According to the law and ordinance development program, the Electricity Law Project (amended) will be discussed by the National Assembly at the upcoming 8th Session. The Law Project consists of 9 chapters and 119 articles with many adjustments and additions to suit socio-economic development and practical life.
One of the issues receiving attention is the mechanism for handling slow-progressing power source projects.
According to Article 17 of the draft law, the state management agency for investment and the investment registration agency are responsible for suspending or terminating investment projects for power source projects that are behind schedule according to the provisions of the law on investment.
Investors shall liquidate their investment projects in accordance with the provisions of law on liquidation of assets when the investment project ceases to operate, except in prescribed cases.
The handling of land use rights and assets attached to land upon termination of investment project activities shall comply with the provisions of the law on land and other relevant legal provisions.
The amount of money guaranteed to implement the delayed power source project that has not been refunded shall be paid into the state budget according to the provisions of the law on investment.
After the investor is handled according to regulations, the competent state agency organizing the project bidding shall select a replacement investor according to the provisions of Article 27 (method of selecting investors for power projects) and Article 28 (bidding to select investors for power projects not invested in under the public-private partnership or public investment method).
In case an investor cannot be selected to replace the slow-progressing power source project, the Ministry of Industry and Trade and the provincial People's Committee shall report to the Prime Minister to replace the project according to regulations.
Article 15 of the draft Law also stipulates the authority to adjust the planning implementation plan.
Accordingly, the Prime Minister decides to adjust the prescribed cases; add projects, adjust and replace delayed projects, change the capacity scale of power projects, solutions to handle delayed projects and other adjustment contents not included in the prescribed cases based on the proposal of the Ministry of Industry and Trade or the Provincial People's Committee according to the decentralization of planning management.
The Ministry of Industry and Trade decides to adjust the progress of projects during the planning period; connection plans for power source projects according to the scope of planning decentralization; the number and capacity of 220 kV transformers; and the number of 220 kV power lines.
Provincial People's Committees decide to adjust the progress of projects during the planning period according to the management hierarchy; connection plans for power source projects according to the planning hierarchy; number and capacity of transformers of 110 kV or lower; number of power lines of 110 kV or lower voltage level.
The progress of the power source project implementation includes at least the following milestones: Time of investment project approval; Time of financial arrangement; Time of starting construction of the power source project; Time of putting the project into use according to the provisions of the law on construction.
