2002年-世界发展银行全球_The_Electricity_Law_for_Vietnam___Status_and_Policy_Issues_74页_3mb

Summary of The Electricity Law for Vietnam Report

Core Content

This document outlines the process and challenges involved in the preparation of the Electricity Law for Vietnam, highlighting the role of the Joint UNDP/World Bank Energy Sector Management Assistance Programme (ESMAP) in supporting the Government of Vietnam in developing a legal framework for the power sector. The report details the objectives, methodology, and outcomes of a round table on policy and law held in 2000, as well as the key issues and recommendations identified for the finalization of the law.

Main Objectives of the Report

1. To provide a status report on the work undertaken since 1996 to prepare the Electricity Law and associated secondary regulations.
2. To review the outcomes of the September 2000 round table on policy and law.
3. To provide recommendations on immediate and medium-term policy issues to facilitate drafting an effective Electricity Law.
4. To review the fourteenth draft of the Electricity Law and related decrees with specific suggestions for future drafting work.

Key Steps in the Preparation of the Electricity Law (1996–2001)

• April–July 1996: Basic outline of the law was prepared, identifying its purpose and topics to be covered.
• August–October 1996: Structure of the law and general content were developed, and the fifth draft was submitted to the Steering Committee.
• December 1996–August 1997: Main body of the law was developed in detail with input from legal advisors.
• September–October 1997: Regional consultation workshops were held in Danang, HCMC, and Hanoi.
• November 1997–March 1998: Drafting and consultation with the international community, including legal firms and donors.
• March–June 1998: Consultations with state management agencies.
• June 1998–May 1999: Regulatory study tour to Argentina, Germany, Jamaica, Panama, Thailand, and the USA.
• June–July 1999: Consultations with government agencies and civil society.
• November 2000: First round table on electricity legislation and policy.
• March 2001: Second round table focusing on contentious issues such as the structure and responsibilities of the regulatory authority.

Secondary Regulations

• The primary Electricity Law was intended to establish key principles and guidelines, while implementation details were left to secondary regulations.
• Three main secondary regulations were identified:
  1. Organizational structure and regulatory procedures of the regulatory agency.
  2. Tariff-setting methodology and approval procedures.
  3. Rural electrification.

ESMAP and Its Role

• ESMAP, in collaboration with the World Bank and ADB, provided technical assistance and support for the preparation of the Electricity Law.
• ESMAP's mission is to promote energy's role in poverty reduction and economic growth in an environmentally responsible manner.
• It operates through a Consultative Group (CG) and a Technical Advisory Group (TAG), and its work includes advisory services, pilot projects, trainings, and publications.

Funding and Support

• ESMAP is supported by the World Bank, UNDP, and official donors from several countries.
• Private donors and in-kind support from the energy and development community also contributed.

Round Table on Policy and Law

• Conducted in Haiphong on September 26–27, 2000, using Objective Oriented Project Planning (OOPP) methodology.
• Aimed to identify and analyze policy decisions necessary for a satisfactory Electricity Law.
• Used structured brainstorming with participants writing their inputs on cards and discussing them in groups.
• The discussion was conducted in both Vietnamese and English with sequential translation.

Problem Analysis and Prioritization

• Two core problems were identified: inadequate access to electricity and unsatisfactory reliability, quality, and safety of electricity supply.
• Participants identified 27 problems related to access and 29 related to reliability and quality.
• These were grouped into problem trees to clarify cause-effect relationships.
• A voting process was used to prioritize the problems, revealing the following key issues:

Access to Electricity

• Institutional arrangement not favorable or inadequate (98 points)
• Insufficient investment (89 points)
• Law on electricity not available (37 points)
• Economic/financial investment not viable (15 points)
• Insufficient ability to pay (14 points)
• Insufficient policy mechanisms (14 points)
• Poor institutional arrangements for nongrid and remote areas (13 points)
• Lack of investment mechanisms (12 points)

Reliability and Quality of Electricity Supply

• Lack of regulator (47 points)
• Poor (technical) quality of distribution system (43 points)
• Monopoly (31 points)
• Irresponsible behavior of customer-service staff (24 points)
• Institutional arrangement not good (22 points)
• No incentives or penalties for institutions or employees (18 points)
• Not enough investment in technical equipment (17 points)

Policy Guidance Document

• A policy guidance document was prepared by the World Bank and advisory team.
• It aimed to provide a structured approach to clarify policy elements and guide future changes to the draft law.
• The document outlined the main objectives of the power sector, the problems identified, and the prioritization of these issues.

Legislative Review of the Fourteenth Draft

• The fourteenth draft of the Electricity Law was reviewed in detail.
• The review focused on addressing the policy issues and recommendations identified in the previous sections.
• It was emphasized that the law needed to be more precise and clear to ensure its effectiveness.

Conclusion

• The round table confirmed the need for clarification in several policy areas and the importance of making critical policy decisions.
• The working group identified 13 main policy elements that needed to be addressed in a comprehensive government power-sector policy.
• These elements included market structure, regulation, rural electrification, investment, and environmental protection.

Key Recommendations

• The Government should focus on improving institutional arrangements and increasing investment in the power sector.
• Clarification of the legal and policy framework is essential to address the core problems identified.
• A clear and comprehensive Electricity Law is necessary to ensure the efficient and effective operation of the power sector and to support economic development and environmental sustainability.