards which have been agreed upon in the electricity sale and purchase contract.

b) Using electrical technical equipment, connection equipment which do not meet technical standards and electrical safety standards in order to be connected to the national power grid.

c) Failing to perform the operation command from the national electrical system moderation Unit;

d) Failing to cut electricity and reduce power consumption upon requirement of the electricity seller due to the force majeure.

8. Fine will imposed for acts of power theft in any form for domestic purposes:

a) A fine of between VND 1,000,000 and 2,000,000 will be imposed for power theft with an amount of less than 100 kWh;

b) A fine of between VND 2,000,000 and 3,000,000 will be imposed for power theft with an amount from 100 kWh to less than 300 kWh;

c) A fine of between VND 3,000,000 and 4,000,000 will be imposed for power theft with an amount from 300 kWh to less than 500 kWh;

d) A fine of between VND 4,000,000 and 6,000,000 will be imposed for power theft with an amount from 300 kWh to less than 700 kWh;

dd) A fine of between VND 6,000,000 and 10,000,000 will be imposed for power theft with an amount from 700 kWh to less than 1,000 kWh;

e) A fine of between VND 10,000,000 and 15,000,000 will be imposed for power theft with an amount from 1,000 kWh to less than 1,500 kWh;

g) A fine of between VND 15,000,000 and 20,000,000 will be imposed for power theft with an amount from 1,500 kWh to less than 2,000 kWh;

h) A fine of between VND 20,000,000 and 25,000,000 will be imposed for power theft with an amount from 2,000 kWh to less than 2,500 kWh;

i) A fine of between VND 25,000,000 and 30,000,000 will be imposed for power theft with an amount from 2,500 kWh to less than 3,500 kWh;

9. Fines will imposed for acts of power theft in any form for other purposes in addition to provisions in Clause 8 of this Article:

a) A fine of between VND 5,000,000 and 10,000,000 will be imposed for power theft with an amount of less than 200 kWh;

b) A fine of between VND 10,000,000 and 15,000,000 will be imposed for power theft with an amount from 200 kWh to less than 500 kWh;

c) A fine of between VND 15,000,000 and 20,000,000 will be imposed for power theft with an amount from 500 kWh to less than 1,000 kWh;

d) A fine of between VND 20,000,000 and 25,000,000 will be imposed for power theft with an amount from 1,000 kWh to less than 1,500 kWh;

dd) A fine of between VND 25,000,000 and 30,000,000 will be imposed for power theft with an amount from 1,500 kWh to less than 2,000 kWh;

e) A fine of between VND 30,000,000 and 35,000,000 will be imposed for power theft with an amount from 2,000 kWh to less than 2,500 kWh;

g) A fine of between VND 35,000,000 and 40,000,000 will be imposed for power theft with an amount from 2,500 kWh to less than 3,000 kWh;

10. In addition to the main forms of sanction, the violating individuals and organizations are also subject to additional forms of sanctions as follows:

a) Confiscating all proceeds for acts specified at Point c, Clause 2 and 6 of this Article.

b) Confiscating exhibits and means used used to commit violations for acts specified in Clauses 5, 8 and 9 of this Article.

11. In addition to the main forms of saction, the violating individuals and organizations are also subject to remedial measures as follows:

a) Compelling the restoration of orginal state which has been changed for acts specified at Point a, Clause 3 and 5 of this Article.

b) Compelling the compensation for the entire amount of money lost for acts specified in Clause 8 and 9 of this Article;

c) Compelling the use of equipment which meet technical standard for acts specified at Point b, Clause 7 of this Article;

Article 15. Violation of regulations on electricity safety

1. A caution or a fine of between VND 200,000 and 500,000 for one of the following acts:

a) Flying kites, balloons, and other flying objects, types of firecracker with tinsel when firing or dropping anything from heights within the scope of electrical works protection or within the corridor of grid safety protection;

b) Climbing electric pole or entering the power station without any duty;

c) Tying animals, vehicles, working tools to electric poles;

d) Hanging clothes and utensils on electric wire;

dd) Operating rice threshing machine within the corridor of grid safety protection

2. A fine of between VND 500,000 and 1,000,000 will be imposed for one of the following acts:

a) Installing antennas, clothes lines, scaffolding, advertising billboards and light boxes or other items at the location where once collapsing or falling down, these objects will collide or bump the grid after the caution but still not removed;

b) Planting trees or letting tree branches and liana violate the safe distance of power grids, power stations, cutting trees and trimming without safety measures for electrical works.

3. A fine of between VND 1,000,000 and 2,000,000 will be imposed for one of the following acts:

a) Cutting or trimming trees or demolish works not in accordance with regulation of law upon construction, operation and repair of power grids;

b) Failing to restore the original state of relevant works which have been changed due to the performance and arrangement of electrical works;

c) Failing to be equipped with materials on electricity safety and to issue the procedures and regulations on electricity safety applicable within agencies and enterprises.

4. A fine of between VND 2,000,000 and 3,000,000 will be imposed for one of the following acts:

a) Throwing or shooting anything onto electrical wiring and electrical works;

b) Using electricity for fishing, trapping mice, anti-theft, protection of property, crops, using electricity as a direct security (electric fence) without permission of the competent authority;

c) Using electric poles or constructional structures of power stations for other purposes without the agreement of the operation management units of those electrical works;

d) Using electrical power by taking single-phase power, and the neutral conductor is grounded in the form of grounding well, pond, water pipes or other forms.

5. A fine of between VND 3,000,000 and 4,000,000 will be imposed for one of the following acts:

a) Using people who not have been trained in profession and operation and are issued with electricity safety card to participate in the management, operation and repair of electrical equipment or electric wiring of the grid system managed by the unit;

b) Dismantling, erasing, shielding signs, signals and electrical safety instructions;

c) Failing to place signs, signals, instructions at electrically hazardous locations and areas as prescribed or to place land marks or signs along the underground electric cables;

d) Violating regulations on safety assurance for people and property during renovation, upgrading, repair, construction and installation of electrical works;

dd) Failing to set up and fully manage records, origin and technical materials of the electrical equipment in the generation, transmission and distribution of electricity or in the organizations using electricity.

6. A fine of between VND 4,000,000 and 5,000,000 will be imposed for one of the following acts:

a) Designing and installing system of electrical equipment, power transmission lines on construction sites, in factories, hotels, buildings, markets, supermarkets not in accordance with safety standard for electrical safety and fire prevention and combat or inconsistent with "Vietnam standards – Regulation on earthing and neutral connection of electrical equipment";

b) Causing damage to equipment, accessories, building structures of the electric works with the voltage up to 35 kV but not to the extent of incident to stop the power supply;

c) Digging near the foundation of electrical pole may cause subsidence and collapse of pole which the grid operation management unit has warned in writing; filling up land to reduce safety distance from the conductor to the ground within the safety protection corridor of the line with a voltage up to 35 kV;

d) Building huts, shops, temporary works infringing access roads, water supply and drainage way, obstructing ventilation systems, feeder corridors of power plants and power stations;

dd) Building houses, works with roofs and walls made ​​of combustible material or any part of the housing or works violating the safety distance to the charge carriers within the safety protection corridor of high-voltage grid;

e) Use electric poles to hang telecommunications cable electrical safety without electrical safety assurance.

7. A fine of between VND 5,000,000 and 6,000,000 will be imposed for one of the following acts:

a) Causing damages to equipment, accessories, building structures of electrical works with the voltage of 110 kV to 220 kV but not to the extent to stop the power supply;

b) Digging near the foundation of electric pole causing subsidence and collapse or filling up land to reduce safety distance from the conductor to the ground in the safety protection corridor of the lines with a voltage of 110 kV to 220 kV;

c) Exploding or opening mine near the safety protection corridor of high-voltage power grid works may cause damage of equipment, accessories, constructional structure of the works.

d) Digging, driving stake, dredging river bed, lake; anchoring within the scope of safety protection corridor of underground cable laid with signage, signal;

dd) Use of machinery, equipment and means of transportation with a height exceeding 4.5 meters in the safety protection corridor of the overhead high-voltage line or higher than the clearance height of the technical level of waterway resulting in problems to power grid.

