The Government Office recently issued the concluding remarks of Deputy Prime Minister Tran Luu Quang regarding the execution status of assigned tasks in Notice No. 263/TB-VPCP dated July 6, 2023 concerning transferring the National Load Dispatch Center (A0) to the Ministry of Industry and Trade.
The conclusions stated: On August 2, 2023, at the Government Headquarters, Deputy Prime Minister Tran Luu Quang chaired a meeting on the implementation of tasks assigned under Notice No. 263/TB-VPCP regarding the transfer of the National Load Dispatch Center (A0) to the Ministry of Industry and Trade.
Participating in the meeting were the Minister of Industry and Trade; leadership of ministries and agencies including Planning and Investment, Justice, Home Affairs, Government Office, Commission for the Management of State Capital at Enterprises (CMSC), along with representatives from the Ministry of Finance, Ministry of Labor - Invalids and Social Affairs; Chairman of the Member Council and General Director of Vietnam Electricity (EVN), and leadership of the National Load Dispatch Center (A0).
Immediately Formulate Financial Mechanisms for A0 Enterprise During Transition Period
After hearing reports from CMSC, MOIT, MPI, and remarks from attending ministries, Deputy Prime Minister Tran Luu Quang instructed relevant ministries, CMSC, and EVN to act urgently, proactively, and collaboratively to complete tasks assigned under Notice 263, ensuring quality and timeliness. The objective is to enable the Prime Minister to approve in principle the scheme for unbundling A0, establishing a new corporate entity, and executing the transfer from CMSC to MOIT before August 30, 2023, noting several key requirements:
Promptly formulate a financial mechanism ensuring operational funding for the new A0 corporate entity from the point of separation from EVN until the newly amended Price Law takes effect on July 1, 2024 (the transition period).
The Ministry of Finance shall issue specific guidance on the mechanism for EVN to provide operating expenditure for A0 at least through the end of 2023 in strict accordance with law; submit this guidance mechanism to CMSC and MPI for incorporation into the Project Scheme and appraisal reports; in case issues arise beyond authority, propose solutions to Deputy Prime Minister Tran Luu Quang before August 10, 2023.
The Ministry of Industry and Trade shall lead and coordinate with the Ministry of Finance and related agencies to agree upon a financial revenue generation mechanism for A0 from January 1, 2024 until the amended Price Law takes effect, ensuring continuous, stable, and effective operations post-unbundling; report to CMSC and MPI before August 10, 2023.
Coordinate with the Ministry of Justice, related ministries, and EVN to submit a draft Government Decree before August 15, 2023 amending, supplementing, or repealing provisions in Decree No. 96/2022/ND-CP and Decree No. 26/2018/ND-CP as directed in Document 5362/VPCP-DMDN dated July 17, 2023.
Proactively review, amend, and supplement relevant regulatory frameworks within ministry authority, ensuring full and robust legal grounds for immediate implementation upon completion of A0's transfer to MOIT.
The Ministry of Planning and Investment shall coordinate closely with CMSC to complete business registration for the newly created enterprise according to statutory procedures, targeting completion concurrent with the approval date of the Scheme.
Expedite completion of the appraisal report per CMSC's proposal, providing specific feedback on the draft Prime Minister's Decision on unbundling A0 to establish a new enterprise, sending it to CMSC no later than August 15, 2023.
The Ministries of Finance, Industry and Trade, Justice, Labor - Invalids and Social Affairs, and Home Affairs shall promptly submit formal feedback to MPI as requested under Document No. 6129/BKHDT-PTDN dated August 1, 2023, sending copies to CMSC prior to August 8, 2023.
Expedite Completion of the Transfer Plan
The Deputy Prime Minister instructed CMSC to chair and coordinate with MOIT, MPI, MOJ, and relevant agencies to finalize the Transfer Plan and the draft Prime Minister Decision approving the transfer in principle.
Synthesize and thoroughly incorporate all inputs from participating ministries and agencies, appraisal comments from MPI, and finalize project scheme documentation alongside the draft Prime Minister Decision on unbundling A0.
Submit complete scheme dossiers, plans, and draft Decisions to the Prime Minister before August 22, 2023 per Notice 263, ensuring feasibility, legality, and conformity with the Prime Minister's jurisdiction, particularly regarding transitional financial arrangements.
CMSC and MOIT shall proactively coordinate with EVN to scrutinize operational mechanisms that could impact EVN after A0's unbundling, addressing issues raised in EVN Submission 4159/TTr-EVN dated July 19, 2023, preventing disputes or legal snags, especially concerning international lenders and government-guaranteed BOT contracts; any issues exceeding authority must be submitted promptly to the Prime Minister for resolution.
Source: Industry & Trade Magazine
