On 15 June 2010 the Vietnamese Government issued Decree No. 68/2010/ND-CP on the sanctioning of legal breaches in the electricity domain (Decree 68). Decree 68 defines acts of breach and contemplates penalties against and remedies for such breaches.
Salient provisions of Decree 68 are discussed below.
Scope of Regulation
Sanctions for legal breaches in the electricity domain apply in the case of intentional or unintentional acts committed by individuals who and organisations which violate the provisions of electricity legislation to the extent that they are not considered as violations under criminal law provisions. The subject sanctions apply to violations of the provisions on:
Decree 68 applies to the following individuals and organisations:
Minors who commit legal breaches in the electricity domain will be sanctioned pursuant to Article 7 (Dealing with minors committing legal breaches) of the Ordinance on Handling of Administrative Breaches.
Principles and statute of limitations for sanctions
Sanctions for legal breaches in the electricity domain (breaches) must comply with the following principles:
Under the statute of limitations, the time limit for sanctioning a breach is one year, counting from the date such breach is committed.
Forms of sanctions and remedial measures
Sanctions comprise principal and additional sanctions.
For each act of breach, the breaching individual or organisation must be subject to one of the following principal sanctions:
Depending on the nature and seriousness of the breaches, organisations and individuals committing such breaches may also be subject to the application of one or more of the following additional sanctions:
Apart from the principal and additional sanctions mentioned above, breaching individuals and organisations may also be forced, among other things, to restore works altered due to the breaches committed to the original state and/or to dismantle illegal construction works.
Compensation for damages caused by breaches
Any individual who or organisation which commits breaches and causes damage to the interests of the State and the legitimate rights and interests of other individuals or organisations must pay compensation therefor in accordance with the provisions of the civil law.
Decree 68 took effect on 1 August 2010 and replaced Decree No. 74/2003/ND-CP dated 26 June 2003 regulating sanctions for administrative breaches in the electricity domain.
For inquiries related to this Legal Update, please contact:
Dao Nguyen ( )
Kevin B Hawkins ( )
Thinh Dan (
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