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Dragon Law firm advises on case apply for permits electricity operation
Posted: 05/01/2012
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Of customer questions :

My company needs:

Practice certificate design consultancy for 10 company employees

Permit the electricity operation for company

Hope DRAGON law company advising me of the for permits procedures for company

Behalf of the DRAGON Company Law, Advisory Board would get back to you as follows:

Regarding procedures licensing for electricity activities

The law governing :

- The electricity law 2004;

- Decree No. 79/2006/ND-CP dated 09/08/2006 guiding some articles of the Electricity Law;

- Decree No. 45/2001/ND-CP dated 02/08/2001 on electricity activities and electricity use.

- Decree No. 105/2005/ND-CP dated 17/8/2005 detailed provisions and guiding some articles of the Electricity Act.

The Licensing conditions

Organizations and individuals applying for electricity activity licenses shall meet the following general conditions:

Being an organization or individual business registration, established and operated in accordance with the law, including:

- Enterprises of all economic sectors and activities established under the provisions of law

- Cooperatives established and operating under the Cooperative Law;

- Business households, and individuals with business registration in accordance with law;

- Other organizations established under the provisions of law.

- Having dossiers of valid issuance, amendment, supplement electricity activity licenses.

- Have the financial capability to perform the electricity activities proposed licensing

Granting agencies

Bureau of Electricity - Ministry of Trade licensing for activities on:

- Operations generators for the power plants with scale from 3MW and above and outside the licensing jurisdiction of the Ministry of Industry, and Trade Activity wholesale electricity;

- Operations electricity distribution; electricity retail activities; Consulting specializes in power, including the following areas:

+ The planning consultancy on national electricity development, development planning local power and ladder planning hydro-electric the rivers

+ Investment consultancy power plant construction. Investment the construction consultancy lines and transformers;

+ Consultants supervising the construction power plant, the transmission line and substation

People’s Committees of provinces and cities the direct under the Central Government or authorize the Department of Trade permits for electricity activities in the following areas:

- Operating power generation for the power plants scale below 3 MW capacity in localities

- Consult construction investment the lines and transformers stations have a voltage level from of 35 kV or less, business registration in the locality

- Consultant monitoring the construction transmission line projects and substation from 35 kV or less, business registration in the locality

- Activities electricity distribution the rural in localities

- Retail sale of electricity in rural localities.

After study of your company’s business registration certificate, we sees that for the trading in sales , manufacture of electrical devices such as : machine motors, transformers, generators, distribution equipment and electrical control, you do not need to ask minor licenses. In case your company additional business lines on electricity which the law requires a permit as consulting above,then which needs apply for permits for electricity activities .

Regarding procedures for granting certification designer of works , the construction supervision

The law governing

- Construction Law in 2003;

- Decree No. 12/2009/ND-CP dated 12/02/2009 of the Government on management of investment projects on the construction of works

- The Circular No. 12/2009/TT-BXD on 24/6/2009 the Ministry of Construction, detailed on granting certification construction activities guidance .

The subjects allocated a practicing certificate

(Implementation of Article 1 of Circular 12/2009/TT-BXD)

Individuals who are foreigners, who Vietnam residing abroad. foreigners construction activities lawful in Vietnam have needs to be certified, qualified capacity corresponding to the field of application for registration professional practice.

The field practice of building activities

(Implementation of Article 10 of Circular 12/2009/TT-BXD)

* The field practicing architect, including:

a) Design of construction planning;

b) Architectural design of work;

c) Design internal - Outdoor Furniture works

* The field of the engineers construction activities include:

a) Construction surveys include:

- Topographic;

- Geological survey;

- Geological and hydrological survey.

b) Design build including specialization mainly the following:

- Designing structures;

- Electrical design work;

- Electromechanical design works;

- Design level - drainage;

- Design of heat supply;

- Design ventilation, air conditioning;

- Network design information - contacts in the construction;

- Design fire prevention - fire fighting;

- Design in other disciplines

*Professional fields supervision the construction of :

a) Supervision of the work construction survey include:

- Supervise the work geological survey work;

- Supervise the work of geological and hydrological survey;

b) Supervision the work of construction and finishing;

c) Supervision of equipment installation work;

d) To supervise the installation of technological equipment.

Conditions for granting certificates

(Implementation of Article 6 of Circular 12/2009/TT-BXD)

* The general conditions:

There are enough civil rights and civil act capacity as prescribed by law, for the foreigners and Vietnam residing abroad must have a residence permit in Vietnam in accordance with the law law;

* There are ethical professional and certifications as prescribed in Section IV of these  Guidelines and to pay fees as prescribed.

*Condition for certification professional practice architect:

a) Have the conditions specified in Clause 1, Section III of this Guide;

b) Having graduated from university or higher the specialized architectural or construction by legitimate institutions Vietnam or the foreign countries.

c) Have experience in design work for at least five years and participate in architectural design (or design internal - Outdoor Furniture) at least 5 works or 5 planning blueprints  are approved.

* Conditions certification engineer :

a) Have the conditions specified in Clause 1, Section III of this Guide;

b) Having a university degree or higher, in accordance with specialized registration to practice by the legal training institutions of Vietnam or foreign countries

c) Have experience in the field of application for registration to practice at least five years and has participated in the design or surveying for at least 5 works.

* Conditions for certification to practice supervision of construction works:

a) Have the conditions specified in Clause 1, Section III of this Guide;

b) Having a university degree or higher (for the practicing certificate types red) or colleges diploma or intermediate (for the practicing certificate type pink) of specialized training in accordance with applied for registration practice, the lawful  training institutions of Vietnam or the foreign countries;

c) Have been directly involved in implementation of the design or construction from three years, or were participating in the design, construction of at least five works experimental works handover;

d) It shall supervise the construction works from three years or more (applies to the cases before the Construction Law takes effect);

e) Certificates professional fostering construction supervision accordance with the type of works by the to apply for certificates training institutions recognized by the Ministry of Construction grant

Business registration certificate of the company you do not have any fields related to the design consultancy works, so if companies want to practice have to change business registration, additional trades to be active.

The above are consultancy contents , please reference customers.

The above are the provisions of current law on the issue of your company.

In case your company needs, please contact the for advice and help.

Sincerely !

 Dragon Law Firm

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