Nghị định 134/2013/NĐ-CP về xử phạt vi phạm hành chính trong lĩnh vực điện lực

DECREE

On sanctioning of administrative violations in the field of electricity, hydroelectric dam safety, economical and efficient use of energy

 

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

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Electricity Law dated December 3, 2004; the Law Amending and Supplementing a Number of Articles of the Electricity Law dated November 20, 2012;

Pursuant to the Law on Economical and Efficient Use of Energy dated June 17, 2010;

Pursuant to the Ordinance on Exploitation and Protection of Irrigation Works dated April 4, 2001;

At the proposal of the Minister of Industry and Trade;

The Government hereby promulgates the Decree on sanctioning of administrative violations in the field of electricity, hydroelectric dam safety, economical and efficient use of energy;

 

Chapter 1.

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree provides for administrative violations, sanctioning form, fine levels, remedial measures, procedures and competence to sanction administrative violations in the field of electricity, hydroelectric dam safety, economical and efficient use of energy but do not constitute a crime, including:

1. Electricity-related violations

a) Provisions on electricity operation license;

b) Provisions on building and installation of electricity works;

c) Provisions on electricity generation, transmission and distribution;

d) Provisions on electricity wholesaling and retailing;

dd) Provisions on use of electricity;

e) Provisions on electric safety;

g) Provisions n on electric system regulation;

h) Provisions on electricity market.

2. Hydroelectric dam safety-related violations;

a) Provisions on management and operation of hydroelectric dams;

b) Provisions on safety assurance of hydroelectric dams and downstream areas;

c) Provisions on safety assurance of vicinity protecting hydroelectric dams.

3.Violations relating to economical and efficient use of energy

a) Provisions on energy auditing;

b) Provisions on economical and efficient use of energy in industrial production, construction, transport and agricultural production;

c) Provisions on management and economical and efficient use of energy in the major energy users;

d) Provisions on energy labeling in production, import and distribution of energy-consuming devices and equipment;

dd) Provisions on production, import and circulation of energy-consuming devices and equipment included in the List of devices and equipment subject to elimination.

Article 2. Statute of limitations

The statute of limitations for sanctioning an electricity-related violation, or violation relating to hydroelectric dam safety or economical and efficient use of energy is 01 year. For a violation relating production and import of economical and efficient energy-consuming devices and equipment, the statute of limitations for sanctioning is 02 years.

Article 3. Sanctioning forms

1. Principal sanctions

For each violation, the violating organizations, individuals or electricity unit must be subject to one of the following principal sanctions:

a) A caution;

b) A fine;

- The fine levels to be imposed for violations specified in this Decree are those applied for individuals, except for the cases where the violators are organizations or electricity units. The fine levels imposed on organizations or electricity units are twice as much as that imposed on individuals. To be specific:

- The maximum fine to be imposed in the field of electricity is 50,000,000 VND for individuals and 100,000,000 VND for organizations or electricity units.

- The maximum fine to be imposed in the field of hydroelectric dam safety is 100,000,000 VND for individuals and 200,000,000 VND for organizations. For one act of violation relating to hydroelectric dam safety specified in this Decree, 100% of the fine shall be imposed for the works of hydroelectric dams of grade II or higher and 70% for those of grade III or lower.

- The maximum fine to be imposed the field of economical and efficient use of energy is 100,000,000 VND for individuals and 200,000,000 for organizations.

2. Additional sanctions

Apart from the principal sanctions, depending on the nature and seriousness of violations, the violating individuals, organizations or electricity units may be applied one of the following additional sanctions:

a) In the field of electricity

Confiscation of material evidences of administrative violations or means used for commission of administrative violations.

b) In the field of hydroelectric dam safety

- Confiscation of material evidences of administrative violations or means used for commission of administrative violations;

- Suspension of the hydroelectric reservoir water storage activities for a definite time.

c) In the field of economical and efficient use of energy

- Deprivation of the right to use the construction permit or certificate for a definite time;

- Confiscation of material evidences of administrative violations or means used for commission of administrative violations.

Article 4. Remedial measures

Apart from the principal sanctions and additional sanctions specified in Article 3 herein, violating organizations, individuals or electricity units may be applied one of the remedial measures specified in Chapter II herein.

 

Chapter 2.

VIOLATIONS, SANCTIONING FORM AND REMEDIAL MEASURES

 

Section 1. ELECTRICITY-RELATING VIOLATIONS

 

Article 5. Violations relating to electricity operation licenses

1. A caution or fine ranging from 1,000,000 VND to 2,000,000 VND shall be imposed for the act of failing to make annual report on the production and business operations in the licensed fields to the licensing agencies according to regulations.

2. A fine ranging from 5,000,000 VND to 8,000,000 VND shall be imposed on the electricity units committing one of the following violations:

a) Failing to carry out the procedures for modifying and supplementing the electricity operation license within 30 days after changing name and address of the headquarter;

b) Failing to report to the licensing agencies within 60 days before the suspending the electricity activities in case the electricity operation license still remains valid.

3. A fine ranging from 8,000,000 VND to 10,000,000 VND shall be imposed on the electricity unit failing to send the audited annual financial statement to the licensing agency as prescribed, except for specialized electricity consultancy units.

4. A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed on the electricity unit committing one of the following violations:

a) Conducting electricity activities with the expired electricity operation license.

b) Conducting electricity activities during the period on which the electricity operation license is lost or mislaid without reporting to the licensing agencies.

5. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity unit committing one of the following violations:

a) Failing to carry out the procedures for modifying and supplementing the electricity operation license within 30 days after changing the contents in the license, except for violations specified at Point a, Clause 2 herein;

b) Failing to comply with one of the contents of the electricity operation license, except for the violations specified in this Decree.

6. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed on the electricity units failing to maintain the conditions for being granted with the electricity operation license:

7. A fine ranging from 60,000,000 VND to 70,000,000 VND shall be imposed on the electricity unit committing one of the following violations:

a) Conducting electricity activities without the electricity operation license;

b) Conducting electricity activities during the period on which the electricity operation license is revoked by the competent state agency;

c) Arbitrarily modifying the contents stated in the electricity operation license;

d) Leasing, lending or borrowing the electricity operation license.

8. Apart from the principal sanctions, the violating electricity units shall be applied the remedial measures of forcible refund of the illicit profits earned through the commission of administrative violations specified at Points a and b, Clause 7 herein to the state budget.

 Article 6. Violations relating to building and installation of electricity works

1. A fine ranging from 1,000,000 VND to 5,000,000 VND shall be imposed for the act of preventing organizations and individuals from repairing or constructing electricity works.

2. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for one of the following acts of violation:

a) Installing, repairing or relocating electricity works without reaching an agreement with the owner of electricity project property or the unit managing and operating the electricity works;

b) Arbitrarily installing the system of transmission lines, transformer stations and electric equipment beyond the scope approved by the competent agency.

3. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed on one of the following acts of violation:

a) Installing and putting into operation the electric supplies and equipment that fail to meet the technical standards and regulations prescribed by the competent state agency.

b) Arbitrarily promulgating and forcibly applying the standards relating to the construction and installation of electricity works in consistent with technical standards and regulations prescribed by the competent state agency.

4. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the act of commencing the construction of electricity works which are not included in the approved electricity development planning, except for cases approved by the competent agency.

5. Apart from the principal sanctions, the violating organizations and individuals may be subject to the following remedial measures:

a) Forcible restoration to the original state for the violations specified in Clause 2 herein;

b) Forcible replacement and installation of electric supplies and equipment that meet the technical standards and regulations for the violations specified at Point a, Clause 3 herein;

Article 7. Violations relating to electricity generation

1. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed on the electricity-generating unit failing to provide information on readiness for electricity generation, reserve capacity and implementation of operation mode of power plant and other information related to the electricity generation at the written request of the national electric system-regulating unit, the electricity market transaction-administering unit or the electricity-regulating agency.

2. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-generating unit using electricity measuring device that has not been inspected according to regulations or fails to meet the technical standards and regulations applicable to electricity measuring device of power plants.

3. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the electricity-generating unit committing one of the following violations:

a) Failing to comply with the technical process, standards and regulations on connection and operation of power plants and electricity grids;

b) Providing inaccurate information on the readiness of the electric generator set and power plant causing damage to the electricity generation activities.

4. A fine ranging from 90,000,000 VND to 100,000,000 VND shall be imposed on the electricity-generating unit having the total installed capacity of power plants greater than 25% of the total installed capacity of power plants with a capacity greater than 30 MW in the electric system.

5. Apart from the principal sanctions, the electricity-generating unit may be subject to the following remedial measures:

a) Forcible use of inspected equipment that meets the technical standards and regulations for the violations specified in Clause 2 herein;

b) Forcible separation to reduce the total installed capacity of less than 25% of the total installed capacity of power plants with a capacity greater than 30 MW of electric systems for the violations specified in Clause 4 herein.

Article 8. Violations relating to electricity transmission activities

1. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed on the electricity-transmitting unit failing to provide information on the transmission capacity, operation mode of electricity transmission grids and the readiness of equipment and information relating to the electricity transmission activities at the written request of the national electric system-regulating unit, the electricity market transaction-administering unit or the electricity-regulating agency.

2. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-transmitting unit committing one of the following acts of violations:

a) Allowing connection to the electricity transmission grid of the equipment which does not meet technical standards and regulations according to regulations;

b) Using electricity measuring device that has not been inspected according to regulations or fails to meet the technical standard and regulations applicable to the electricity measuring devices of the electricity transmission grids.

3. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the electricity-transmitting unit committing one of the following acts of violations:

a) Failing to comply with the technical process and regulations on electricity grid operation;

b) Failing to provide the electricity transmission services at the request of electricity transmission grid user, except for the where the electricity grids are overloaded as confirmed by electricity-regulating agencies;

c) Providing inaccurate information on the operation status of electricity grids causing damage to the electricity transmission activities.

4. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed on the electricity-transmitting unit committing one of the following acts of violations:

a) Failing to take the remedial measures and restore the working state of the electricity transmission grids according to regulations, thereby causing interruption to the electricity supply or overload of electric equipment on the electricity transmission grids within the time limits prescribed in the Regulations on electricity transmission system without the legitimate reason.

b) Failing to suspend or request the national electric system-regulating unit to reduce the electricity transmission load in case of risk to human lives and safety of equipment.

5. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity-transmitting unit committing one of the following acts of violations:

a) Failing to build or delay the construction of electricity grid from the connection point of the electricity-generating unit and electricity-distributing unit when such units have met the conditions and technical standards and regulations on connection to the national electric system without the legitimate reason confirmed by the electricity-regulating agency.

b) Providing transmission services in contrary of the Regulations on electricity transmission system, causing damage to the electricity-generating unit, the electricity-distributing unit or customers using electricity directly connected to the electricity transmission grids, except for cases where electricity grids are overloaded as confirmed by the electricity-regulating agency.

c) Contributing capital to establish the electricity-generating unit; purchasing stocks of the electricity-generating unit.

6. Apart from the principal sanctions, the electricity-transmitting unit may be subject to the following remedial measures:

a) Forcible use of equipment fully meeting the technical standards and regulations for the violations specified at Point b, Clause 2 herein;

b) Forcible recovery of contributed or purchased capital of the electricity-generating unit for the violations specified at Point c, Clause 5 herein.

Article 9. Violations relating to electricity distribution

1. A fine ranging from 1,000,000 VND to 3,000,000 VND shall be imposed for one of the following acts of violation:

a) Removing or installing measuring device on electricity grids when not being assigned to do so;

b) Failing to have written records of removal or hanging when installing or replacing electricity measuring devices;

c) Failing to obtain professional cards when calibrating measuring devices on the electricity grid;

d) Failing to obtain inspection certificates or stamps or seals when inspecting electricity measuring devices;

dd) Failing to acceptance within the prescribed time limit after installing, replacing, repairing or calibrating electricity measuring devices;

2. A fine ranging from 6,000,000 VND to 8,000,000 VND shall be imposed on the electricity-distributing unit committing one of the following violations:

a) Failing to complete the test, repair or replacement of electricity measuring devices or failing to take replacement measures within 03 business days after receiving the written request from the electricity buyer;

b) Failing to handle incidents within 02 hours after detecting or receiving the electricity buyer’s notice of the electricity grid incident managed by the electricity seller to restore the electricity supply without any legitimate reason;

c) Suspending or reducing the electricity supply in contravention of the announced contents;

d) Using the electricity measuring devices that are not inspected according to regulations or have been inspected but fail to meet the technical standards and regulations applicable to electricity measuring devices for electricity distribution grids;

dd) Using the electricity measuring devices failing to satisfy the National standards (TCVN) or those that are not inspected and sealed by state management agencies or designated metrology organizations.

3. A fine ranging from 8,000,000 VND to 10,000,000 VND shall be imposed on the electricity-distributing unit committing one of the following violations:

a) Suspending or reducing the electricity supply without notice according to regulations on the order of suspending or reducing the electricity supply;

b) Arbitrarily using the electricity works that are not under the management to supply electricity to other electricity-using organizations or individuals;

c) Suspending or reducing the electricity supply to the priority customers in case of electricity shortage, except in cases where there is a risk of causing serious unsafe incidents for people, equipment, and the electric system.

4. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed on the electricity-distributing unit committing one of the following violations:

a) Failing to make report on the readiness for operation, the back-up level of electricity grid and electricity distribution equipment and the need of electricity use in the operation area at the request of the national electric system-regulating unit, the electricity market transaction-administering unit or the electricity-regulating agency or the competent state agency;

b) Providing inaccurate information, thereby effecting the safety and causing damage to the electricity supply;

c) Failing to provide the electricity distribution services to the electricity-using customers, electricity-retailing units or electricity-wholesaling units that satisfy the technical standards and regulations, quality of services and safety under the agreements, except for the case where the electricity distribution grids are overloaded as confirmed by the electricity-regulating agency or authorized agency.

5. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-distributing unit suspending the electricity supply due to technical incident as a result of violating the operation process or failing to test or inspect equipment according to regulations.

6. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the electricity-distributing unit allowing the connection to the electricity distribution grid the equipment in consistent with the technical standards and regulations according to regulations.

7. Apart from the principal sanctions, the electricity-distributing unit may be subject to the following remedial measures:

a) Forcible use of the electricity measuring devices that have been inspected and satisfy the technical standards and regulations for the violations specified at Point d and Point dd Clause 2 herein;

b) Forcible compensation for the total damaged amount for the violations specified at Points d and dd Clause 2 herein.

Article 10. Violations relating to power purchase and wholesale

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-wholesaling unit failing to sell power at the price specified by the competent agency.

2. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the electricity unit purchasing and wholesaling power under the power purchase or wholesale agreement that fails to comply with the law on the power purchase agreement with definite time.

3. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed on the electricity-wholesaling unit purchasing or selling power with the units failing to obtain electricity operation license.

4. A fine ranging from 60,000,000 VND to 70,000,000 VND shall be imposed on the electricity-wholesaling unit importing or exporting power without electricity import or export permit.

5. Apart from the principal sanctions, the electricity-wholesaling unit may be subject to the remedial measures of forcible refund to the state budget of illicit profits earned through the export of electricity without electricity export permit as specified in Clause 4 herein.

Article 11. Violations relating to electricity retailing

1. A caution or a fine ranging from 300,000 VND to 500,000 VND shall be imposed for the act of inspecting electricity-using organizations or individuals without producing electricity inspector card or without having an inspection decision of the electricity unit.

2. A fine ranging from 2,000,000 to and 6,000,000 VND shall be imposed on the electricity-retailing unit committing one of the following violations:

a) Failing to publicly post at the electricity trading locations the law provisions on electricity price tables; procedures for electricity supply, measurement, counting, inscription of meter figures, electricity charge collection and termination of electricity services, regulations on suspending and reducing electricity supply, electric safety instructions;

b) Failing to sign the power purchase agreement after 07 business days without the legitimate reason from the time the one buying electricity for domestic use purpose satisfies the conditions according to regulations and agreed terms in the draft agreement.

3. A fine ranging from 6,000,000 VND to 10,000,000 VND shall be imposed on the electricity-retailing unit preventing persons on duty from examining or inspecting the power purchase.

4. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed on the electricity-retailing unit for one of the acts as follows:

a) Failing to sign the power purchase agreement except for domestic use after 07 business days without any the legitimate reason after the electricity buyer for domestic use ensures the conditions and agrees with the contents in the draft agreement.

b) Suspending or reducing the electricity supply without notice according to regulations on the order of stoppage or reduction in electricity supply;

c) Selling electricity without sale agreement with customers using power.

5. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-retailing unit selling the electricity at the price not regulated by the competent agency.

6. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of taking advantage of profession to harass organizations and individuals using electricity for personal gain.

7. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed on the electricity-retailing unit buying electricity from the electricity unit that does not have an electricity operation license.

8. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity-retailing unit importing or exporting electricity without an electricity import or export permit.

9. Apart from the principal sanctions, the electricity-retailing unit may be subject to the remedial measure of forcible refund to the state budget of illicit profits earned from the electricity export without an electricity export permit specified in Clause 8 herein.

Article 12. Violations relating to electricity use

1. A caution or a fine ranging from 500,000 VND to 1,000,000 VND shall be imposed for the act of preventing competent person from inspecting the use of electricity.

2. A fine ranging from 1,000,000 VND to 2,000,000 VND shall be imposed for one of the following acts of violation:

a) Unintentionally causing incident to the electric system of the electricity seller;

b) Arbitrarily supplying electricity to the organizations and individuals that are subject to electricity supply suspension due to violations relating to use of electricity and violations of law provisions on construction and environmental protection.

3. A fine ranging from 2,000,000 VND to 4,000,000 VND shall be imposed for one of the following acts of violation:

a) Arbitrarily installing, cutting, repairing, relocating and replacing electric equipment and electricity works of the electricity seller;

b) Failing to notify the electricity seller 15 days in advance when wishing to terminate the power purchase agreement in case of buying electricity for other purposes other than domestic purposes.

4. A fine ranging from 4,000,000 VND to 5,000,000 VND shall be imposed for the act of arbitrarily cutting the electricity use when the electricity buyer’s electricity works have not yet been accepted; during the period of suspension of electricity supply due to violations of regulations on the use of electricity and violations of law provisions on construction and environmental protection.

5. A fine ranging from 5,000,000 VND to 7,000,000 VND shall be imposed for one of the following acts of violation:

a) Causing damage, arbitrarily relocating the electricity measuring system (including the meter protection cabinet, the seals and wiring diagram);

b) Using equipment for the purpose of interference, thereby causing damage to the equipment of data transmission, measurement and protection of electric system.

6. A fine ranging from 7,000,000 VND to 10,000,000 VND shall be imposed on the landlords charging tenants at a higher rate than the prescribed one in case of purchasing electricity according to the electricity retailing price for domestic purposes.

7. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed on the landlord charging tenants at a higher rate than the prescribed one in case of purchasing electricity according to the electricity retailing price for production, business, and service purposes.

8. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the big electricity-using customer committing one of the following acts of violation:

a) Failing to properly implement the electricity use regulation according to the requirement of the national electric system-regulating unit in case the system’s capacity is limited; failing to take measures to ensure the voltage standards as agreed upon in the power purchase agreement;

b) Using electric devices and connection equipment that fail to meet the standards, technical regulations and standards on electric safety for connection to the national electricity grid;

c) Failing to follow operation orders of the national electric system-regulating unit;

d) Failing to cut or reduce in electricity consumption at the electricity seller’s request due to force majeure event.

9. The following fine shall be imposed for the act of electricity stealing in any form:

a) A fine ranging from 2,000,000 VND to 5,000,000 VND shall be imposed for the act of electricity stealing with an amount of less than 1,000 kWh;

b) A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of electricity stealing with an amount from 1,000 kWh to less than 2,000kWh;

c) A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of electricity stealing with an amount from 2,000 kWh to less than 4,500kWh;

d) A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of electricity stealing with an amount from 4,500 kWh to less than 6,000kWh;

dd) A fine ranging from 20,000,000 VND to 25,000,000 VND shall be imposed for the act of electricity stealing with an amount from 6,000 kWh to less than 8,500kWh;

e) A fine ranging from 25,000,000 VND to 30,000,000 VND shall be imposed for the act of electricity stealing with an amount from 8,500 kWh to less than 11,000kWh;

g) A fine ranging from 30,000,000 VND to 35,000,000 VND shall be imposed for the act of electricity stealing with an amount from 11,000 kWh to less than 13,500kWh;

h) A fine ranging from 35,000,000 VND to 40,000,000 VND shall be imposed for the act of electricity stealing with an amount from 13,500 kWh to less than 16,000kWh;

i) A fine ranging from 40,000,000 VND to 45,000,000 VND shall be imposed for the act of electricity stealing with an amount from 16,000 kWh to less than 18,000kWh;

k) A fine ranging from 45,000,000 VND to 50,000,000 VND shall be imposed for the act of electricity stealing with an amount from 18,000 kWh to less than 20,000kWh;

10. For the case of electricity stealing from 20,000 kWh or more of which the case file is transferred for examination for penal liability under Clause 1, Article 44 herein, but then the decision not to institute a criminal case, decision to cancel the decision to institute criminal cases, decision to stop investigation or decision to stop criminal case of the competent agency or return of the case file is issued, the time limit for sanctioning specified in Article 63 of the Law on Handling of Administrative Violations, the fine levels specified at Point k Clause 9 herein and the remedial measures specified at Point d Clause 12 herein shall be applied.

11. Apart from the principal sanctions, the violating organizations and individuals may be subject to the additional sanctions of confiscation of material evidences and means of administrative violations for the violations specified in Clauses 5 and 9 herein.

12. Apart from the principal sanctions, violating organizations and individuals may be subject to the following remedial measures:

a) Forcible restoration to the original state for the violations specified at Point a Clause 3 and Clause 5 herein;

b) Forcible refund of illicit money earned through the commission of administrative violations for the violations specified in Clause 6 and 7 herein;

c) Forcible use of equipment fully satisfying the technical regulations and standards, for the violations specified at Point b, Clause 8 herein;

d) Forcible compensation for the damaged amount, for the violations specified at Point a, Clause 5 and Clause 9 herein;

Article 13. Violations relating to electric system regulating

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the national electric system-regulating unit and the regional electric system-regulating unit failing to comply with the relevant process and regulations without causing incident in the electric system without the legitimate reason.

2. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed the national electric system-regulating unit and the regional electric system-regulating unit committing one of the following violations:

a) Regulating the electric system in contravention of the approved operation plan, thereby causing incident in the electric system without the legitimate reason;

b) Violating the Operating procedures of national electric system causing incident in the electric system;

c) Failing to comply with the Incident response procedures of national electric system resulting in the expansion of incident scope;

d) Contributing capital to establish the electricity-generating unit and purchasing shares of the electricity-generating unit.

3. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-generating unit and the electricity-transmitting unit failing to report to the electric system-regulating unit the incident and the state of abnormal working of the equipment that can potentially cause the power plants’ or electricity transmission grids’ suspension from operation.

4. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity-generating unit and the electricity-transmitting unit committing one of the following violations:

a) Failing to comply with the regulating order of the electric system-regulating unit according to the Regulations of the Process of regulating the national electric system and the relevant processes and regulations, except for the cases of implementing the regulating order can cause unsafety to people and equipment;

b) Failing to comply with the Operating procedures of national electric system, the Black start procedures, Incident response procedures of national electric system, Procedures for restoration of the national electric system, Operating procedures of equipment and other relevant procedures and regulations, causing incidents within the power plants or electricity transmission grids.

5. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity-distributing unit committing one of the following violations:

a) Failing to comply with the dispatching order from the electric system-regulating unit in the Procedures for regulating the national electric system, except for the cases where the implementation of dispatching order can cause unsafety to people and equipment;

b) Failing to comply with the Operating procedures of national electric system, Procedures for manipulating the electricity distribution grid and Process of operation of equipment, causing incidents on the electricity transmission grid.

c) Failing to comply with the Incident response procedures of national electric system and the Incident response procedures of electricity distribution grid, causing the expansion of incident scope.

6. Apart from the principal sanctions, the national electric system-regulating unit and the regional electric system-regulating unit may be subject to the remedial measures of forcible re-sale of the capital contributed or purchased from the electricity-generating unit for the violations specified at Point d Clause 2 herein.

Article 14. Violations relating to electricity market

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-transmitting unit failing to provide information on the plan for repairing the electricity transmission grid for the electric system-regulating unit, the electricity market transaction-administering unit within the time limit specified in the Regulation on competitive electricity market and Regulation on electricity transmission system.

2. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity-transmitting unit failing to provide information or providing inaccurate information for the making of annual electric system operation plans and the schedule of monthly and weekly electricity capacity mobilization according to the Regulation on competitive electricity market.

3. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the electricity market transaction-administering unit committing one of the following violations:

a) Violating regulations on disclosure of information specified in the Regulation on competitive electricity market;

b) Using input data and data for the making of annual electric system operation plans without permission from the competent authority according to the Regulation on competitive electricity market.

4. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity market transaction-administering unit and the electric system-administering unit committing one of the following violations:

a) Violating regulations on information confidentiality specified in the Regulation on competitive electricity market;

b) Provide insufficient information in service of the supervision of electricity market, settlement of dispute and handling of violations on the electricity market within the prescribed time limit as specified in the Regulation on competitive generation market operation and Regulation on electricity market monitoring;

c) Failing to comply with the regulation on scheduling of electric generator sets specified in the Regulation on competitive electricity market and Regulation on electricity transmission system;

d) Failing to comply with regulation on implementation of schedule of capacity mobilization of electric generator sets specified in the Regulation on electricity transmission system.

dd) Interfering in the operation of electricity market without complying with the Regulation on competitive electricity market and Regulation on electricity transmission system.

e) Violating the order, procedures and method of calculation of annual electricity output for the electricity-generating units according to the Regulation on competitive electricity market and Regulation on sample power purchase agreement;

g) Losing data used for compiling dossiers of payment of electricity traded on the market during the storage according to the Regulation on competitive electricity market;

h) Reaching an agreement with the electricity-generating unit to make offer for the electric generator sets of the electricity-generating unit to be scheduled inconsistent with the order and procedures specified in the Regulation on competitive electricity market.

5. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the electricity-generating unit committing one of the following violations:

a) Failing to make and send dossiers of registration for participation in the electricity market according to the Regulation on competitive electricity market.

b) Failing to invest in the electricity market information connection system, SCADA/EMS, electricity metering to meet the requirement for electric system and market operation.

6. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the electricity-generating unit committing one of the following violations:

a) Failing to provide information or providing inaccurate information for the making of annual electric system operation plans and the schedule for mobilization of monthly and weekly electric system capacity; for the settlement of disputes and handling of violations on electricity market according to the Regulation on competitive electricity market.

b) Reaching an agreement with other electricity-generating units in making offer for mobilization scheduling;

c) Reaching a direct or indirect agreement with other units in restricting or controlling the capacity offered for sale on the market to increase price on the spot market, affecting the electricity supply security;

d) Reaching an agreement with the electricity market transaction-administering unit in making offer for mobilization scheduling in contravention of regulations.

7. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the electricity wholesaler committing one of the following violations:

a) Failing to provide information or providing inaccurate information for the making of annual electric system operation plans and the schedule for mobilization of monthly and weekly electric system capacity; for settlement of disputes and handling of violations on electricity market according to the Regulation on competitive electricity market;

b) Failing to comply with regulation on order, procedures for assessment and approval of power purchase agreement.

8. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the measurement data management unit and the unit managing and operating the metering system that fail to perform troubleshooting work on the electricity metering system; system for collecting, processing and storing electricity metering data within the time limit according to the Electricity Metering Regulations in the competitive electricity generation market;

9. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the unit for testing and verifying electricity measuring equipment violating the regulation on security of password levels of electricity meters according to the Electricity Metering Regulations capacity in the competitive electricity generation market.

10. Apart from the principal sanctions, the electricity-generating units may be subject to the remedial measures of forcible refund to the state budget of the illicit profits gained from the commission of violations specified at Point h, Clause 4, Points b, c and d, Clause 6 herein.

Article 15. Violation relating to electric safety

1. A fine ranging from 1,000,000 VND to 5,000,000 VND shall be imposed for one of the following violations:

a) Entering the electricity station or climbing on power pole when not being assigned to do so;

b) Planting trees or letting them violate the safe distance from overhead electricity transmission lines or transformer stations;

c) TV antennas, clotheslines, scaffolding, signs, and advertising light boxes in locations where they can fall or collide with the electricity grid.

d) Flying a kite or any object that causes electricity grid problems.

2. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for one of the following violations:

a) Using any part of the electricity grid for other purposes without agreement with the unit managing the operation of electricity grid;

b) Pouring, backfilling, and arranging materials, waste, supplies, and equipment under the conductors of overhead electricity transmission lines and leaving the distance from the electricity transmission linces to the materials, waste, supplies, and equipment less than the electricity discharge safety distance according to the voltage grades;

c) Using any parts of dwelling houses or works, which are allowed to exist in the overhead electricity transmission line safety protection corridors for other purposes, which may encroach upon the electricity discharge safety distance according to the voltage grades;

d) Building or renovating houses, works situated within overhead electricity transmission line safety protection corridors without agreement or complying with agreements with units managing the operation of the electricity transmission lines to ensure safety in construction and renovation of houses, works;

dd) Loading goods, raw materials, materials, planting trees, anchoring ships within the underground electric cable safety protection corridor;

e) Building houses or works interfering with entrances or air-ventilating holes of electricity stations, power plants.

3. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for one of the following violations:

a) Building works into the ground or dredging rivers, lakes, or ponds within underground electric cable safety protection corridor without informing units managing the operation of the cables as prescribed;

b) Failing to install safety signs or signboards, warning signs with incorrect models for electricity transmission lines, electricity stations, and power plants according to the Regulations on electricity safety;;

c) Cutting trees and letting them fall into the electricity grid;

d) Building houses or works on the underground electric cable safety protection corridor;

dd) Failing to obtain work slip or work order when performing work that must be done according to the work slip or work order.

4. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for one of the following violations:

a) Digging or driving piles into the underground electric cable safety protection corridor;

b) Operating equipment, instrument, or means or conducting other activities that may encroach upon electricity discharge safety distance according to the voltage grades;

c) Dismantling any component of electricity grid or power plant when not being assigned to do so;

d) Throwing, shooting, tossing anything that damages parts of the electricity grid or power plant or causing incident to electricity grid or power plant;

dd) Using electricity to trap, catch animals or to use as direct protective measures in contravention of law;

e) Failing to issue sufficient procedures and internal regulations on electric safety as prescribed;

g) Failing to take sufficient safety measures when working by work slip or work order and thereby causing incidents or accidents;

h) Employing persons not yet been trained in terms of electricity or electric safety, or not yet been granted with electric safety card, inspector card to manage operation, repair electricity grid, power plant.

5. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for one of the following violations:

a) Designing, installing and putting into operation the electricity grid or power plant which does not meet the technical regulation and regulations on electric safety;

b) Failing to inspect and test lightning-arresting and earthed system of power plant, electricity stations;

c) Storing or placing combustible, explosive, or corrosive substances within electricity grid safety protection corridors.

6. A fine ranging from 40,000,000 VND to 50,000,000 VND shall be imposed for one of the following violations:

a) Digging and causing subsidence, tilt, or collapse of poles of electricity transmission lines or equipment of electricity station and power plant;

b) Exploding mine causing damage to any part of electricity grid and power plant;

c) Using construction means causes shock and damage to the electricity grid or power plant.

7. Apart from the principal sanctions, violating organizations and individuals may be subject to the additional sanctioning form of confiscation of material evidences and means of administrative violations specified in Clause 2; Points a, c and d, Clause 3; Points a, b, c, d and dd, Clause 4; Point c, Clause 5; Points a and c, Clause 6 herein.

8. Apart from the principal sanctions and additional sanctions, organizations and individuals committing must take the following remedial measures:

a) Forcible restoration of the original state for the violations specified at Points b and c, Clause 1, Clause 2, Points c and d Clause 3; Points a, c and d, Clause 4; Point c, Clause 5 and Clause 6 herein;

b) Forcible removal of means and equipment of construction out of the safety corridor of high voltage grid for the violations specified at Point dd, Clause 2; Point a, Clause 3; Point b, Clause 4; Points a and c, Clause 6 herein;

c) Forcible separation of the electricity transmission lines and electric equipment which fail to meet the technical and safety standards for the violations specified at Point a, Clause 5 herein;

d) Forcible suspension of work until there is a work slip or taking sufficient appropriate safety measures for the violations specified at Point dd, Clause 3 and Point g, Clause 4 herein.

 

Section 2. HYDROELECTRIC DAM SAFETY

 

Article 16. Violations relating to operation and management of hydroelectric dams

1. A fine ranging from 3,000,000 VND to 7,000,000 VND shall be imposed for the act of failing to register the hydroelectric dam safety in accordance with the law on management of hydroelectric dam safety.

2. A fine ranging from 20,000,000 VND to 25,000,000 VND shall be imposed for the act of failing to have procedures for equipment operation and procedures for maintenance of hydroelectric dam as prescribed;

3. A fine ranging from 30,000,000 VND to 35,000,000 VND shall be imposed for one of the following violations:

a) Failing to have procedures for hydroelectric reservoir operation or operating in contravention of the procedures for hydroelectric reservoir operation as approved by the competent agency;

b) Failing to install the equipment for monitoring the hydroelectric dam according to the approved design;

c) Failing to monitor, process or store the monitoring data;

d) Failing to make report on state of hydroelectric dam safety to the competent state agency.

4. A fine ranging from 45,000,000 VND to 50,000,000 VND shall be imposed for one of the following violations:

a) Failing to maintain hydroelectric dams and equipment installed at hydroelectric dams as prescribed;

b) Failing to prepare human resources, raw materials, and backup supplies for flood and storm prevention to ensure hydroelectric dam safety according to the approved plan;

c) Failing to prepare resources, raw materials, and backup supplies for flood prevention in the downstream areas of hydroelectric dams according to the approved plan.

5. A fine ranging from 65,000,000 VND to 75,000,000 VND shall be imposed for the act of failing to have backup power or having but cannot be used for operating spillway gates;

6. A fine ranging from 90,000,000 VND to 100,000,000 VND shall be imposed for the act of failing to carry out hydroelectric dam safety inspection according to regulations.

7. Apart from the principal sanctions, organizations and individuals committing violations specified in Clause 6 herein may be subject to the additional sanction of suspension of water retention of hydroelectric reservoir until the completing of safety inspection of hydroelectric dam but not exceeding 24 months.

Article 17. Violations relating to safety assurance of hydroelectric dam in downstream areas

1. A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for one of the following violations:

a) Failing to place boundary markers in the vicinity of hydroelectric dam protection or failing to manage and repair boundary markers within the hydroelectric dam's protection area;

b) Failing to have plan for protection of hydroelectric dam; flood and storm prevention plans to ensure hydroelectric dam safety are approved by competent state management agencies.

2. A fine ranging from 25,000,000 VND to 30,000,000 VND shall be imposed for one of the following violations:

a) Failing to maintain communication and reporting regimes to the superior flood and storm prevention steering committee and competent state management agencies as prescribed;

b) Failing to warn and notify residents and local authorities in advance about hydroelectric reservoir flooding;

c) Failing to have flood prevention plan for the downstream area of the hydroelectric dam due to emergency flood discharge or hydroelectric dam failure approved by the competent state management agency.

Article 18. Violations relating safety assurance of protection vicinity of hydroelectric dams

1. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of anchoring ships, boats, or rafts, to hydroelectric dams or hydroelectric dam shoulders, except for vehicles used for inspection, maintenance, and repair of hydroelectric dams.

2. Apart from the principal sanctions, organizations and individuals committing acts of violation may be subject to the additional sanctions of confiscation of violating means for the violations specified in Clause 1 herein;

 

Section 3. ECONOMICAL AND EFFICIENT USE OF ENERGY

 

Article 19. Violations of major energy users relating to energy audit

1. A caution shall be imposed for the act of failing to fully implement contents of audit report according to the prescribed forms.

2. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed for the act of failing to conduct the energy auditing according to regulations.

Article 20. Violations relating to training and issuance of energy auditor certificates

1. Organizations providing training courses and issuing certificates of completion of energy auditor training courses without satisfying the prescribed conditions shall be imposed:

a) A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for the violations of regulation on teaching contingent;

b) A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to comply with the training contents;

c) A fine ranging from 20,000,000 VND to 25,000,000 VND shall be imposed for violations relating to material facilities;

d) A fine ranging from 25,000,000 VND to 30,000,000 VND shall be imposed for the act of organizing training courses without permission from the competent agency.

2. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed on the organizations granting certificate of completion of energy auditor training courses in contravention of the regulations on training and granting certificate of energy management and energy auditor.

3. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed on the organization organizing examination for granting energy auditor certificate in contravention of regulations on training and granting certificate of energy management and energy auditor.

4. In case of recidivism of violations specified at Points b and c, Clause 1 herein, apart from the principal sanctions, the violating organization may be subject to the additional sanctions of deprivation of the certificate of eligibility of the energy auditor training facility from 06 months to 12 months.

5. Apart from the principal sanctions, the violating organizations may be subject to the following remedial measures:

a) Forcible cancellation of the certificate of completion of energy auditor training courses and announcement of the list of violating certificates to the organizations issuing the energy auditor certificates for the violations specified at Points b, c and d, Clause 1 and Clause 2 herein;

b) Forcible refund of the collected amount to the learners and bearing all costs for such refund for the violations specified at Points b, c and d, Clause 1 and Clause 2 herein;

c) Forcible revocation of the issued energy auditor certificate for the violations specified in Clause 3 herein.

Article 21. Violation relating to energy auditing

1. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for one of the following violations:

a) Using fake auditor certificate;

b) Leasing or lending auditor certificate for carrying out auditing activities.

2. A fine ranging from 15,000,000 VND to 30,000,000 VND shall be imposed on the major energy users that self-conduct energy auditing or hire energy auditing organizations to conduct energy auditing without having a team of energy auditors certified as energy auditors; or failing to have suitable means and technical equipment for energy auditing.

3. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of intentionally falsifying the energy auditing report.

4. Apart from the principal sanctions, the violating individuals may be subject to the additional sanction of deprivation of the right to use the energy auditing certificate from 06 to 12 months for the violations specified at Point b, Clause 1 herein.

Article 22. Violations relating to economical and efficient use of energy in industrial production

A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of failing to perform technical regulations and management measures and required technologies for economical and efficient use of energy.

Article 23. Violations relating to economical and efficient use of energy in energy production and supply

1. A fine ranging from 60,000,000 VND to 70,000,000 VND shall be imposed on organizations failing to remove the electric generator sets with outdated technology and low performance according to the roadmap regulated by the competent authority.

2. A fine ranging from 90,000,000 VND to 100,000,000 VND shall be imposed on organizations installing the electric generator sets with outdated technology and low performance that are banned from construction according to regulations.

3. Apart from the principal sanctions, the violating organizations may be subject to the additional sanction of deprivation of the right to use the construction permit from 12 to 24 months for the violations specified in Clause 2 herein.

4. Apart from the principal sanctions, the violating organizations may be subject to the remedial measures of forcible elimination of such electric generator sets for the violations specified in Clause 1 herein.

Article 24. Violations relating to economical and efficient use of energy in public lighting

1. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of managing and operating the public lighting system and letting the lighting system operate beyond the seasonal and regional time framework according to regulations.

2. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of repairing, replacing or using lighting equipment in contravention of the technical regulations on the economical and efficient use of energy in public lighting.

3. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of newly installing public lighting system using the lighting equipment in contravention of the technical regulations on the economical and efficient use of energy in public lighting.

4. Apart from the principal sanctions, the violating organizations and individuals may be subject to the remedial measure of forcible use of the lighting equipment in accordance with the technical regulations on economical and efficient use of energy in public lighting for the violations specified in Clauses 2 and 3 herein.

Article 25. Violations relating to economical and efficient use of energy in constructional activities

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of failing to comply with regulations on norm of energy use or technical regulations in design, performance and use of construction materials to save energy.

2. Apart from the principal sanctions, the violating organizations and individuals may be subject to the remedial measure of forcible compliance with regulations on norm of energy use, technical regulations in design, performance and use of construction materials to save energy.

Article 26. Violations relating to economical and efficient use of energy in transport

1. A fine ranging from 4,000,000 VND to 6,000,000 VND shall be imposed for the act of using means of transport on the List of devices and equipment subject to elimination according to regulations.

2. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of manufacturing equipment and means of transport in contravention of the technical regulations and norm of energy consumption on economical and efficient use of energy in manufacturing of equipment and means of transport.

3. A fine ranging from 90,000,000 VND to 100,000,000 VND shall be imposed for the act of failing to import the equipment and means of transport in accordance with the technical regulations and norm of energy consumption on economical and efficient use of energy for the equipment and means of transport.

4. Apart from the principal sanctions, the violating organizations and individuals may be subject to the following remedial measures:

a) Forcible circulation or destruction of such equipment and means of transport for the violations specified in Clause 1 herein;

b) Forcible re-export or destruction of the imported equipment and means of transport for the violations specified in Clause 3 herein.

Article 27. Violations relating to economical and efficient use of energy in agricultural production

For the acts of using means and equipment for fishing and agricultural machinery with outdated technology and low energy efficiency on the List of means and equipment subject to elimination according to the roadmap set by competent state agencies:

1. A caution shall be imposed on non-serious violations.

2. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of recidivism after 06 months from the date of imposing caution.

3. Apart from the principal sanctions, the violating organizations and individuals may be subject to the remedial measure of forcible termination of the circulation of such means and machinery.

Article 28. Violations relating to training and grant of energy management certificates

1. For the acts of organizing training courses for granting certificates of completion of energy management training courses which fail to meet the conditions according to regulations:

a) A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for the violations of regulation on contingent of lecturers;

b) A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to comply with the training contents according to regulations or violations relating to teaching materials;

c) A fine ranging from 20,000,000 VND to 25,000,000 VND shall be imposed for violations of regulation on material facilities;

d) A fine ranging from 25,000,000 VND to 30,000,000 VND shall be imposed for the act of organizing training without permission from the competent authority.

2. For the acts of granting energy management certificates in contravention of regulations:

a) A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed for violation of regulation on examination for granting certificates according to regulations;

b) A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of granting certificates without permission from the competent authority.

3. In case of recidivism specified at Points b and c, Clause 1 herein, apart from principal sanctions, such organizations and individuals may be subject to the additional sanctions of deprivation of the right to use the certificate of eligibility for energy management training facilities from 06 to 12 months.

4. Apart from the principal sanctions, the violating organizations and individuals may be subject to the following remedial measures:

a) Forcible revocation of the issued certificate of completion of energy management training courses for the violations specified at Points b, c, d, Clause 1 herein;

b) Forcible refund of the collected money and bearing all cost of the refund for the violations specified at Points b, c, d, Clause 1 herein;

c) Forcible revocation of the issued energy management certificate for the violations specified in Clause 2 herein.

Article 29. Violations relating to application of energy management model

1. A caution shall be imposed on the head of the major energy user failing to fully comply with the contents of energy management model.

2. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of failing to appoint or appointing ineligible person to act as an energy manager;

3. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to formulate the annual and 5-year plans for economical and efficient use of energy; failing to comply with the prescribed reporting regime and report on the annual and 5-year plan implementation results.

Article 30. Violations relating to energy labeling and use of energy label

1. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of failing to report or making truthful report to the competent state agency on the quantity and types of manufactured and imported devices and equipment subject to energy labeling.

2. A fine ranging from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of improperly using energy label such as attaching the energy label on means or equipment or packages with inappropriate size, increasing or reducing size inconsistently with the ratio or the act of covering up or causing confusion affecting the information recorded on energy labels according to regulations.

3. A fine ranging from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of continuing to label means and equipment with energy labels when the energy labeling certificates of such means and equipment have expired.

4. For the acts of failing to energy labeling for the devices and equipment subject to energy labeling

a) A caution shall be imposed for the first violation;

b) A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to attach energy labels for the devices and equipment subject to energy labeling after being imposed a caution specified at Point a of this Clause.

5. A fine ranging from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of providing wrong information about the energy efficiency on the energy label compared to that stated on the energy labeling certificate of the means and equipment granted by the competent authority.

6. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed for the act of failing to attach the energy labels for the means and equipment according to the energy labeling certificates or the act of energy labeling for the means and equipment without a energy labeling certificate;

7. Apart from the principal sanctions, the violating individuals and organizations may be subject to the following remedial measures:

a) Forcible revocation of energy labeling certificate issued for the violations specified in Clause 1 herein;

b) Suspension of energy labeling for 6 months, for the violations specified in Clause 3 herein;

c) Forcible revocation of products affixed with energy labeling for the violations specified in Clause 6 herein;

Article 31. Violations relating to testing and certification of energy efficiency

1. A fine ranging from 20,000,000 VND to 30,000,000 VND shall be imposed on the organizations issuing certificate of standard conformity and testing result meeting the standard of energy efficiency to unqualified means and equipment.

2. Apart from the principal sanctions, the violating organizations may be subject to the following remedial measures:

a) Forcible revocation of certificate and the testing result issued and compensation for damage for the violations specified in Clause 1 herein;

b) Deletion of the name from the List of standard laboratories eligible for testing of energy efficiency, in case of repeating the violations specified in Clause 1 herein.

Article 32. Violations relating to the List of devices and equipment subject to energy labeling, application of minimum energy standard and implementation roadmap

1. A fine ranging from 10,000,000 VND to 20,000,000 VND shall be imposed for violations of regulation on energy labeling in production, import and distribution of energy-consuming devices and equipment included in the List of devices and equipment subject to energy labeling.

2. A fine ranging from 50,000,000 VND to 60,000,000 VND shall be imposed for the act of manufacturing or importing energy-consuming devices and equipment included in the List of devices and equipment subject to elimination.

3. Apart from the principal sanctions, the violating individuals and organizations may be subject to temporary seizure of violating means and equipment or subject to additional sanction of confiscation of violating material evidences, means and equipment for the violations specified in Clauses 1 and 2 herein.

4. Apart from the principal sanctions, the violating individuals and organizations may be subject to the following remedial measures:

a) Forcible re-export or destruction of imported devices and equipment; prohibition of circulation on the market of domestically-manufactured devices and equipment for the violations specified in Clause 2 herein;

b) Forcible energy labeling according to regulations for the violations specified in Clause 1 herein.

5. The violating individuals and organizations must bear all costs for the remedial measures specified in Clause 4 herein.

 

Chapter 3.

SANCTIONING COMPETENCE AND PROCEDURES

 

Section 1. SANCTIONING COMPETENCE IN THE FIELD OF ELECTRICITY

 

Article 33. Competence of Chairpersons of People’s Committees at all levels

The Chairperson of People’s Committees at all levels may sanction administrative violations in the field of electricity that occur in their respective localities as follows:

1. Chairpersons of commune-level People’s Committees may impose sanction violations specified in Article 12 and Clause 1, Article 15 herein. To be specific:

a) Impose a caution;

b) Impose fines ranging from 5,000,000 VND to 10,000,000 VND for organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations the sanctioning competence specified in Article 12 herein;

d) Apply the prescribed remedial measures for violations under the sanctioning competence as prescribed at Point a, Clause 12, Article 12 and Point a, Clause 8, Article 15 herein.

2. The Chairpersons of district-level People’s Committees may sanction administrative violations specified in Clauses 1, 2 of Article 9, Articles 11 and 12; Clauses 1, 2 and 3, Article 15 herein. To be specific:

a) Impose caution;

b) Impose fines ranging from 25,000,000 VND to 50,000,000 VND for organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in Articles 12 and 15 herein;

d) Apply the prescribed remedial measures for the violations under the sanctioning competence as prescribed in Articles 9, 11, 12 and 15 herein.

3. The Chairpersons of provincial-level People’s Committees may sanction administrative violations specified in Articles 5 and 6, Clauses 2 and 3, Article 9; Clause 1, Article 10, Articles 11, 12 and 15 herein. To be specific:

a) Impose caution;

b) Impose fines of up to 50,000,000 VND on individuals and up to 100,000,000 VND on organizations;

c) Apply additional sanctions prescribed for violations under the sanctioning competence as prescribed in Articles 12 and 15 herein;

d) Apply the prescribed remedial measures for violations under the sanctioning competence as prescribed in Articles 5, 6, 9, 10, 11, 12 and 15 herein.

Article 34. Competence of inspectorates

Inspectorates in charge of the electricity of the Ministry of Industry and Trade may sanction electricity-related violations nationwide. Inspectorates in charge of the electricity of the provincial-level Departments of Industry and Trade may sanction electricity-related violations occurring in localities under their management.

1. Inspectors and persons assigned to perform specialized inspection tasks in the field of electricity who are on duty may:

a) Impose caution;

b) Impose fines of up to 500,000 VND on individuals, up to 1,000,000 VND on organizations;

2. Chief Inspectors of provincial-level Departments of Industry and Trade and heads of provincial-level specialized inspection teams may impose sanction for violations specified in Articles 5 and 6, Clauses 1, 2, 3 Article 9; Clause 1 Article 10, Articles 11, 12 and 15 herein. To be specific:

a) Impose caution;

b) Impose fines of up to 25,000,000 VND on individuals and up to 50,000,000 VND on organizations;

c) Confiscate administrative violation material evidences or means with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in this Decree;

d) Apply the prescribed remedial measures for violations under the sanctioning competence specified in this Decree;

3. Heads of specialized inspection teams of state management agencies assigned to perform specialized inspection tasks may sanction violations specified in Articles 5, 6; Clauses 2 and 3 Article 9; Clause 1, Article 10, Articles 11, 12 and 15 herein. To be specific:

a) Impose caution;

b) Impose fines of up to 25,000,000 VND on individuals and 50,000,000 VND on organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in this Decree.

d) Apply the prescribed remedial measures to the acts of violation under the sanctioning competence specified in this Decree.

4. Chief Inspector of the Ministry of Industry and Trade may:

a) Impose caution;

b) Impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in this Decree;

d) Apply the prescribed remedial measures to the acts of violation under the sanctioning competence specified in this Decree.

5. Heads of ministerial-level specialized inspection teams may:

a) Impose caution;

b) Impose fines of up to 35,000,000 VND on individuals and 70,000,000 VND on organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in this Decree;

d) Apply the prescribed remedial measures to the acts of violation under the sanctioning competence specified in this Decree.

6. The Director of the Industrial Safety Techniques and Environment Agency may impose a fine to the maximum, additional sanction and take remedial measures on individuals and organizations committing electricity-related violations as prescribed in Article 15 herein nationwide.

Article 35. Competence of the head of Electricity Regulatory Authority

The head of Electricity Regulatory Authority may impose a caution and a fine to the maximum, additional sanction and take remedial measures on individuals and organizations committing electricity-related violations as prescribed in Article 5; Clauses 3, 4 Article 6, Articles 7, 8; Clauses 4, 5, 6 Article 9, Article 10; Clauses 7, 8 Article 11; Clause 8, Article 12, Articles13 and 14 herein on a nationwide scale.

Article 36. Competence of other forces

The following persons, upon detecting electricity-related violations specified in this Decree under their management area may impose sanction as follows:

1. Head of team of policemen may sanction violations specified in Clause 1, Article 12 herein.

2. Chiefs of district-level police stations may sanction violations specified in:

a) Clause 1, Article 6 herein;

b) Clause 3, Article 11 herein;

c) Clause 1, Article 12 herein;

d) Points a and d, Clause 1; Points a, b and dd, Clause 2; Clause 7; Points a and b, Clause 8, Article 15 herein.

3. Directors of provincial-level Departments of Public Security may sanction violations specified in:

a) Clause 1, Article 6 herein;

b) Clause 3, Article 11 herein;

c) Clause 1, Article 12 herein;

d) Points a and d, Clause 1; Points a, b and dd, Clause 2; Points a and c Clause 3; Clause 7; Points a and b, Clause 8, Article 15 herein.

4. Chief Inspectors of provincial-level Departments of Construction and Chief Inspector of the Construction Ministry may, within the scope of management, sanction violations specified at Points d and e Clause 2, Point d Clause 3, Clause 7, Point a Clause 8, Article 15 herein;

 

Section 2. SANCTIONING COMPETENCE IN THE FIELD OF HYDROELECTRIC DAM SAFETY

 

Article 37. Competence of the Chairpersons of People’s Committees

1. Chairpersons of district-level People’s Committees may impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations and apply additional sanctions for violations under the sanctioning competence specified in Clauses 1, 2, 3 and 4, Article 16, Articles 17, 18 herein within the management.

2. Chairpersons of provincial-level People’s Committees may impose fines of up to the maximum and apply additional sanctions to organizations and individuals committing violations relating to hydroelectric dam safety within the management.

Article 38. Competence of Inspectorates

1. Chief Inspectors of provincial-level Departments of Industry and Trade may impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations and apply additional sanctions for violations under the sanctioning competence specified in Clauses 1, 2, 3, 4 Article 16, Articles 17, 18 herein within the management.

2. Heads of provincial-level specialized inspection teams and heads of specialized inspection teams of state management agencies that are assigned to perform specialized inspection tasks may impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations and apply additional sanctions for violations under the sanctioning competence specified in Clauses 1, 2, 3,4 Article 16, Articles 17, 18 herein within the management.

3. Chief Inspector of the Ministry of Industry and Trade may impose a fine to the maximum and apply the additional sanctions to organizations and individuals committing violations relating to hydroelectric dam safety on a nationwide scale.

4. Heads of ministerial-level specialized inspection teams may impose fines of up to 70,000,000 VND on individuals and 140,000,000 VND on organizations and apply the additional sanctions for violations under the sanctioning competence as prescribed in Clauses 1, 2, 3, 4, 5, Article 16, Articles 17 and 18 herein on a nationwide scale.

5. The Director of the Industrial Safety Techniques and Environment Agency may impose a fine to the maximum and apply additional sanctions to organizations and individuals committing violations relating to hydroelectric dam safety on a nationwide scale.

Article 39. Competence of the public security forces

1. Chiefs of district-level police stations and chiefs of provincial-level police stations including heads of police sections for administrative management of social order, heads of order police sections, heads of economic security sections may sanction violations specified in Article 18 herein within the management.

2. Directors of provincial-level Police Departments may sanction violations in accordance with Article 18 herein within the management;

3. The director of the Economic Security Department and the director of the Police Department for Administrative Management of Social Order may sanction violations specified in Article 18 herein on a nationwide scale.

 

Section 3. SANCTIONING COMPETENCE IN THE FIELD OF ECONOMICAL AND EFFICIENT USE OF ENERGY

 

Article 40. Sanctioning competence of People’s Committees at all levels

1. Chairpersons of district-level People’s Committees may sanction violations relating to economical and efficient use of energy in localities within the management:

a) Impose caution;

b) Impose a fine of 50,000,000 VND on individuals and 100,000,000 VND on organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in Article 32 herein;

d) Deprive of the right to use the construction permit or certificate for a definite time for violations under the sanctioning competence specified in Articles 20, 21, 23 and 28 herein;

dd) Apply the prescribed remedial measures for violations under the sanctioning competence as prescribed in Articles 20, 22, 23, 24 and 25, Point a, Clause 4, Article 26, Articles 27, 28, Points a and b, Clause 7, Article 30 and Article 31 and Point b, Clause 4, Article 32 herein.

2. Chairpersons of provincial-level People’s Committees may sanction violations relating to economical and efficient use of energy in localities within the management:

a) Impose caution;

b) Impose a fine of 100,000,000 VND on individuals and 200,000,000 VND on organizations;

c) Apply additional sanctions prescribed for violations under the sanctioning competence as prescribed in Articles 20, 21, 23 and 28 herein;

d) Apply the prescribed remedial measures for violations under the sanctioning competence as prescribed in Articles 20, 22, 23, 24, 25, 26, 27, 28, 30, 31 and 32 herein.

Article 41. Competence of inspectorates

1. Chiefs of Inspectorates of provincial-level Departments of Industry and Trade may impose a caution and a fine of up to 50,000,000 VND on individuals and up to 100,000,000 VND on organizations and apply additional sanctions and remedial measures for violations under the sanctioning competence specified in Articles 21, 22, 24, 26, 27, 28, 29, 30, 31 and 32 herein within the management.

2. Chiefs of Inspectorates of provincial-level Departments of Construction may impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations and apply remedial measures for the violations specified in Articles 24, 25 herein within the management.

3. Chiefs of Inspectorates of provincial-level Departments of Transport may impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations and apply remedial measures for the violations specified in Article 1 and Point a, Clause 4, Article 26 herein within the management.

4. Heads of specialized inspection teams and heads of specialized inspection teams of the state management agencies assigned to perform the specialized inspection tasks may sanction violations occurring in localities under the management:

a) Impose caution;

b) Impose fines of up to 50,000,000 VND on individuals and 100,000,000 VND on organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in this Decree;

d) Apply the prescribed remedial measures for violations under the sanctioning competence specified in this Decree.

5. Chief Inspector of the Ministry of Industry and Trade may impose a fine to the maximum and apply the additional sanctions to organizations and individuals committing violations relating to economical and efficient use of energy on the nationwide scale.

6. Chief Inspector of the Ministry of Construction may impose a fine to the maximum and apply the additional sanctions to organizations and individuals committing violations specified in Articles 24 and 25 herein on a nationwide scale.

7. Chief Inspector of the Ministry of Transport may impose a fine to the maximum and apply the additional sanctions to organizations and individuals committing violations specified in Article 26 herein on a nationwide scale.

8. Heads of ministerial-level specialized inspection teams may:

a) Impose caution;

b) Impose fines of up to 70,000,000 VND on individuals and 140,000,000 VND on organizations;

c) Confiscate the material evidences and means of administrative violations with a value not exceeding the fine level specified at Point b of this Clause for violations under the sanctioning competence specified in this Decree;

d) Apply the prescribed remedial measures for violations under the sanctioning competence specified in this Decree.

9. Competent persons of the market management agencies may, within the functions, tasks and power specified in Article 45 of the Law on Handling of Administrative Violations and other relevant laws, impose a sanction for:

a) Violations of regulation on production, import and circulation of energy-consuming devices and equipment included in the List of devices and equipment subject to elimination;

b) Other violations specified in Clauses 3, 4, 5 and 6, Article 30 and Article 32 herein.

 

Section 4. SANCTIONING PROCEDURES

 

Article 42. Competence to make written records of administrative violation and written records of temporary seizure of material evidences and means of administrative violations

1. Persons with sanctioning competence specified in Chapter III herein and the specialized inspectors may make written records of administrative violations in the fields of electricity and hydroelectric dam safety, economical and efficient use of energy.

2. Electricity inspectors who are on duty may make written records of administrative violations in the field of electricity, and written records of temporary seizure of material evidences and means of administrative violations when detecting electricity theft.

Article 43. Coercive measures to suspend electricity supply

1. Individuals and organizations using electricity, that are sanctioned but fail to voluntarily comply with the sanctioning decisions, may be subject to the coercive measure of suspending electricity supply, in addition to coercive measures specified in Clause 86 of the Law on Handling of Administrative Violations.

2. Chairpersons of commune-, district- and provincial-level People’s Committees shall make decisions on enforcement of decisions sanctioning violations in the field of electricity by the measure of suspending the electricity supply under competence or at the proposal of the persons with sanctioning competence specified in Articles 34, 35 and 36 herein.

Article 44. Transfer of dossiers of electricity theft for penal liability examination

1. In case of electricity theft from 20,000 kWh or more, the competent persons must transfer the dossiers immediately to the competent criminal procedure-conducting agencies.

2. The Ministry of Industry and Trade shall assume the prime responsibility for and coordinate with the Ministry of Public Security, the Supreme People’s Procuracy, the Supreme People's Court in, guiding the provisions specified in Clause 1 herein.

Article 45. Notification to the agency competent to issue the electricity operation license

The persons competent to impose sanction shall send a written notification to the agency has issued the electricity operation license for considering the revocation of the electricity operation license in accordance with Articles 37 and 38 of the Electricity Law when sanctioning violations specified at Points c and d, Clause 7, Article 5 herein.

 

Chapter 4.

IMPLEMENTATION PROVISIONS

 

Article 46. Effect

1. This Decree takes effect from December 01, 2013. Other relevant contents that are not mentioned in this Decree shall comply with the Law on Handling of Administrative Violations and the other guiding documents.

2. The Government’s Decree No. 68/2010/ND-CP dated June 15, 2013, on sanctioning electricity-related violations and the Government’s Decree No. 73/2011/ND-CP dated August 24, 2011, on sanctioning of administrative violations in the field of economical and efficient use of energy, cease to be effective from the date on which this Decree comes into force.

3. Transitional provisions

a) The provisions of Point b, Clause 1, Article 17 herein takes effect after 6 months from the effective date of this Decree;

b) The provisions of Point c, Clause 2, Article 17 herein takes effect after 12 months from the effective date of this Decree;

c) Violations committed before the effective date of this Decree but have been detected and recorded after the effective date of this Decree shall be handled in accordance with this Decree;

d) For violations recorded before the effective date of this Decree, provisions of the Government’s Decree No. 68/2010/ND-CP dated June 15, 2013, on sanctioning electricity-related violations and the Government’s Decree No. 73/2011/ND-CP dated August 24, 2011, on sanctioning of administrative violations in the field of economical and efficient use of energy, or Decree sanctioning the administrative violation in the relevant fields shall be applied for sanction. If the sanctioning decision is issued at the time on which this Decree takes effect, this Decree shall be applied, provided that this Decree does not stipulate the sanction or provides sanctioning forms and the sanctioning level lighter for such violations;

dd) For violations already committed but ended after the effective date of this Decree, the provisions of this Decree shall be applied for sanction.

Article 47. Implementation responsibility

1. The Ministry of Industry and Trade shall

a) Provide the guidelines on method to determine the electricity output thieved and the loss money specified at Point d, Clause 12, Article 12 herein;

b) Specify the order of verification and sanctioning of electricity-related violations under the competence of the head of the electricity-regulating agency.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and Chairpersons of provincial-level People's Committees shall implement this Decree./.