8. A fine of between VND 6,000,000 and 7,000,000 will be imposed for one of the following acts:

a) Building houses and works that violate entry and exit way, water supply and drainage way, obstructing the ventilation system, feeder corridors of power plants and power stations;

b) Building houses and works within the safety protection corridor of high-voltage lines or bearing the corridor of underground electric cables laid with signage and signals without the written agreement with the operation management unit of that power grid.

9. A fine of between VND 7,000,000 and 8,000,000 will be imposed for one of the following acts:

a) Laying and storing flammables, explosives, chemicals with metal corrosion in the area of safety protection corridor of the high-voltage grid;

b) Disposing waste with metal corrosion into the safety protection corridor of underground cable.

10. A fine of between VND 8,000,000 and 10,000,000 will be imposed for damage to equipment, accessories, structural construction of 500kv power works, but not to the extent of incident to stop the power supply;

11. A fine of between VND 10,000,000 and 20,000,000 will be imposed for one of the following acts:

a) Operating exceeding the permissible hot current of conductor at normal condition of the high-voltage line when it passes houses, residential areas, public areas frequently crowded with people, hi-tech parks, industrial parks, export processing zones, important works related to security and national defense, the historical - cultural relic areas and famous landscape that have been ranked by the State;

b) Accepting and put into operation the new line without guaranteeing the limit of electric field intensity, failing the implementation of earthing to prevent inductive current as prescribed for houses and works legally existing before building of the line but the investor of the works have not settled in a timely manner within three (03) months after the date of acceptance and energization for works.

c) Accepting and put into operation the new lines which do not guarantee a safe distance as prescribed from the effective time of this Decree;

d) Violating the safe distance of the overhead transmission lines as parallel or crossed with traffic roads.

12. A fine of between VND 20,000,000 and 30,000,000 will be imposed for digging near the foundation of the electric poles causing subsidence or collapse of the pole or filling up land to reduce safe distance from the conductor to the ground within the safety protection corridor of the line with a voltage of 500 kV.

13. In addition to the main forms of sanction, organizations and individuals committing violation may be confiscated their exhibits and means used for acts of violations specified at Points a and c, Clause 1, Clause 2; Clause 4 and Clause 9 of this Article.

14. In addition to the main forms of sanction and additional sanctions, the organizations or individuals committing violation are also subject to the remedial measures as follows:

a) Compelling the removal of illegal construction works for acts specified at Point a, Clause 2, Point c, Clause 4, Point d and Point dd, Clause 6 and Clause 8 of this Article;

b) Compelling the restoration of the original state which has been changed for acts specified at Point b, Clause 3, Point b, Clause 5, Point b and c, Clause 6, Point a, b, d, Clause 7, Point b Clause 9, Clause 10 and Clause 12 of this Article;

c) Compelling the measures to ensure the safety as prescribed for acts specified at Point e, Clause 6, Point b and c, Clause 11 of this Article.

Article 16. Violation of regulations on moderation of electrical system

1. A fine of between VND 10,000,000 and 20,000,000 will be imposed on the power generating Unit and the power transmission Unit for failing to make a report to the electrical system moderation Unit on the problem situation, unusual working status of the equipment likely causing problem and stoppage of operation of the power plant and power transmission grid.,

2. A fine of between VND 30,000,000 and 40,000,000 will be imposed on the power generating Unit and the power transmission Unit for one of the following acts:

a) Failing to comply with the moderation order of the electrical system moderation Unit as prescribed in the Procedures for national electrical system moderation and relevant procedures and regulations, except that implementation of moderation order will cause unsafety to people and equipment;

b) Failing to comply with the procedures for operation of the national electrical system, procedures for equipment operation, procedures for black start, procedures for restoration of national electrical system and relevant procedures and regulations causing problems in the power plant and on the transmission grid.

3. A fine of between VND 30,000,000 and 40,000,000 will be imposed on the power distribution unit for one of the following acts:

a) Failing to comply with the moderation order of the electrical system moderation Unit as prescribed in the Procedures for national electrical system moderation and relevant procedures and regulations, except that implementation of moderation order will cause unsafety to people and equipment;

b) Failing to comply with the procedures for operation of the national electrical system, procedures for power distribution grid operation and procedures for operation of equipment causing problems on power transmission grid.

c) Failing to comply with the procedures for handling problems of the national electrical system, the procedures for handling problems of power transmission grid causing extension of scope of problem.

d) Contributing capital to establish the power generating unit and buying its shares.

4. A fine of VND 10,000,000 and 20,000,000 will be imposed on the national electrical system moderation unit and regional electrical system moderation unit for failing to comply with the relevant procedures and regulations on electricity moderation but not causing any problem on the electrical system without plausible reason.

5. A fine of VND 30,000,000 and 40,000,000 will be imposed on the national electrical system moderation unit and regional electrical system moderation unit for one of the following acts:

a) Failing to moderate the electrical system in accordance with the approved method of operation causing problems on the electrical system without plausible reason.

b) Violating procedures for operation of the national electrical system causing problems on the electrical system;

c) Failing to comply with the procedures for handling problems of national electrical system causing extension of scope of problem

Article 17. Violation of regulations on electricity market

1. A fine of VND 10,000,000 and 20,000,000 will be imposed on the power transmission unit for failing to provide information about the plan for repair of power transmission grid for the electrical system moderation unit and the electricity market transaction operating unit in a timely manner of the Regulation on operation of competitive generation market and Regulation on electricity transmission system.

2. A fine of VND 30,000,000 and 40,000,000 will be imposed on the power transmission unit for failing to provide information or provide accurate information about the plan for annual electrical system operation and scheduling of capacity mobilization of monthly and weekly electric system under the Regulation on operation of competitive generation market.

3. A fine of VND 20,000,000 and 30,000,000 will be imposed on the electricity market transaction operating unit for one of the following acts:

a) Violating the regulations on publication of information as prescribed in the Regulation on operation of competitive generation market.

b) Using input data and data for planning the annual electrical system operation without permission from the competent agency under the Regulation on operation of competitive generation market.

4. A fine of VND 30,000,000 and 40,000,000 will be imposed on the electricity market transaction operating unit and electrical system operating unit for one of the following acts:

a) Violating the regulations on information security as prescribed in the Regulation on operation of competitive generation market.

b) Failing to provide incomplete and untimely information for monitoring of electricity market, settlement of disputes and handling of violation in the electricity market under the Regulation on operation of competitive generation market.

c) Failing to comply with regulation on mobilization scheduling of generating sets as prescribed in the Regulation on operation of competitive generation market and Regulation on electricity transmission system.

d) Failing to comply with regulations on implementation of scheduling of capacity mobilization of generating sets as prescribed in the Regulation on electricity transmission system.

dd) Interfering in the operation of the electricity market does not comply with the provisions of Regulation on operation of competitive generation market, and Regulation on electricity transmission system.

e) Violating the order, procedures and method of calculating the annual power output for the power generating units under the Regulation on operation of competitive generation market and form of electricity sale and purchase contract;

g) Losing data used for the formulation of electricity billing records for transactions in the market during the time of storage as prescribed in the Regulation on operation of competitive generation market;

h) Making agreement with the power generating unit in price offering so that the generating sets of the power generating unit are permitted for mobilization scheduling not in accordance with the order and procedures prescribed in the Regulation on operation of competitive generation market;

5. A fine of VND 30,000,000 and 40,000,000 will be imposed on the power generating unit for one of the following acts:

a) Failing to provide information or provide accurate information about the plan for annual electrical system operation and scheduling of capacity mobilization of monthly and weekly electric system and for settlement of disputes and handling of violations in the market under the Regulation on operation of competitive generation market.

b) Making agreement with other power generating units in price offering for mobilization scheduling;

c) Making direct or indirect agreement with other power generating units in limiting or controlling the capacity offered in the market to increase price on the spot market and affect the power supply security;

d) Making agreement with the electricity market transaction operating unit in price offering for improper mobilization scheduling.

6. A fine of VND 30,000,000 and 40,000,000 will be imposed on the electricity sale and purchase company for one of the following acts:

a) Failing to provide information or provide accurate information about the plan for annual electrical system operation and scheduling of capacity mobilization of monthly and weekly electric system and for settlement of disputes and handling of violations in the market under the Regulation on operation of competitive generation market.

b) Failing to comply with regulations on the order and procedures for appraisal and approval of electricity sale and purchase contract.

7. A fine of VND 30,000,000 and 40,000,000 will be imposed on the metering data management unit and the metering system operation management unit for failing to remedy problems of the metering system, the collection, processing and storage of metering data system within the prescribed time under the Regulation on electricity metering in the competitive generation market.

8. A fine of VND 30,000,000 and 40,000,000 will be imposed on the electricity metering equipment testing and inspecting unit for acts of violation of the regulation on password security of the electricity meter under Regulation on electricity metering in the competitive generation market.

9. In addition to the main forms of sanction, the power generating unit is also confiscated all of the proceeds for acts specified at Point h, Clause 4, Point b, c and d, Clause 5 of this Article.

Chapter 3.

COMPETENCE AND PROCEDURES FOR SANCTION

Section 1. Competence in sanction

Article 18. Competence in sanction of Chairman of People’s Committee at all levels

Chairman of People’s Committee at all levels has a competence in sanction of violation of law in the field of electricity occurring at locality within the scope of management, particularly:

1. Chairman of People’s Committee at communal level has the right to sanction the acts specified in Article 14 and 15 of this Decree as follows:

a) Giving a caution;

b) Imposing a fine of up to VND 2,000,000;

c) Confiscating exhibits and means used for violation valued up to VND 2,000,000;

d) Compelling the restoration of original state which has been changed due to acts of violation;

dd) Compelling the compensation for the entire amount of money lost for acts of violation.

2. Chairman of People’s Committee at district level has the right to sanction the acts specified in Clause 1, 2, Article 11, 13, 14 and 15 of this Decree as follows:

a) Giving a caution;

b) Imposing a fine of up to VND 30,000,000;

c) Confiscating exhibits and means used for violation;

d) Compelling the restoration of original state which has been changed due to acts of violation;

dd) Compelling the removal of unauthorized or improper constructional works;

e) Compelling the compensation for the entire amount of money lost for acts of violation.

g) Compelling the re-inspection of metering equipment or replacement with another metering equipment;

h) Confiscating all of the proceeds from acts of violation.

3. Chairman of the provincial People's Committee may sanction the acts specified in Article 7 and 8, Clause 2, 3, Article 11, Clause 1, Article 12, 13, 14 and 15 of this Decree as follows:

a) Giving a caution;

b) Imposing a fine of up to VND 40,000,000;

c) Depriving the right of use of electricity operation License issued by the People’s Committee of centrally-affiliated provinces and cities.

d) Confiscating exhibits and means used for violation;

dd) Compelling the restoration of original state which has been changed due to acts of violation;

e) Compelling the removal of unauthorized or improper constructional works;

g) Compelling the full payment of fees and charges as prescribed;

h) Compelling the compensation for the entire amount of money lost for acts of violation.

i) Compelling the re-inspection of metering equipment or replacement with another metering equipment;

k) Revoking the electricity operation License issued by the People’s Committee of centrally-affiliated provinces and cities.

l) Confiscating all of the proceeds from acts of violation.

Article 19. Competence in sanction of specialized electricity inspectors

The specialized electricity inspectors of the Ministry of Industry and Trade have the competence in sanction for acts of violation of law in the field of electricity nation-wide. The specialized electricity inspectors of Service of Industry and Trade of centrally-affiliated provinces and cities have the competence in sanction for acts of violation of law in the field of electricity occurring at locality within their scope of management.

1. The specialized electricity inspectors on duty have the right to:

a) Give a caution;

b) Impose a fine of up to VND 500,000;

c) Confiscate exhibits and means used for violation;

d) Compel the restoration of original state which has been changed due to acts of violation;

2. Chief Inspector of the Department of Trade and Industry has the right:

a) Give a caution;

b) Impose a fine of up to VND 30,000,000;

c) Deprive the right of use of electricity operation License issued by the Service of Industry and Trade of centrally-affiliated provinces and cities

d) Confiscate exhibits and means used for violation;

dd) Compel the restoration of original state which has been changed due to acts of violation;

e) Compel the removal of unauthorized or improper constructional works;

g) Compel the full payment of fees and charges as prescribed;

h) Compel the compensation for the entire amount of money lost for acts of violation

i) Compel the re-inspection of metering equipment or replacement with another metering equipment;

k) Confiscate all of the proceeds from acts of violation.

3. Chief Inspector of the Ministry of Trade and Industry has the right:

a) Give a caution;

b) Impose a fine of up to VND 40,000,000;

c) Confiscate exhibits and means used for violation;

d) Compel the restoration of original state which has been changed due to acts of violation;

dd) Compel the removal of unauthorized or improper constructional works;

e) Compel the full payment of fees and charges as prescribed;

g) Compel the compensation for the entire amount of money lost for acts of violation;

h) Compel the re-inspection of metering equipment or replacement with another metering equipment;

i) Confiscate exhibits and means used for violation;

Article 20. Competence in sanction of Director of electricity regulatory Authority

The Director of electricity regulatory Authority has the competence in sanction against acts of violation in the field of electricity nation-wide as specified in Article 7; Clause 3, 4 and 5, Article 8, 9 and 10; Clause 4, 5 and 6, Article 11 and 12; Clause 6 and 7, Article 13; Clause 6, Article 14; Article 16 and 17 of this Decree as follows:

1. Imposing a fine.

2. Depriving the right of use with definite term of electricity operation License.

3. Confiscating exhibits and means used for violation;

4. Confiscate all of the proceeds from acts of violation.

5. Revoking the electricity operation License.

6. Compelling the full payment of fees and charges as prescribed;

7. Compelling the compensation for the entire amount of money lost for acts of violation;

8. Compelling the re-inspection of metering equipment or replacement with another metering equipment;

9. Compelling the separation of power generating unit.

Article 21. Competence in sanction of Director of the Industrial Safety Techniques and Environment Agency

The Director of the Industrial Safety Techniques and Environment Agency has the competence in saction of acts of violation in the field of electricity nation-wide as specified in Article 5 of this Decree as follows:

1. Giving a caution.

2. Imposing a fine.

3. Confiscating exhibits and means used for violation;

4. Compelling the restoration of original state which has been changed due to acts of violation;

5. Compelling the removal of unauthorized or improper constructional works;

6. Compelling the measures to ensure the safety as prescribed

Article 22. Competence in sanction of other forces

In addition to the provisions of Article 18, 19, 20 and 21 of this Decree, the following competent persons upon detecting acts of violations in the field of electricity specified in this Decree under their field and management areas have the right to impose sanctions as follows:

1. People's Policeman on duty, the leader of the People's Policeman or the district police chief has the competence in imposing sanctions against acts of violation in:

a) Clause 1 of Article 8;

b) Clause 3 of Article 13;

c) Point a, Clause 1 of Article 14;

d) Clause 1, 2, 3, Point a, Clause 4, Point b, c and d, Clause 5 of Article 15.

2. Construction inspectors have the competence in sanctioning acts specified at:

a) Point b, Clause 3 of Article 15;

b) Point d, Clause 5 of Article 15;

c) Point d, dd, Clause 6 of Article 15;

d) Point b, Clause 8 of Article 15;

3. Environmental Inspectors have the competence in sanctioning acts specified in Clause 9, Article 15 of this Decree.

SECTION 2. PROCEDURES FOR SANCTION

Article 23. Making records of violation of law in the field of electricity

1. Upon detecting violations specified in Article 7, 8, 9, 10, 11, 12, 13, 14 and 15 of this Decree, the person having competence in sanction specified in Article 18, 19, 21 and 22 of this Decree or electrical inspector on duty must give order to immediately stop these acts of violation and make a record of violation under the record form No. 01 issued in the Appendix to this Decree.

2. The content of the record includes:

a) Date, month, year and place of record making;

b) Full name, position of the person making record;

c) Full name, address, occupation of violating individual or name and address of violating organization;

d) Date, month, year and place of violation;

dd) Description of acts of violation;

e) Measures to prevent violation and ensure the sanction (if any);

g) Condition of exhibits and means distrained (if any);

h) Declaration of violating individual or representative of violating organization;

i) Full name, address, testimony of witnesses, victim or representative of affected organization.

3. The record must be made into at least two copies and signed by the record maker, violating individual or representative of violating organization. If there are witnesses, the victim or representative of affected organization, all of them will have to sign in the record. In case the record includes many sheets, all of the people specified in this Clause have to sign on each sheet of the record.

If the violating individual, representative of violating organization, witnesses, victim or representative of affected organization refuse to sign in the record, the record maker has to specify the reason in the record.

In case the violating individual deliberately evades or is not present at the place of violation occurrence for objective reasons. The record must have the signature of representative of authorities of commune-level or neighborhood group or equivalent level at the place of violation occurrence or of two witnesses.

4. A copy of record once completed must be handed over to violating individual or organization. In case the case of violation is beyond the competence or not under the competence in sanction of the record maker, this person has to transfer the record to the person having the competence in sanction.

Article 24. Decision on sanction against violation

1. Except for cases under the competence in sanction of the Director of electricity regulatory Authority and cases of sanction by the simple procedures specified in Clause 21, Article 1 of the Ordinance amending and supplementing a number of articles of the Ordinance on Handling administrative violations, the time limit for issuing a sanctioning decision is ten (10) working days from the date of the violation record.

For cases of violation with complicated circumstances, the maximum time limit for issuing a sanctioning decision is thirty (30) working days. In case where it is deemed necessary to have more time to verify, collect evidence, the competent person has to report to his/her direct head in writing for the extension, the extension must be made in writing, the time limit for the extension does not exceed thirty (30) working days. Beyond this time limit, the person having the competence in sanction must not issue the sanctioning decision. In the absence of the sanctioning decision, the remedial measures may be applied as prescribed in Clause 3, Article 5 of this Decree.

2. When deciding to sanction a person who commits multiple violations, the competent person issues only a sanctioning decision in which there is a decision on the form and level of penalty for each violation. If the sanctions are pecuniary penalties, they will be combined into a common penalty, the fine may be paid a lump sum or by installments decided by the person having competence in sanction.

3. The contents of sanctioning decision includes (under the form of Decision No. 01 in Annex to this Decree).

a) Date, month and year of decision issuance;

b) Full name, position of the person issuing the decision;

c) Full name, address, occupation of violating individual or name, address of violating organization;

d) Acts of violation according to Point, Clause, Article of this Decree;

dd) Circumstances related to the settlement of violation;

e) Main forms of sanction, additional forms of sanction (if any) and remedial measures (if any)

g) Time limit, place of sanction enforcement and signature of the person issuing sanctioning decision.

4. In the sanctioning decision, specifying that the organizations or individuals will be enforced if they do not comply with the sanction voluntarily.

5. The sanctioning decision takes effect from the signing date, unless otherwise another effective date specified in this decision

6. The sanctioning decision is sent to the sanctioned organizations or individuals and fine collecting agency within 03 working day after the date of the sanctioning decision.

Article 25. Compliance with the sanctioning decision.

1. The sanctioned organizations or individuals must comply with the sanctioning decision within ten (10) working days after being handed over with the sanctioning decision.

2. Beyond the time limit specified in Clause 1 of this Article, the sanctioned organizations or individuals will be enforced if they do not comply with the sanctioning decision voluntarily.

Article 26. Enforcement of compliance with the sanctioning decision

1. The sanctioned organizations or individuals do not comply with the sanctioning decision voluntarily will be enforced by the following measures:

a) Deduction of a portion of salary or income;

b) Deduction of deposit from banking accounts;

c) Distrainment of property valued equivalent to the amount of fine for auction;

d) Stoppage of power supply to these organizations or individuals;

dd) Other measures of enforcement to confiscate exhibits and means used for violation, compelling the restoration of original state which has been changed due to acts of violation or removal of unauthorized constructional works.

2. Organizations or individuals receiving enforcement decision must seriously comply with this decision and bear all costs of measures of enforcement.

3. The enforcement by the measures specified at Point dd, Clause 1 of this Article must be notified in writing before implementation to the Chairman of commune-level People’s Committee where the enforcement takes place for implementation coordination.

4. The functional agencies of the People’s Committee are liable to execute the enforcement decision of the Chairman of People’s Committee at the same level as assigned by the Chairman of People’s Committee.

5. People's Police Force is responsible for ensuring order and safety during the implementation of the enforcement decision of the Chairman of the People's Committee at the same level or the enforcement decisions of other state agencies when these agencies make requests.

6. The competence in issuing enforcement decision is prescribed as follows:

a) The persons having competence in issuing enforcement decision and organizing the implementation of enforcement of compliance with their sanctioning decision as well as their subordinates’s sanctioning decision including:

- Chairman of commune, district and provincial-level People's Committee;

- Police chief, district-level police chiefs, provincial-level police Director;

- Chief inspector of Service of Industry and Trade, Chief inspector of Ministry of Industry and Trade.

b) Director of electricity regulatory Authority;

c) Director of the Industrial Safety Techniques and Environment Agency

Article 27. Procedures for depriving the right of use with definite term of electricity operation License.

1. When depriving the right of use of electricity operation License, the person having competence in sanction will destrain the license specified in the sanctioning decision and immediately notify the agency issuing that license.

2. When the time limit for depriving the right of use of License specified in the sanctioning decision, the person having competence in sanction will return the License to organizations or individuals that are deprived of their License.

3. Upon detecting the electricity operation License issued not in accordance with competence or with unlawful contents, the person having competence in sanction must notify the comptent agency issuing the License in order to revoke it.

Article 28. Other procedures

1. Simple procedures are applicable in case of caution or fine of up to VND 200,000. The simple procedures complies with provisions specified in Article 54 of the Ordinance on Handling of Administrative Violations.

2. The procedures for fine complies with provisions specified in Clause 24, Article 1 of the Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations. The place for fine payment is implemented as prescribed in Article 58 of the Ordinance on Handling of Administrative Violations.

3. The distrainment of exhibits and violating means complies with Clause 19, Article 1 of the Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations. The procedures for the confiscation of exhibits and violating means complies with the provisions specified in Article 60 of the Ordinance on Handling of Administrative Violations. The handling of exhibits and violating means v complies with the provisions specified in Clause 25, Article 1 of the Ordinance amending and supplementing a number of articles of the Ordinance on Handling of Administrative Violations.

Article 29. Transfer of records of violations with criminal signs for criminal prosecution

1. In case individuals or organizations commit acts of electricity theft not specified in Clause 8 and 9, Article 14 of this Decree or when considering the case of violation for sanction decision, if the acts of violation are deemed with criminal signs, the competent person must transfer the records to the competent criminal proceeding conducting agency.

The determination of the amount and value of electricity theft for criminal prosecution is applied in according to the way of calculation of amount and compensation value specified at Point b, Clause 11, Article 14 of this Decree.

2. In case the sanctioning decision has been issued, if detecting that the acts of violation have criminal signs, the person issuing the sanctioning decision must cancel that decision and within 03 working days after the cancellation of sanctioning decision, transfer the case of violation to the competent criminal proceeding conducting agency.

Chapter 4.

IMPLEMENTATION PROVISION

Article 30. Management and use of fines for violation of law

1. The agency having the competence in sanction is permitted to use a portion of fines for violation of law in the field of electricity to serve the tasks of inspection and sanction of violation.

2. The Ministry of Finance will assume the prime responsibility and coordinate with the Ministry of Industry and Trade to stipulate the management and use of revenues from sanction of violation of law in the field of electricity.

Article 31. Effect

This Decree takes effect as from August 1, 2010 and replaces Decree No. 74/2003/ND-CP of June 26, 2003 of the Government on sanctioning administrative violations in the field of electricity.

Article 32. Responsibility for implementation

1. The Ministry of Industry and Trade is responsible for specifying the order and procedures for investigation and sanction in the field of electricity under the competence of the Director of electricity regulatory Authority and Director of the Industrial Safety Techniques and Environment Agency.

2. The Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People's Committees of centrally-affiliated provinces and cities are liable to execute this Decree.