THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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|
No:
25/2013/ND-CP
|
Hanoi,
March 29, 2013
|
DECREE
ON ENVIRONMENTAL PROTECTION CHARGES FOR WASTE WATER
Pursuant to the
Law on Government organization, of December 25, 2001;
Pursuant to the
Law on Environment protection, of November 29, 2005;
Pursuant to the
Law on water resources, of June 21, 2012;
Pursuant to the
Ordinance of charges and fees, of August 28, 2001;
At the proposal of
The Minister of Finance;
The Government
promulgates the Decree regulating on environmental protection charges for waste
water
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GENERAL PROVISIONS
Article 1. Scope
of regulation
This Decree
prescribes the environ-mental protection charges for waste water; the regime of
collection, remittance, management and use of the environmental protection
charges for waste water.
Article 2. Subject
to the charges
1. Subject to the
environmental protection charges for waste water prescribed in this Decree are
industrial waste water and daily-life waste water.
2. Industrial waste
water means water discharged into the environment from production
establishments and agricultural, forestry and aquatic product processing
establishments.
3. Daily-life waste
water means water discharged into the environment from households and
organizations other than the subjects specified in Clause 2 of this Article.
Article 3. Charge
payer
1. Organizations and
individuals discharging waste water defined in Article 2 of this Decree are
liable to pay the environmental protection charges.
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3. For production
establishments and agricultural, forestry and aquatic product processing
establishments specified in clause 2 Article 2 of this Decree, if they use
Water sources from units providing clean waters for production and processing
operation, they shall be liable to pay the environmental protection charges for
industrial waste water (not required to pay the environmental protection
charges for Daily-life waste water).
Article 4.
Subjects not pay charges
The environmental
protection charges for waste water shall not be collected in the following
cases:
1. Water run off from
hydroelectric power plants, water circulated in production and processing
establishments without discharging into environment.
2. Sea water
discharged after being used in the salt production;
3. Daily-life waste
water from households in geographical areas currently enjoying the price
subsidy by the State in order to keep water prices suitable to the
socio-economic life;
4. Daily-life waste
water from households in communes in rural areas and localities where clean
water supply systems are not available yet;
5. Water to cool
equipment and machines not directly touching with pollution substances and
having separate drainage route;
6. Natural
storm-water out pour.
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RATES OF THE ENVIRONMENTAL PROTECTION CHARGES
FOR WASTE WATER, THE REGIME OF COLLECTION, REMITTANCE, MANAGEMENT AND USE
THEREOF
Article 5. Rates
of charges
1. For daily-life
waste water, the environmental protection charge rates shall be calculated in
percentage (%) of the selling price of 1m3 (one cubic meter) of clean water but
must not exceed 10% (ten percent) of non-VAT clean water selling price. For
daily-life waste water discharged from organizations and households which
exploit by themselves water for use (except for households in localities where
exists no clean water supply systems), the provincial People’s Councils shall
provided the charge rate applicable to each water user based on the average
charge which a water user from clean water system must pay in the locality.
2. The environmental
protection charge rates applicable to industrial waste water are calculated as
follows:
a) For waste water
not containing heavy metals, the charge is calculated under the formula:
F = f + C, of which:
- F means the payable
charge;
- f means the fixed
charge as prescribed by the Ministry of Finance and the Ministry of Natural
Resources and Environment but not exceeding 2,500,000 dong per year;
- C means the
altering charge, calculated as follows: Total water volume discharged; content
of 2 population substances including chemical oxygen
demand (COD) and total suspended solid (TSS)
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Pollution substance calculated charge
The minimum level (dong/kg)
The maximum level (dong/kg)
1
Chemical oxygen
demand (COD)
1,000
3,000
2
Total suspended
solids (TSS)
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3,200
b) For waste water
containing heavy metals, the charge is calculated under the formula:
F = (f x K) + C, of
which:
- F, f and C mean as
specified in point a clause 2 of this Article;
- K means coefficient
to calculate charge under waste water volume containing heavy metals of production
and processing establishments according to the List of production fields,
sectors that have waste water containing heavy metal promulgated by the
Ministry of Natural Resources and Environment and defined as follows:
Number
Waste water volume containing heavy metals (m3/ day and
night)
Coefficient K
1
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2
2
Between 30 m3
and 100 m3
6
3
Between over 100 m3
and 150 m3
9
4
Between over 150 m3
and 200 m3
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5
Between over 200 m3
and 250 m3
15
6
Between over 250 m3
and 300 m3
18
7
Over 300 m3
21
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c) Production and
processing establishments with waste water volume of less than 30 m3/
day and night shall not apply the altering charge.
Article 6.
Competence to provide charges
1. Basing themselves
on the provisions on the environmental protection charge rates for daily-life
waste water in Clause 1, Article 5 of this Decree, the socio-economic situation
and living conditions as well as incomes of their local population, the People's
Councils of the provinces and centrally-run cities shall decide on specific
rates of the environmental protection charges for daily-life waste water
applicable to each geographical area and each subject in their localities.
2. Basing itself on
the bracket of the environmental protection charge rates for industrial waste
water prescribed in Clause 2, Article 5 of this Decree, the Finance Ministry
shall assume the prime responsibility for, and coordinate with the Ministry of
Natural Resources and Environment in prescribing specific fixed charge rate and
charge rate for each pollutant in industrial waste water; and guide the
calculation of environmental protection charge amounts for industrial waste
water to be paid by charge payers.
3. The Ministry of
Natural Resources and Environment shall, base on actual polluted environment
from industrial waste water, amend and supplement List of production fields,
sectors that have waste water containing heavy metal as prescribed in point b
clause 2 Article 5 of this Decree.
Article 7.
Management and use of charges
The environmental
protection charges for waste water constitutes a State budget revenue and shall
be managed and used as follows:
1. Part of the
collected charges shall be left to the agencies or units directly collecting
the charges to defray the expenses for charge collection; cover expenses for
assessment and sampling of waste water for analysis in service of the charge
verification, the periodical or extraordinary examination of industrial waste
water as prescribed by the Ministry of Finance and the Ministry of Natural
Resources and Environment.
2. The remainder
after deducting the part left as specified in clause 1 of this Article, unit
collecting charges shall remit into the State budget to use for environmental
protection; add operation capital to the local environmental protection funds
in order to use for prevention, limiting, control of environmental pollution
from waste water; organize technological-technical solutions and plans to
process water environmental pollution.
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1. Payers of
environmental protection charges for daily-life waste water are obliged to pay
the charge amounts for waste water fully and on time to the clean water supply
units according to the sale invoices. Monthly, clean water supply units shall
have to remit the collected environmental protection charge amounts into the
State budget, after deducting the collected charge amount portions allowed to
be left to them as prescribed in Clause 1, Article 7 of this Decree.
2. Payers of
environmental protection charge for industrial waste water are obliged to
declare, remit the environmental protection charge to the provincial Services
of Natural Resources and Environment as prescribed as follows:
a) For the altering
charges, the charge payer must declare payable charge amounts on a quarter
basis, for the fixed charges, they must declare payable charge amounts on a
year basis and perform at the same time of declaration and remittance of the
altering charges of the first quarter. In case a establishment has waste water
volume less than 30 m3/day and night, it not have to remit
the altering charge as prescribed in point c clause 2 Article 5 of this Decree,
the time limit for remittance of fixed charge is not later than the ending day
of the first quarter in year.
b) Remit fully and on
time remittable charge amounts into the local State Treasuries according to
notices specified in point b clause 1 Article 9 of this Decree;
c) Make annual
settlements of payable charge amounts with the provincial Services of Natural
Resources and Environment.
d) Basing on
requirement of charge collection of each locality and the management capability
of the district-level agencies of Natural Resources and Environment, the
provincial Services of Natural Resources and Environment may report to the
provincial People’s Committees to decentralize for district-level Natural
Resources and Environment divisions in collection of industrial waste water
environmental protection charges in their localities.
3. Annually, within
60 days, from January 01 of financial year, units collecting the environmental
protection charges for daily-life waste water and industrial waste water must
make settlements of collection, remittance, management and use of payable
charge amounts in their localities in previous year with tax agencies in
accordance with regulation.
Article 9. Duties
and obligations of local agencies
1. The provincial
Services of Natural Resources and Environment and district-level divisions of
Natural Resources and Environment shall:
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b) Verify declaration
of environmental protection charge for industrial waste water, issue notices on
the remittable charge amounts; make the final settlement of
environmental protection charge for industrial waste water of subjects
remitting charges.
c) Summarize figures
on environmental protection charges for waste water in their localities in
order to report with their superior management agencies.
2. Tax agencies
shall: inspect, urge and make the final settlement of the collection,
remittance, management and use of the environmental protection charges for
waste water by clean water supply units and the local agencies of Natural
Resources and Environment.
3. The provincial
Services of Finance shall: coordinate with the provincial
Services of Natural Resources and Environment, provincial Tax Departments in
advisory for the provincial People’s Committees to submit to People’s Councils
of the same level for prescribing on the environmental protection charges under
their competence.
4. The local clean
water supply units shall:
a) Coordinate with
the provincial Services of Natural Resources and Environment and relevant units
during course of charge collection.
b) Summarize figures
on environmental protection charges for waste water in their localities and
report to the provincial Services of Natural Resources and Environment.
Chapter 3.
IMPLEMENTATION PROVISIONS
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This Decree takes
effect on July 01, 2013 and replaces Government’s Decrees:
No. 67/2003/ND-CP, of June 13, 2003, No. 04/2007/ND-CP, of January 08, 2007 and
No. 26/2010/ND-CP, of March 22, 2010, on environmental protection charges for
waste water.
Article 11.
Implementation organization
1. The Ministry of
Finance shall assume the prime responsibility for, and coordinate with the
Ministry of Natural Resources and Environment in guiding implementation of this
Decree.
2. Ministers, Heads
of ministerial-level agencies, Heads of Governmental agencies, the Presidents
of People’s Committees of central-affiliated cities and provinces shall
implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung