Thông tư 38/2012/TT-BCT về giá bán điện và hướng dẫn thực hiện

CIRCULAR

INTRODUCING AND GUIDING THE ELECTRICITY PRICES

Pursuant to the Law on Electricity dated December 03rd2004; the Government s Decree No.105/2005/ND-CPdated August 17th2005 detailing and guiding the implementation of a number of articles of the Law on Electricity;

Pursuant toPursuant to the Government s Decree No. 189/2007/ND-CP dated December 27th2007 on defining the functions, tasks, powers and organizational structure of the Ministry of Industry and Trade; the Government s Decree No. 44/2011/ND-CP dated June 14th2011 amending and supplementing Article 3 of the Decree No. 189/2007/ND-CP;

Pursuant tothe Prime Minister’s Decision No.21/2009/QD-TTgdated February 12th2009 on the electricity prices 2009 and 2010 – 2012 according to the market mechanism;

Pursuant to the Prime Minister’s Decision No. 24/2011/QD-TTg datedApril 15th2011on theadjustment ofelectricity prices according to the market mechanism;

Pursuant to the Prime Minister’s Decision No. 268/QD-TTg datedFebruary 23rd2011on theretail electricity tariff  applicable from 2011;

The Minister of Industry and Trade issues a Circular introducing and guiding the electricityprices as follows:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular deals with the electricity retail prices applicable to the group of electricity customers based on the average electricity price calculated in accordance with the mechanism provided in the Prime Minister’s Decision No.24/2011/QD-TTgdated April 15th2011 on the adjustment of electricity prices according to the market mechanism and the structure of the retail electricity tariff approved by the Prime Minister, and the electricity wholesale prices for the electricity retailers that purchase electricity directly from EVN or its affiliated companies.

2. This Circular is applicable to the organizations and individuals that buy and sell electricity from the national electricity system and relevant organizations and individuals.

3. The electricity prices in the areas that are not connected to the national grid shall be approved by provincial People’s Committees after receiving the written opinions from the Electricity Regulatory Authority.

Article 2. The average electricity price

The average electricity price is 1,437 VND per kWh (not including VAT).

Article 3. Thevoltage-basedelectricity prices

1. The voltage-based electricity prices are applicable to the customers using electricity for production, service provision, irrigation, public service provision, to industrial parks, and for other purposes in apartment buildings in cities and new urban areas.

2. The electricity prices are the prices for the voltages at which the electricity measurement systems are put.

Article 4. The electricity pricesby time-of-day

The time-of-day electricity prices:

1. Normal hours

a) From Mondays to Saturdays

- From 4:00 to 9:30 (5 hours and a 30 minutes);

-From11:30 to 17:00 (5 hours and a30 minutes);

-From20:00 to22:00(2hours);

b) On Sundays

From 04:00 to 22:00 (18hours);

2. Peak hours

a) From Mondays to Saturdays

-From09:30to11:30(2 hours);

-From 17:00 to 20:00 (3hours);

b) On Sundays: No peak hours.

3. Off-peak hours

All days in a week from 22:00 to4:00of the next day(06hours);

Article 5.The conditions for wholesale prices

1. The wholesale prices in Article 15, Article 16, and Article 17 of this Circular are applicable to the electricity retailers that satisfy the following conditions:

a) Having the License to distribute and retail electricity issued by competent agencies, except for the cases in which the License for electricity activities is exempted as prescribed in Point c Clause 1 Article 34 of the Law on Electricity;

b) Having accounting books as prescribed, the electricity retail in which must be separated from other business activities;

c) The electricity sale contracts are signed and electricity meters are installed at the households that use electricity as prescribed in Article 24 of the Law on Electricity; the VAT invoices for electricity payments are issued to all consumers as prescribed by the Ministry of Finance .

2. The electricity wholesalers shall request the Services of Industry and Trade and the provincial People’s Committees to revoke the licenses for electricity activities from the electricity retailers that fail to satisfy the conditions prescribed in Clause 1 this Article, and handover the grid under their management to an electricity company for selling electricity directly to customers. While pending the handover procedures, the electricity wholesalers may charge the progressive electricity retail prices for the power consumption measured by the master electricity meter according to the number of customers of the latest electricity bill.

Article 6. Instruction

1. The price list is applicable from December 22nd2012.

2. The electricity prices in this Circular are exclusive of VAT.

3. The detailed instruction is provided in the Annex of this Circular.

4. When the average electricity price is adjusted as prescribedin the Prime Minister’s Decision No. 24/2011/QD-TTg dated April 15th 2011 on the adjustment of electricity prices according to the market mechanismand the Circular No. 31/2011/TT-BCTdated August 19th2011 of the Ministry of Industry and Trade on the adjustment of electricity prices according to the input data, EVN shall adjust the detailed electricity prices for all groups of customers.

Chapter 2.

ELECTRICITY RETAIL PRICES

Article 7. Theretailprices forelectricity serving the industry

Theretailprices forelectricity serving the industry:

Thecustomers that buy electricity at 20 kV are eligible for the prices for the voltages from 22 kV to under 110 kV.

Article 8. Theretailprices for electricityservingtheirrigation

Theretailprices for electricityservingtheirrigation:

Article 9. Theretailprices for electricityserving the public services

Theretailprices for electricityserving the public services:

Article 10. Theretailprices for electricityserving the businesses

Theretailprices for electricityserving the businesses:

Article 11. The electricityretailpricesfor domestic consumption

1. Theprogressiveelectricityretailpricesfor domestic consumption:

2. The price No. 1 (0 – 50 kWh) is only applicable to low-income households and the regular electricity use does not exceed 50 kWh/month, and have registered with the electricity sellers. The poor and low-income households shall register for the registration with the electricity sellers for buying electricity at the price No. 1.

3.Theprices from No. 2 to No. 7 are applicable to normal households, and the poor and low-income households that register for the 51stkWh or over.

4. The retail electricity prices for domestic consumption applicable to the subjects that buy electricity in a temporary or short-term manner in the form of prepayment cards is 1,902 VND/kWh (not including VAT ).

Article 12. The retail prices for electricity in the places that are not connected to the national grid.

1. The retail electricity prices for domestic consumption in rural areas, highlands, and island that are not connected to the national grid are approved by the provincial People’s Committees, and shall not exceed the following ceiling price and floor price:

a) The floor price: 2,156 VND/kWh;

b) The ceiling price: 2,156 VND/kWh;

2. The electricity retailers in rural areas, highland and islands that are not connected to the national grid shall formulate the schemes for the retail prices for electricity serving local customers on a profitable basis, and determine the subsidy for the loss due to the sale of electricity for domestic consumption at the ceiling price that is lower than the profitable price, then send such schemes to the Services of Industry and Trade for appraisal. The Services of Industry and Trade shall obtain and send the written opinion from the Electricity Regulatory Authority to provincial People’s Committees for approval annually.

Article 13. The retail prices for electricity intheplacesthat areconnected to the national gridand having local power generation sources

The electricity retailers inthe places connected to the national grid and having local generation sources that both generate and purchase electricity from the national grid for the purpose of selling electricity to their customers shallshall formulateand send theschemesfor the retail prices for electricity serving local customers, then send such schemestotheServices of Industry and Trade for appraisal.TheServices of Industry and Trade shall obtain and send the written opinion from the Electricity Regulatory Authority to provincial People’s Committees for approval annually.

Chapter 3.

ELECTRICITY WHOLESALE PRICES

Article 14. The wholesale prices forelectricity for EVN

1. The wholesale prices for electricity for EVN from the Vietnam Electricity at the delivery positions shall be determined according to the instruction of the Ministry of Industry and Trade andthe Prime Minister’s Decision No. 24/2011/QD-TTg dated April15th2011 on the adjustment of electricity prices according to the market mechanism and the Circular No. 31/2011/TT-BCT dated August19th2011 on the adjustment of electricity prices according to the input data.

2. The average price for electricity transmission at the delivery point proportional to the amount of electricity being transmitted at the delivery point with the distributing grid is 83.3 VND/kWh.When the average price forelectricity transmission shall beadjustedin accordance withthe Prime Minister’s Decision No. 24/2011/QD-TTg dated April15th2011 on the adjustment of electricity prices according to the market mechanism, and the guiding documents issued by the Ministry of Industry and Trade.

Article 15. Thewholesale prices for electricity in rural areas

1. The locations where the wholesale power consumption in rural areas are determined

The wholesale prices for electricity in rural areas are applicable to the electricity retailer in rural areas, and the power consumption measured by the master electricity meters at the transformer stations.

2.The wholesale electricity prices fordomestic consumptionin rural areas

The wholesale electricity prices for domestic consumption in rural areas are the prices at the master electricity meter sold to rural electricity retailers by EVN, electricity companies, or authorized agencies affiliated to EVN.

The rules for determining the power consumption limits for domestic consumption from a master electricity meter are specified in Point b Clause 1 Section IV of the Annex promulgated together with this Circular.

3. The wholesale prices for electricity serving other purposes measured by the master electricity meters in rural areas is 1,172 VND/kWh.

Article 16.Wholesale prices for electricity at tenement houses and residential areas

1.The locations where theamount ofwholesaleelectricityin rural areas are determined

The wholesale prices for electricityat tenement houses and residential areasare applicable to the electricity retailersand theamount of wholesale electricitymeasured by the master electricity meters at the transformer stationsor at the junction of the low-voltage line.

2. The wholesale prices for electricity at tenement houses and residential areas:

The wholesale prices for electricityat tenement houses and residential areasare the pricesatthe master electricity meter being sold to electricity retailersat tenement houses or residential areasby EVN, electricity companies, or authorized agencies.

The wholesaleelectricityprices fordomestic consumption at high-rise apartment buildings in new urban areas and cities

The rules for determining theresidential power consumption limits fromthe master electricity meter are specified in Point b Clause 1 SectionVof the Annex promulgated together with this Circular.

3.The wholesale prices for electricityserving other activities oftenement houses and residential areas:

Article 17. The wholesale pricesfor electricity serving industrial parks

1. The wholesale electricity prices at the 110kV busbar of the 11kV transformer stations are applicable to the electricity retailers that buy electricity wholesale at the 110kV busbar of the industrial parks (the 110kV station is invested by the buyer) for retailing to the customers in the industrial parks:

2. The wholesale prices for electricity sold by the electricity companies to the electricity retailers at the medium-voltage busbar of the transformer station110/35-22-10-6 kVor at the distribution station of the medium-voltage line in industrial parks are equal to the retail prices for electricity serving the industry at the corresponding medium voltages prescribed in Article 7 of this Circular minus 2%.

3.The wholesale prices for electricity sold by the electricity companies to the electricity retailers at the medium-voltageside of the low-voltage transformer stations are equal to the retail prices for electricity serving the industry at the corresponding medium voltages prescribed in Article 7 of this Circular.

Chapter 4.

IMPLEMENTATION ORGANIZATION

Article 18. Inspection responsibility

1.Services of Industry and Trade shall inspect and supervise the local electricity retailers’ compliance with the electricity prices prescribed in this Circular. If the retailers are found not satisfying the conditions in Article 5 of this Circular, the Service of Industry and Trade shall suspend their operation, and request the provincial People’s Committee to revoke the License for electricity activities issued by the provincial People’s Committee, or request the Electricity Regulatory Authority to revoke the License for electricity activities issued by the Electricity Regulatory Authority for the purpose of authorizing electricity companies to sell electricity directly to the customers.

2. Services of Industry and Trade shall inspect and supervise the calculation of consumption limits and the retail prices for electricity at the houses for lease in order to ensure that the house lessees are paying at the correct retail prices for electricity prescribed in this Circular.

Article 19. Effects

1. This Circular takes effect on December 22nd2012 and supersedes the Circular No.17/2012/TT-BCTdated June 29th2012 of the Ministry of Industry and Trade, imposing and guiding the electricity prices.

2. The relevant agenciesare recommended toreportthe difficulties arising during the course of implementation tothe Electricity Regulatory Authority or the Ministry of Industry and Tradefor consideration and settlement./.

ANNEX

GUIDING THE ELECTRICITY PRICES
 (Promulgated together with the Circular No. 38/2012/TT-BCTdated December 20th2012 of the Ministry of Industry and Trade)

I. GENERAL PROVISIONS

1. The electricity prices must be charged on correct subjects and purposes prescribed in this Circular.

The electricity buyers must provide the correct use purposes for collecting the electricity prices as prescribed in this Circular.

The electricity buyers must inform the changes in the use purposes that lead to the change of the applicable prices before 15 days to adjust the prices in the contract consistently with the use purposes.Theelectricity sellers must inspect and apply the correct electricity prices.

If the incorrect application of prices causes damage for the seller or the buyer, the lacking amount must be paid or the excess amount must be refunded. If the time of incorrect price application is not identifiable, the period is considered  the last 12 months from the date of discovery.

2. When electricity is used for various purposes by the same buyer:

a) For the wholesaling of electricity in rural areas, tenement houses, and residential areas, the electricity retailer must install separate electricity meters for the customers that use electricity for domestic consumption and other purposes;

b) When a customer signs a contract to use electricity for domestic consumption and other purposes from an electricity meter (production or service provision), the progressive retail electricity prices for domestic consumption shall apply to the power consumption measured at that meter;

c) When a customer signs a contract to use electricity for other purpose than domestic consumption, both parties shall reach an agreement on the proportion of electricity used for each kind of purposes based on the actual use of electricity.

3. On December 22nd2012, the electricity sellers must finish recording the value of every running meters in the grid (except for the electricity retail meters).

The final values of the time-of-day meters, master electricity meters of specialized stations, wholesale master electricity meters in rural areas, tenement houses, and residential areas must be confirmed by the representatives of customers or witnesses.

II.TIME-OF-DAY ELECTRICITY PRICES

1. The time-of-day electricity prices are applicable to the following subjects:

a) The electricity buyers uses electricity for production or service provision that receive electricity from a specialized transformer at 25 kVA or above, or the average consumption in 3 consecutive months reaches at least 2,000 kWh/month;

b) The electricity buyer uses electricity for irrigation serving the production of rice, vegetables, crops, and the catch crop of short-day industrial plants;

a) The electricity buyers that use electricity serving the production or service provision with transformers, and the power consumption is below the level prescribed in Point a this Clause are encouraged to buy electricity at time-of-day prices.

The electricity sellers shall enable and guide the electricity buyers to satisfy the conditions for installing the time-of-day meters.

2. The electricity sellers must provide adequate electricity meters for the electricity buyers that apply the time-of-day prices. If the electricity sellers are able to install the time-of-day meters, the electricity prices at normal hours shall apply.

3. If the electricity sellers are able to install the time-of-day meters and have sent prior written notification to the buyers that have to install time-of-day meters, the electricity buyer must cooperate with the electricity seller in the installation of the time-of-day meters as soon as possible.

If the electricity buyer that is charged at the time-of-day prices refuses to install the time-of-day meter after 3 notifications are sent by the electricity seller, the electricity seller may charge the prices of peak hours for all the power consumption after 15 days from the date on which the last notification is sent, until the time-of-day meter is installed.

4. When the electricity buyer is charged at time-of-day prices, but the organizations and individuals that share the electricity meter are not so charged, the electricity buyer must cooperate with the electricity seller in providing such organizations and individuals with separate meters for signing direct electricity sale contracts and charging correct prices on correct subjects.

III.ELECTRICITY RETAIL PRICES ACCORDING TO USERS

1.Prices for electricity serving the industry

The electricity tariff for the industry are applicable to the electricity buyers that use electricity for the following industries:

a) Industrial production;

b) Construction; transportation, mining, forestry, and aquaculture;

c) The agriculture: the farming (including the electricity serving the irrigation for industrial plants, fruit plants, the stimulating lighting for fruit plans); breeding of livestock, aquatic organisms, and other kinds of breeding; the production of preservatives and pesticides.

d) The production of clean water for living, production, and service provision;

dd) The production management offices of corporations, general companies, and companies;

e) The warehouses (materials, finished products, semi-finished products) during the production;

g) The enterprises that produce and provide the products and services serving the public (applicable to the amount of electricity that serve the public services), except for the public lighting and the management of irrigation works;

h) The drainage pumping and sewage treatment in cities and towns;

i) The telephone exchanges, the transmission networks, and radio stations belonging to telecommunication companies;

k) The textile facilities, breeding farms, hatching facilities, rice-rubbing facilities, welding facilities, sawing mills, rice-drying facilities, and agricultural product storages;

l) Other productions.

2.The prices for electricity serving the irrigation

The electricity tariff for the irrigation are applicable to the electricity buyers having separate electricity meters that use electricity for the irrigation serving the production of rice, vegetables, crops, and catch-crop short-day industrial plants; the variations of rice and fruit plants except for the use of electricity serving the water pumping prescribed in Point c Clause 1 of this Section.

3.The prices for electricity servingthe providers of public services

a) The electricity prices for hospitals, kindergartens, and schools are applicable to the following subjects:

- Kindergartens, elementary schools, middle schools, high schools, continuing education institutions (that provide compulsory education programs), ethnic boarding schools in all forms and shapes;

- The hospitals (including the amount of electricity used for the funeral parlours and for burning medical refuses); the medical facilities (including the amount of electricity used for the medical examination and treatment of  preventive medicine centers); the sanitariums and rehabilitation centers, retirement homes, disability service centers, orphanages; detoxification centers, social labor education centers, detoxification, HIV/AIDS prevention, and birth control consultancy offices.

b) Prices for electricity serving public lighting

Applicable to the buyers that use electricity for:

- Public lighting on the streets, in parks, alleys; temples, pagodas, churches, rated historical remains; military cemeteries, tenement houses or stairs of tenement houses;

- The electricity used for the elevators in high-rise apartment buildings and the water pumps for domestic consumption in tenement houses and residential areas;

- The electricity for traffic lights.

c) The prices for electricity serving the administrative agencies are applicable to:

- The offices of State administrative agencies; the armed force units, political organizations, socio-political organizations, professional associations;

- The embassies, the diplomatic agencies, and representative office of international organizations (not doing business);

- The offices of the press, sport training centers; radio and television stations, cultural houses, communication stations, sports stadiums, museums, memorial houses, exhibition centers, funeral parlours,

- The departments funded by the budget of the fairs, the market management board, the guest houses and hotels belonging to administrative agencies. The electricity buyer must provide the legal documents about the use of budget as the basis for price calculation.

Example: guest house A is a unit belonging to the state. The prices for electricity serving the activities funded by the State budget shall be calculated based on the prices for electricity being sold to administrative agencies, and that serving the business activities shall be calculated based on the business prices.

- The health insurance and social insurance agencies;

- The research institutions, universities, colleges, vocational training centers, and other training institutions (except for the subjects prescribed in Point a Clause 3 of this Section);

- The central and local organizations that publish newspapers and books, provide teaching materials, medical equipment, the charities;

- The national storage depots

- The non-profit social policy banks

- The offices of the agencies in charge of the management and use of irrigation works;

- The offices of the management boards of projects funded by the State budget.

If an administrative agency engages in goods production, the prices for electricity serving the production shall apply; if it engages in business activities, the prices for electricity serving the business shall apply to the amount of electricity used for such activities.

4.The retail prices for electricity for domestic consumption

a) The retail electricity prices for domestic consumption prescribed in Clause 2 Article 11 of this Circular is applicable to poor and low-income households that regularly use no more than 50 kWh per month, and have register for the registration with the electricity sellers.

The poor and low-income households that have registered with the electricity sellers and regularly use no more than 50 kWh per month are eligible for price No. 1.The poor and low-income households eligible for price No. 1that wish to buy electricity at the price No.1 shall register for the registration with the electricity sellers. The electricity sellers shall guide the electricity buyersto follow the registration procedure for buying electricity at the price prescribed in Clause 2 Article 11 of this Circular.

In case the total power consumption of a household in the first month or the first 02 months or 03 consecutive months exceeds 150 kWh ( ± 05 kWh), the electricity seller may convert such household into a normal household and apply the electricity retail prices accordingly as prescribed in Clause 3 Article 11 of this Circular from the next month. A household may only reregister for the prices applicableto poor and low-income householdsafter 12 months from the date on which it is converted into a normal households.

If an electricity meter is shared by multiple households (having separate addresses), then the power consumption used for applying the retail electricity tariff for domestic consumption prescribed in Clause 2 Article 11 of this Circular is the average power consumption of a household.

Example 1:

A household registers for the retail electricity tariff for domestic consumption prescribed in Clause 2 Article 11 of this Circular, and uses 40 kWh in January 2013. The amount payable by this household is 43,692 VND, including:

- Electricity: 40 kWh x 993 VND/kWh = 39,720 VND

- 10% VAT = 3,972 VND

In January, February, and March 2013, the total power consumption of that household is 160 kWh. The electricity seller may convert this household into a normal household and apply the electricity retail prices accordingly from March 2013.

Example 2:A household registers for the retail electricity tariff fordomestic consumptionprescribed in Clause 2 Article 11 of this Circular, and uses 156 kWh in January 2013. The amount payable by this household is226,690VND, including:

- Electricity:

From February 2013, the electricity seller mayconvert this household into a normal household and apply the electricity retail prices accordingly.

Example3: A household registers for the retail electricity tariff for domestic consumption prescribed in Clause 2 Article 11 of this Circular, and uses40kWh in January 2013, and 12 kWh in February 2013.The amount payable by this household is162,855VND, including:

-Electricity:

FromMarch2013, the electricity seller may convert this household into a normal household andchargethe electricity retail prices accordingly.

b) The progressive retail electricity prices prescribed in Clause 3 Article 11 are applicable to normal households.

Example: A electricity buyer uses 445 kWh in a month. The amount payable by the electricity buyer is933,697VND, including:

c) If an electricity meter is shared by multiple households(having separate addresses) shall be charged at the progressive electricity prices. The power consumption of the electricity buyer equals the power consumption of each level in the tariff multiplied by the number of households that share the electricity meters.

Example1:

The electricity buyer including 4 normal households buys electricity via an electricity. The progressive prices are calculated as follows:

-100 kWhx4households=the first400 kWhat1,350VND/kWh

-50 kWh x 4 households = thenext200 kWhat1,545 VND/kWh

-50 kWh x 4 households = the next 200 kWhat1,947 VND/kWh

-100 kWh x 4 households = the next 400 kWhat2,105 VND/kWh

-100 kWh x 4 households = the next 400 kWhat2,249 VND/kWh

- From the 1,601stkWh:2,307 VND/kWh

Example 2:The electricity buyer including4normal householdsthat register for the retail electricity tariff prescribed in Clause 2 Article 11 of this Circular, and buy electricity via an electricity meter. The progressive prices are calcualted as follows:

-50 kWh x 4 households = the first 200 kWhat993 VND/kWh

-50 kWh x 4 households = the next 200 kWhat1,350 VND/kWh

-50 kWh x 4 households = the next 200 kWhat1,545 VND/kWh

-50 kWh x 4 households = the next 200 kWhat1,947 VND/kWh

-100 kWh x 4 households = the next 400 kWhat2,105 VND/kWh

-100 kWh x 4 households = the next 400 kWhat2,249 VND/kWh

-From the 1,601st kWh: 2,307 VND/kWh

d) When a buyer uses electricity for domestic consumption in a tenement house of officers, officials, students, the army, or monks:

- If the number of people is identifiable, every 04 people (according to the long-term residence registration( is considered a household and charged at the progressive electricity prices for domestic consumption prescribed in Point a and Point b of this Clause;

- If the number of people is not identifiable, the progressive electricity prices for domestic consumption from 151 to 200 kWh prescribed in Clause 1 Article 11 of this Circular shall be charged for the power consumption measured by the meter.

dd) The customers that buy electricity for domestic consumption via separate transformers shall be charged at the progressive electricity prices for domestic consumption.

e) When a residence is leased, the contract to buy electricity for domestic consumption shall be concluded as follows:

- The electricity seller only signs one electricity sale contract with an address. The lessor shall present the temporary residence registration of the lessee;

- If the lease is taken by a household, the lessor shall directly sigh the electricity sale contract, or authorize the household that takes the lease to sign the electricity sale contract (with an electricity payment guarantee). Each household shall subject to a power consumption limit;

- If the lease is taken by students or workers (the lessor is not a households), the electricity seller shall impose the consumption limit based on the temporary residence registration, and notify it to the lessor. Every 04 people are considered a household to apply the progressive electricity prices. In particular: 01 person shall subject to ¼ of the limit, 02 people shall subject to ½ of the limit, 03 people shall subject to ¾ of the limit, and 04 people shall subject to the full consumption limit;

- If the students or workers register for the temporary residence registration for 12 months or longer,the lessoror the representative of the students or workersshall sigh the electricity sale contract (with an electricity payment guarantee). If the lease term is shorter than 12 months, the lessor shall directly sign the electricity sale contract;

- If the lessee refuses to directly sign the contract with the electricity seller, the lessor shall collect the electricity payment from the lessee in accordance with the retail prices in the monthly bills issued by the electricity retailer, plus 10% for the damage, the cost of lighting and water pumping.

- When the number of lessees is changed, the lessor shall notify the electricity seller for adjusting the limits The electricity seller may inspect and request the electricity buyer to present the monthly temporary residence registration in order to determine the number of lessees for calculating the consumption limits.

If the electricity seller has to change the time of recording the meter value, the power consumption in the progressive electricity tariff shall be changed according go the actual day on which the value is recorded.

h) If the date on which the meter value is recorded is different from the date on which the electricity prices are adjusted, the progressive prices shall be interpolated based on:

- The actual power consumption in the period;

- The actual number of days of electricity consumptions (the number of days between two periods, the number of days to which the new prices and old prices are applied);

- The progressive power consumption according to the actual number of days between two periods.

i) The retail electricity prices for domestic consumption prescribed in Clause 4 Article 11 of this Circular are applicable to the temporary and short-term customers that use prepayment cards. If the technical and legal condition allows, the electricity retailer shall install the prepayment meters at the locations where their customers wishes to buy electricity for domestic consumption.

5.Electricity prices for business

Applicable to the subjects that use electricity for trading and service provision, including:

a) Service providers, supermarkets, fairs, wholesalers and retailers of supplies and goods, including shops that sell pesticides, veterinary medicines, plant seeds and animal breeds

b) The establishments that trade money, securities, the commercial banks, saving funds, financial companies, and securities companies;

c) The offices of media companies, cable television companies, digital television companies;

d) Lottery companies;

dd) Insurers (except forhealth insurance and social insurance agencies);

e) Travel agencies, photography shops, night clubs, karaoke bars, massage parlours;

g) Restaurants, hairdressing salons, laundry shops, tailor’s shops, car and bike wash stations;

h) The advertising of producers, traders, and service providers;

i) Facilities that repair and reconditions cars, motorbikes, vehicles, consumables, and household appliances;

k) Hotels, hostels, guest houses of organizations and individuals; offices for lease of which the electricity sale contracts are signed by lessors;

l) Electricity used for ticket booths, delivery stations, anterooms (antechambers) of shops in airports, train stations, bus stations, and ports;

m) Electricity used for tollbooths, car parks;

n) Electricity used for warehouses during the circulation of goods;

o)Managing offices of corporations, general companies and companies, except for the cases prescribed in Point d Clause 1 this Article;

p) Customer care centers; advisory companies;

q) The sales departments of organizations engaged in the cultural, artistic activities, sports, cultural houses, sport stadiums, museums, exhibition centers;

r) Sport facilities such as swimming pools, tennis courts, golf courses;

s) Theatres, art performance companies, cinema companies and cinemas, the circus;

t)Electricity used for postal activities (except for compulsory postal activities being public services) and telecommunication (except for telephone exchanges, transmission networks, and radio stations belonging to telecommunication companies);

IV.ELECTRICITY PRICES IN RURAL AREAS

1.Wholesale electricity prices in rural areas

a) The wholesale electricity prices in rural areas are the prices of electricity sold by EVN and electricity companies to rural electricity retailers.

b)The wholesale prices for electricity serving domestic uses

- The wholesale electricity prices in rural areas prescribed in Article 15 of this Circular are applicable to the amount of electricity used for the domestic use of the households in rural areas bought by rural electricity retailers at the master electricity meters at transformer stations, whether such transformer stations are owned by electricity buyers or electricity sellers, regardless of the voltages;

- The wholesale prices for the first 50 kWh prescribed in Clause 2 Article 15 of this Circular are applicable to the amount of electricity used by poor and low-income households that regularly use no more than 50 kWh per month and have registered with the electricity sellers;

-The wholesale prices for the first100kWhand the progressive prices of the upper levelsprescribed in Clause 2 Article 15 of this Circular are applicable to the amount of electricity used bynormal households and thepoor and low-income households that use more than 50 kWh per month and haveregistered withthe electricity sellers;

- the power consumption in each level at the master electricity meter is the power consumption of each level prescribed in Clause 2 Article 15 of this Circular multiplied by the number of registered poor and low-income households, or the number of normal households behind such master electricity meter;

- The number of households using electricity behind the master electricity meter is the number of households that have permanent residences or long-term temporary residencies within the supply of the master electricity meter, certified by the local police department, and the limits in the electricity sale contracts signed with the rural electricity retailer;

- The number of registered poor and low-income households behind the master electricity meter is determined based on the list of poor and low-income households that have registered for the retail tariff prescribed in Clause 2 Article 11 of this Circular, and certified by the legal representative of the electricity buyer.The electricitywholesalermay inspect and request the electricity buyer to present theelectricity bills and papers proving the registration applied by the poor and low-income households;

- The number of normal households is equal to the number of households behind the master electricity meter minus the number of poor and low-income households that have registered for the registration;

- The electricity wholesale prices in rural areas in the month when the electricity prices are converted shall be calculated as follows: the power consumption in each level of the at the old and new prices equals the daily limited consumption multiplied by the number of days before and after the adjustment of the price The daily limit of each level equal the power consumption of each level divided by the number of days in the month.

c) The wholesale prices for electricity serving other purposes prescribed in Clause 3 Article 15 of this Circular are applicable to the power consumption for other purposes than living.

d) The power consumption that apply the other-purpose wholesale prices at the master electricity meters equals the amount of commercial power consumption for other purposes, which is measured by retail meters, multiplied by 1.1.

dd) The power consumption thatis charged atthe wholesale pricesfor registered poor and low-income householdsequals the amount of commercialpower consumption of the registered poor and low-income households, which is measured by retail meters,multiplied by 1.1.

e) The power consumption that is charged at the wholesale prices for normal households equals the wholesale power consumption at the master electricity meter minus the power consumption that is charged at the other-purpose prices, and the power consumption that is charged at the prices applicable to registered poor and low-income households.

When the customers behind the master electricity meter only includes the poor and low-income households that register for the retail electricity tariff prescribed in Clause 2 Article 11 of this Circular, and the customers that use electricity for other purposes, then the power consumption poor and low-income households shall equal the power consumption at the master electricity meter minus the power consumption that is charged at the other-purpose wholesale prices at the master electricity meter.

When the customers behind the master electricity meter only includes the poor and low-income households that register for the retail electricity tariff prescribed in Clause 2 Article 11 of this Circular,then the wholesale prices forpoor and low-income householdsprescribed in Clause 2 Article 15 of this Circular shall apply to the power consumption measured by the master electricity meter.

Example 1:

The master electricity meter at a transformer station that supplies electricity for a village comprising 200 households that use electricity for domestic consumption, the power consumption measured by the master electricity meter in the month is 98,500 kWh.Some households use electricity for domestic consumption (including 25 households that register for the tariff for poor and low-income households, and the total commercial power consumption of these households is 1,050 kWh), other households uses electricity for other purposes (production, trading, service provision) that have separate electricity meters of which the power consumption in a month is 10,000 kWh. The amount payable by the rural electricity retailer to the electricity company for the power consumption measured by the master electricity meter:

Example 2: Themaster electricity meter at a transformer station that supplies electricity for a village comprising 200 households that use electricity for domestic consumption. The power consumption measuredby the master electricity meter in the month is 98,500 kWh.Somehouseholds use electricity for domestic consumption (including 25 households that apply of the tarrif for poor and low-income households, and the total commercial power consumption of these households is 1,500kWh),otherhouseholds uses electricity for other purposes (production, trading, service provision) that have separate electricity meters of which the power consumption in a month is 10,000 kWh. The amount payable by the rural electricity retailer to the electricity company for the power consumption measured by the master electricity meter:

g) Within 03 days from the date on which the value on the master electricity meter is recorded, the rural electricity retailer must provide the electricity wholesaler with:

- The statement of commercial power consumption usedfor other purposes;

- The list of registeredpoor and low-income householdsthat uses less than 50 kWh per month, enclosed with the commercial power consumption of each household;

- The list of the increased or decreased number of households (if any) certified by the local police department.

After this period, if the electricity retailer fails to provide the document above, the electricity wholesaler may apply the progressive electricity prices for rural areas from 151 to 200 kWh applicable to the normal households prescribed in Clause 2 Article 12 of this Circular to the entire consumption measured by the master electricity meter.

h) The transformer stations of the plantations in rural areas supply electricity for domestic consumption and other purposes shall apply the wholesale electricity prices in rural areas to the power consumption measured by the master electricity meter.,

2.Retailelectricity prices in rural areas

Theretailelectricity prices in rural areas:

a) The retail electricity prices for domestic consumption shall comply with the retail electricity tariff prescribed in Article 11 of this Circular;

b) The prices for electricity used for production, irrigation, administration, and trading in rural areas shall comply with the corresponding voltage-based retail electricity tariffs prescribed in Article 7, Article 8, Article 9, and Article 10 of this Circular.

V. The electricity prices for tenement houses and residential areas

1.Thewholesaleelectricity prices for tenement houses and residential areas

a) The wholesale electricity prices for tenement houses and residential areas prescribed in Article 16 of this Circular are the wholesale prices at the master electricity meters sold by EVN, electricity companies, or authorized organizations to electricity retailers for selling to customers in areas outside rural areas and industrial areas, or to customers in rural areas but the master electricity meter is located at the distribution position on the low-voltage line.

b) The wholesale electricity prices for domestic consumption of tenement houses and residential areas:

-The wholesale electricity pricesfor domestic consumption of tenement houses and residential areasprescribed in Article 16 of this Circular are applicable to thepower consumptionfor the domestic use of the householdsmeasured by the master electricity meter at the transformer stations, regardless of the voltages;

-The wholesale prices for the first 50 kWh prescribed in Clause 2 Article16of this Circular are applicable tothe power consumption ofpoor and low-income households that regularly use no more than 50 kWh per month and haveregistered withthe electricity sellers;

-The wholesale prices for the first 100 kWh and the progressive pricesfor the upper levelsprescribed in Clause 2 Article16of this Circular are applicable tothe power consumption ofnormal households and the poor and low-income households that use more than 50 kWh per month and have registered with the electricity sellers;

-The power consumption in each level at the master electricity meter is the power consumption of each level prescribed in Clause 2 Article 16 of this Circular,multiplied by the number ofregisteredpoor and low-income households, or the number of normal householdsbehindsuch master electricity meter;

-The number of households using electricity behind the master electricity meter is the number of households that have permanent residences or long-term temporary residencise within the supply of the master electricity meter, certified by the local police department, and the limits in the electricity sale contracts signed with the rural electricity retailer;

- The number of registered poor and low-income households behind the master electricity meter is determined based on the list of poor and low-income households that have registered for the retail tariff prescribed in Clause 2 Article 11 of this Circular, and certified by the legal representative of the electricity buyer.The electricity wholesaler may inspect and request the electricity buyer to present the electricity bills and papers proving the registration applied by the poor and low-income households;

-The number of normal householdsequalsthe number of households behind the master electricity meter minus the number ofregisteredpoor and low-income households;

-The electricity wholesale pricesfor domestic consumption of tenement houses and residential areas in the month when the electricity prices are convertedshall be calculated as follows: the power consumption in each level of the at the old and new prices equals the daily consumptionlimitmultiplied by the number of days before and after the adjustment of the price.The dailyconsumptionlimit of each level equalsthe power consumption of each level divided by the number of days in the month.

c) When a electricity retailer buys electricity and sell to tenement houses of officers, officials, students, the army, or monks, the wholesale prices shall be calculated as follows:

-If the number of people is identifiable, every 04 people is considered a household tochargethe progressive electricity pricesasprescribed Point b of this Clause;

-If the number of people is not identifiable, the progressive electricity prices from 151 to 200 kWh prescribed inClause 2 Article 16of this Circular shall apply.

The electricity prices for other purposes of tenement houses and residential areas

-The wholesale prices prescribed in Clause 3 Article 16 of this Circular are applicable to thepower consumptionfor other purposes thandomestic consumption;

-The power consumption thatis charged atthe other-purpose wholesale prices equals thecommercial power consumption at retail meters for other purposesmultiplied by 1.1.

- The power consumption that is charged atthe other-purpose wholesale pricesapplicable to new urban areas and high-rise apartment buildings equals the commercial power consumption at retail meters for other purposes multiplied by 1.02.

dd) The power consumption thatis charged at thewholesaleelectricitypricesfor domestic consumption of tenement houses and residential areas applicable to registeredpoor and low-income households equals thetotalcommercialpower consumptionof theregisteredpoor and low-income households, which ismeasured by retail meters,multiplied by 1.1.

e) The power consumption that is charged at the wholesale electricity prices for domestic consumption of tenement houses and residential areas applicable normal households equals the wholesale power consumption at the master electricity meter plus the power consumption that is charged at the other-purpose prices and the power consumption that is charged at the wholesale electricity prices for domestic consumption of tenement houses and residential areas applicable to registered poor and low-income households.

When the customers behind the master electricity meter only includes the poor and low-income households thatregister forthe retail electricity tariff prescribed in Clause 2 Article 11 of this Circular, and the customers that use electricity for other purposes, then the amount of electricity used by poor and low-income households shall equal the power consumptionmeasured bythe master electricity meter minus the power consumption thatis charged atthe other-purpose wholesale prices at the master electricity meter.

When the customers behind the master electricity meter only includes the poor and low-income households that register for the retail electricity tariff prescribed in Clause 2 Article 11 of this Circular, then the wholesale pricesapplicable to thepoor and low-income households prescribed in Clause 2 Article 15 of this Circular shallbe charged onthe power consumption measuredby the master electricity meter.

Example 1:

The master electricity meter at a transformer station (invested by the buyer – electricity retailer) supplies electricity for a residential area comprising 50 households that use electricity for domestic consumption. 05 households therein register for the tariff applicable to poor and low-income households.The total power consumption measured by their retail meters is 210 kWh.The consumption measured by the master electricity meter in a month is 25,000 kWh. There are some households that use electricity for other purposes (production, trading, service provision) that have separate meters. The total power consumption measured in a month is 2,000 kWh.The amount payable by the electricity retailer to the electricity company is calculated as follows:

Example 2:The master electricity meter at a transformer station (invested by the buyer – electricity retailer) supplies electricity for a residential area comprising 50 households that use electricity for domestic consumption. 05 households therein register for the tariff applicable to poor and low-income households. The total power consumption measured by their retail meters is300kWh.The consumption measured by the master electricity meter in a month is 25,000 kWh. There are some households that use electricity for other purposes (production, trading, service provision) that have separate meters. The power consumption measured in a month is 2,000 kWh. The amount payable by the electricity retailer to the electricity company is calculated as follows:

g) Within 03 days from the date on which the value on the master electricity meter is recorded, the electricity retailer must provide the electricity wholesaler with:

-The statement of commercial electricity used for other purposes;

-The list of registered poor and low-income households that uses less than 50 kWh per month, enclosed with the commercial power consumption of each household;

-The list oftheincreased or decreased number ofhouseholds (if any)certified by the local police department.

After this period, if the electricity retailer fails to provide the document above, the electricity wholesaler may apply the progressive electricity prices from 151 to 200 kWh applicable to the normal households prescribed in Clause 2 Article16of this Circular to the entire consumption measured by the master electricity meter.

For high-rise apartment buildings in new urban areas and cities, within 03 days from the date on which the value of the master electricity meter is recorded, the electricity retailer must provide the electricity wholesaler with the invoice or the statement of commercial power consumption used for other purposes, the limits of electricity for domestic consumption certified by the legal representative of the electricity retailer, enclosed with the list of increased or decreased households (if any) certified by the local police department, for calculating the electricity bills.After this period, if the electricity retailer fails to provide the document above, the electricity wholesaler may apply the progressivewholesaleelectricity prices from201to300kWh to the entire consumption measured by the master electricity meter.

e) The electricity retailers in the rural areas being converted into urban areas, or the towns being converted into cities may keep applying the electricity tariff applicable to the old area within 06 months from the date on which the decision on adjusting the administrative border is made. After this period, the electricity retailers must apply the electricity prices applicable to the new areas.

Example: the communes A, B, and C are converted into districts of a city on July 15th2013. on January 15th2014 at the latest, the electricity retailers in these communes must apply the electricity tariff for tenement houses and residential areas in urban areas.

2.The electricityretailprices fortenement housesand residential areas

The electricity retail prices for tenement houses and residential areasare determined as follows:

b) The retail electricity prices for domestic consumption of tenement houses and residential areas shall apply the retail electricity tariff prescribed in Article 11 of this Circular;

b) The retail prices for electricity serving the production, administration, and trading at tenement houses and residential areas shall comply with the voltage-based retail tariff of electricity serving the corresponding purposes according prescribed in Article 7, Article 9, and Article 10 of this Circular.

VI.ELECTRICITY PRICES FOR INDUSTRIAL PARKS

1.WHOLESALEELECTRICITY PRICES FOR INDUSTRIAL PARKS

a) The wholesale prices for electricity sold by electricity companies to electricity retailers in industrial parks are prescribed in Article 17 of this Circular.

b) The wholesale electricity prices prescribed in Clause 1 Article 17 of this Circular are applicable to the industrial parks where the electricity retailers invest in 110kV transformer stations and the medium-voltage to sell electricity to customers in industrial parks. The wholesale electricity prices applicable to each transformer station at110/35-22-10-6 kVare determined based on the total capacity of the 110kV transformers installed at the station.

Example: an electricity retailer in industrial park A buys electricity from the electricity seller B at the 110kV busbar at the 110/22kV transformer station to sell to its customers in the industrial park at 22 kV; the 110/22kV transformer station includes 02 transformers, the capacity of each transformer is 40 MVA. The total capacity of the transformer station is2x40 MVA = 80 MVA.

The prices:

The electricity retailer in industrial park A shall sell electricity at 22 KV to the producers in the industrial park at the following prices:

c) The wholesale prices prescribed in Clause 2 Article 17 of this Circular are applicable when the electricity retailer in the industrial park buys electricity from the electricity seller at the medium-voltage busbar at the110/35-22-10-6kVtransformer station or at the distribution point of the medium-voltage line, and sells electricity to the customers in the industrial park on the medium-voltage side of the35-22-10-6 kV/0.4kVtransformer.

The wholesale pricesat the master electricity meter are the retail prices applicable to the industry prescribed in Article 7 of this Circular at the corresponding voltages minus 2%.the power consumption for price calculation is the actual consumption measured by the master electricity meter.

Example: an electricity retailer in industrial park A buys electricity from the electricity seller B at the22kV busbar at the 110/22kV station to sell to its customers in the industrial park at 22kVside of the22/0.4kVtransformer station.

The electricity retailer in industrial park A shall pay the electricity seller as follows:

Theretail prices for electricity sold by theelectricity retailer in industrial park Ato the customers in the industrial parkat 22 KV: