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GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 98/2019/ND-CP
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Hanoi, December 27, 2019
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DECREE
AMENDMENTS TO DECREES CONCERNING TECHNICAL INFRASTRUCTURES
Pursuant to the Law on
Government Organization dated June 19, 2015;
Pursuant to the Law on
Urban and Rural Planning dated June 17, 2009;
Pursuant to the Law on
Construction dated June 18, 2014;
Pursuant to the Law on
Planning dated November 24, 2017;
Pursuant to the Law on
amendments to the articles of 37 Laws concerning planning dated November 20,
2018;
At the request of the
Minister of Construction of Vietnam;
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Article
1. Amendments to Decree No. 117/2007/ND-CP dated July 11, 2007 of the
Government of Vietnam:
1. Amendments to Article
12:
“Article 12. Water
supply planning subjects
1. The content of water supply
planning shall be determined in the regional planning, provincial planning,
construction planning, and urban and rural system planning.
2. Urban water supply
planning shall be formulated as a separate planning project for centrally
affiliated cities.”
2. Amendments to Clause 1
Article 23:
“1. Strategies for
socio-economic development, national defense and security, planning under the
national planning system, and any approved specialized or technical planning,
if any.”
3. Amendments to Article
26:
“Article 26.
Formulation responsibility, time, and authority to appraise and approve urban
water supply planning objectives and projects
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2. Authority to appraise
and approver urban water supply planning objectives and projects:
a) The People’s
Committees of centrally affiliated cities that are special-type urban areas shall
present the urban water supply planning objectives and projects to the Ministry
of Construction of Vietnam for appraisal and to the Prime Minister of Vietnam
for approval.
b) The urban planning
management authorities of centrally affiliated cities shall appraise and
present the water supply planning objectives and projects to the People’s
Committees of centrally affiliated cities for approval, excluding regulations
prescribed in Point a Clause 2 of this Article. The People’s Committees
of centrally affiliated cities must obtain the Ministry of Construction of
Vietnam’s consensus before approving the planning objectives and projects.
3. The time for
appraising urban water supply planning objectives and projects shall be no more
than 20 working days, and the time for approving urban water supply planning
objectives and projects shall be no more than 15 days from the adequate receipt
of valid dossiers as per regulation."
4. Amendments to Point a
Clause 1 Article 28:
“a) Upon adjustments to
strategies for socio-economic development, national defense and security,
planning under the national planning system, and specialized or technical
planning.”
5. Amendments to Clause
2, Clause 3, and Point a Clause 6 Article 29:
a) Amendments to Clause
2:
“2. For areas with
organizations and individuals providing water supply services, such
organizations and individuals may continue providing water supply services in
such areas.”
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“3. For areas without
water suppliers providing water supply services or areas requiring changes to
the water suppliers due to failure to meet the requirements for service quality
and plans for water supply development, the selection of water suppliers for
investment in the development of water supply systems and clean water business
in the areas shall comply with bidding laws and specific local conditions.”
c) Amendments to Point a
Clause 6:
“a) Provincial People’s
Committees or authorities delegated by the provincial People’s Committees
(hereinafter referred to as “People’s Committees”) shall select water suppliers
with the participation of local authorities in the water supply areas;”
6. Amendments to Article
35:
“Article 35.
Investment phasing and investment scale determination
Investment phasing and
determination of the investment scale of water supply facilities must conform
with actual demand and anticipate strategies for socio-economic development,
national defense, security, planning under the national planning, and
specialized or technical planning within no more than 5 years from the expected
date of putting the facilities into utilization and use to ensure investment
effectiveness.”
7. Section 2 Chapter II
and Articles 14, 15, 16, 17, 18, 19, and 20 are annulled.
8. “quy hoạch khai thác
tài nguyên nước” (planning for water resource extraction) is replaced with “quy
hoạch tài nguyên nước” (water resource planning) in Clause 3 and Clause 4
Article 5.
Article
2. Amendments to Article 1 of Decree No. 124/2011/ND-CP dated December 28, 2011
of the Government of Vietnam:
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2. “giai đoạn” (phase) is
replaced with “thời hạn” (time limit) in Clause 4.
Article
3. Amendments to Decree No. 23/2016/ND-CP dated April 5, 2016 of the Government
of Vietnam:
1. Amendments to Clause 1
Article 20:
“1. Crematoriums must be
constructed in conformity with the urban and rural system planning, provincial
planning, construction planning, relevant sector planning, and detailed
planning for crematorium construction approved by competent authorities.”
2. Amendments to Clause 1
Article 25:
“1. The cost of
formulating, appraising, approving, and implementing detailed planning for the
construction of cemeteries and crematoriums shall comply with planning laws,
construction laws, and urban planning laws.”
3. Clause 13 Article 2
and Article 7 are annulled.
4. “quy hoạch nghĩa trang
vùng tỉnh” (provincial cemetery planning) is replaced with “quy hoạch hệ thống
đô thị và nông thôn, quy hoạch tỉnh, quy hoạch xây dựng hoặc quy hoạch ngành có
liên quan” (urban and rural system planning, provincial planning, construction
planning, or relevant sector planning) in Point b Clause 3 Article 8, Clause 1
Article 9, Clause 1 and Point a Clause 2 Article 10, Clause 1 Article 11, Point
a Clause 1 Article 12, and Clause 1 Article 14.
Article
4. Amendments to Decree No. 80/2014/ND-CP dated August 6, 2014 of the
Government of Vietnam
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“1. Regarding centrally
affiliated cities, drainage planning refers to technical infrastructure
planning, formulated as a separate project to concretize the drainage planning
within the master urban planning approved by the competent authorities. Urban
drainage planning objectives must specify the following contents: scope,
boundary; technical-economic targets of the applied technical regulations;
determination of drainage basins and drainage zones; receiving sources,
forecast of total wastewater volume, networks, and location and scale of
drainage facilities.”
Article
5. Implementation provisions
1. This Decree comes into
force as of February 15, 2020.
2. Transitional
provisions:
a) Provincial and
inter-provincial specialized planning for technical infrastructures approved
before January 1, 2019 shall continue to be implemented until the end of the
planning period; where the contents of such planning are not conformable with
the Law on Planning 2017, they must be adjusted under this Law;
b) Provincial and
inter-provincial specialized planning for technical infrastructures decided or
approved before January 1, 2019 may be adjusted during implementation according
to relevant laws before the effective date of the Law on Planning to meet the
requirements for socio-economic development until national planning, regional
planning, and provincial planning under the Law on Planning are decided or
approved.
3. Decree No.
59/2007/ND-CP dated April 9, 2007 of the Government of Vietnam is annulled.
4. Ministers, Directors
of ministerial agencies, Directors of governmental agencies, Presidents of
People’s Committees of provinces and centrally affiliated cities, and relevant
organizations and individuals shall implement this Decree./.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc