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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
117/2007/ND-CP
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Hanoi,
July 11, 2007
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DECREE
ON CLEAN WATER PRODUCTION, SUPPLY AND CONSUMPTION
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
At the proposal of the Construction Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.
Governing scope and subjects of application
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2. This Decree applies to
domestic organizations, individuals and households and foreign organizations
and individuals engaged in activities related to clean water production, supply
and consumption in the Vietnamese territory.
3. If a treaty to which Vietnam
is a contracting party contains provisions different from those of this Decree,
the provisions of that treaty prevail.
Article 2.
Interpretation of terms
In this Decree, the terms below
are construed as follows:
1. Water supply activities mean
relevant activities in the domain of production, supply and consumption of
clean water, including planning, designing consultancy, construction
investment, operation management, clean water wholesale, clean water retail and
water use.
2. Water supply services mean
relevant activities of organizations or individuals in the domains of clean
water wholesale and clean water retail.
3. Water supply units mean
organizations or individuals that conduct some or all of activities of
exploiting, producing, conducting, wholesaling and retailing clean water.
4. Water supply wholesale units
mean water supply units that sell clean water to other water supply units for
direct distribution or sale to water-using customers.
5. Water supply retail units
mean water supply units that sell clean water directly to water-using
customers.
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7. Clean water means water,
which has gone through treatment, pertains to safe quality and satisfies the
use requirements.
8. A complete concentrated water
supply system means the one composed of water-exploiting and -treating works,
pipeline networks for supply of clean water to water-using customers, and
relevant support facilities.
9. Water supply networks mean
systems of pipelines conducting clean water from production places to consumption
places, including grade-I networks, grade-II networks, grade-III networks and
relevant support facilities.
10. Grade-I networks mean
systems of principal pipelines functioning to conduct water to areas of water
supply service regions and to major water-using customers.
11. Grade-II networks mean
systems of connecting pipelines functioning to regulate water flows for
principal pipelines and ensure the operation safety of water supply systems.
12. Grade-Ill networks mean
systems of distribution pipelines conducting water from principal pipelines and
connecting pipelines to water-using customers.
13. Support facilities mean
those in support of the management, operation, maintenance and repair of water
supply systems, such as yards, roads, workshops, fence walls, transformer
stations, assorted valve holes, meter boxes, fire plugs, etc.
14. Water-measuring equipment
means flow and pressure-measuring equipment, including water meters, pressure
meters and accompanying equipment and accessories.
15. Water stealing means acts of
illegally taking water not via meters, impacting to falsify figures indicated
by water meters and other relevant equipment, deliberately or connivingly
recording inaccurately meters figures and other acts of taking water
fraudulently.
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Article 3.
Operating principles and policies on development of water industry
1. Water supply activities constitute
a type of production and business activities subject to State control aiming to
ensure the lawful rights and interests of water supply units and water-using
customers, taking into account the water supply support for the poor and
regions meeting with exceptional difficulties.
2. To sustainably develop
water supply activities on the basis of tapping to the utmost all resources,
meeting peoples demand for clean water with adequate quality, civilized and
economical service and socio-economic development requirements.
3. To exploit, produce and
supply clean water without depending on administrative boundaries.
4. To prioritize the
exploitation of water sources for supply for daily-life activities of
communities.
5. To encourage the rational and
thrifty use of clean water and to apply technologies of reusing water for
different purposes.
6. To encourage various economic
sectors and social communities to invest in the development and management of
water supply activities.
Article 4.
Clean water quality
1. The quality of clean water
used for daily-life activities (drinking, personal hygiene) must be up to the
technical standards set by competent state bodies. The Health Ministry
promulgates standards of clean water used for daily-life activities.
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3. The quality of clean water
used for purposes other than the daily-life activities is agreed upon between
water supply units and water-using customers.
Article 5.
Using water sources for water supply activities
1. Administrations of all
levels, organizations and individuals shall protect water sources; cases of
infringing upon or undermining water sources shall be strictly handled.
2. Where water sources are
limited due to national conditions or prolonged droughts, natural disasters or
war, the supply of crude water sources for daily-life water supply is given the
first priority
3. To rationally exploit and use
water sources; to combine the use of surface and underground water sources for
water supply, based on water resource exploitation plannings and water
supply plannings
approved by competent state bodies.
4. Relevant ministries and
branches shall conduct investigations and surveys, formulate and manage
complete data sets on water sources in service of water supply. Water resource
management agencies shall elaborate plannings on exploitation and use of water
resources and supply necessary information in service of water supply; units
exploiting and using water sources for water supply shall formulate plans on
hygiene protection zones for water exploitation areas and submit them to
competent agencies for decision, protect water sources and environment in exploitation
areas and supply adequate information and data on water exploitation and use in
accordance with law.
Article 6.
Land use in water supply activities
1. The State and local
administrations at all levels shall prioritize land funds for the construction
of water supply works, based on practical demands and development requirements
of each period under the approved water supply plannings.
2. Local administrations at all
levels shall, based on the approved water supply plannings, organize the
management and protection of land funds identified for water supply works.
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1. The planning blueprints and
investment projects on construction of traffic works must ensure their
synchronism with relevant water supply systems and be considered and agreed in
writing by local water supply state management agencies before they are
submitted to competent authorities for approval.
2. The planning blueprints and
investment projects on construction of irrigation or hydroelectric power works
must ensure their synchronism with relevant water supply systems, prioritizing
the supply of crude water for water supply works upon the construction of
irrigation or hydroelectric power works, and be considered and agreed in
writing by state management agencies in charges of water supply in localities
before they are submitted to competent authorities for approval. Water supply
systems fed with crude water from irrigation or hydroelectric power works are
liable to payment of crude water charges as provided for by law.
Article 8.
Community participation
1. The State encourages people
and communities to participate in the management and oversight of water supply
activities.
2. The Construction Ministry
guides the process of contributing opinions and overseeing by communities in
the course of formulating, concluding and implementing agreements on water
supply service provision.
3. Peoples Committees at all
levels must abide by the process of contributing opinions and overseeing by
communities in the course of formulating, concluding and implementing
agreements on water supply service provision with water supply units.
Article 9.
Propagation, dissemination and education of law on water supply
1. Ministries, ministerial-level
agencies, government-attached agencies, Peoples Committees of all levels and
water supply units shall, within the ambit of their respective
responsibilities, coordinate with mass media agencies and schools in
mobilizing, educating and guiding people to protect water supply works, to
thriftily use water and strictly observe legal provisions on water supply.
2. Political organizations,
social organizations and socio-political and professional organizations shall,
within the ambit of their respective responsibilities, coordinate with water
supply state management bodies in propagating and mobilizing people to protect
water supply works, to use water thriftily and to strictly observe legal
provisions on water supply.
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1. Destroying water supply
works, equipment.
2. Violating the regulations on
protection of safety areas of underground water wells, surface water sources in
service of water supply.
3. Violating regulations on protection
of safety corridors of crude water pipelines, clean water-conducting pipelines,
technical facilities and water supply networks.
4. Obstructing the examination
and inspection of water supply activities.
5. Stealing water.
6. Polluting unused clean water.
7. Supplying untruthful
information, thus affecting the lawful rights and interests of other
organizations or individuals in water supply activities.
8. Abusing positions and powers
to trouble or harass other organizations or individuals in water supply
activities.
9. Supplying water by water
supply units for daily-life activities, which is not up to the technical
standards promulgated by competent state bodies.
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11. Other acts in violation of legal
provisions on water supply.
Chapter II
WATER SUPPLY PLANNINGS
Section 1.
GENERAL PROVISIONS
Article 11.
General provisions on water supply plannings
1. Water supply plannings
are elaborated and approved for use as a basis for subsequent water supply activities.
2. All organizations and
individuals participating in water supply activities must abide by water supply
plannings
approved by competent state bodies.
Article 12.
Subjects of elaboration of water supply plannings
1. Upon elaboration of water supply
plannings,
the study on elaboration of water supply plannings must be
organized as an inseparable part of construction planning blueprints and the
provisions of this Decree and legal provisions on construction plannings
must be complied with.
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a/ Regional water supply
planning: For different localities where natural conditions, socio-economic
development conditions and population distribution permit the regional water
supply but the regional construction planning is neither available nor
formulated. In case of necessity, a regional water supply planning may be
formulated to serve as a basis for management and deployment of water supply
activities in service of regional socio-economic development requirements;
b/ Urban water supply planning:
For urban centers of grade II or higher (and other urban centers when it is
deemed necessary), aiming to concretize the water supply orientations
identified in general planning on urban construction.
Water supply plannings formulated as
separate planning blueprints comply with the provisions in Sections 2 and 3 of
this Chapter and relevant legal provisions on construction plannings.
Section 2.
REGIONAL WATER SUPPLY PLANNING
Article 13.
Regional water supply planning terms and formulation duration
1. Regional water supply plannings
are formulated for a short term of 5 years or 10 years or a long term of 20
years or longer.
2. The regional water supply
planning formulation duration does not exceed 18 months, counting from the date
the planning tasks are approved by competent authorities.
Article 14.
Tasks of regional water supply planning formulation
1. Contents of regional water
supply planning tasks:
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b/ Evaluating natural
conditions, forecasting developments of water environment in terms of quality,
deposit and capability to exploit regional, interregional water sources;
c/ Organizing regional water
supply with techno-economic optimum, without depending on administrative
boundaries of water exploitation and use areas.
2. Drawings on positions,
boundaries, sizes and regional relations of between 1/100,000 and 1/500,000
scale.
The duration for formulation of
regional water supply planning tasks shall not exceed 2 months, for regional
water supply plannings
within a province, 3 months for regional water supply plannings within
inter-provincial areas, counting from the date the tasks are officially
assigned.
Article 15.
Bases for formulation of regional water supply plannings
1. Socio-economic development
general plannings,
construction plannings,
water resource exploitation, use and development plannings, relevant
branch development plannings,
if any.
2. Orientations of urban
development general plannings
and orientations for development of national technical infrastructures already
approved by the Prime Minister.
3. Investigation and survey
results and relevant data and documents.
4. Standards and norms.
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Article 16.
Contents of regional water plannings
Depending on the characteristics
and size of each region, a regional water planning contains the following major
contents:
1. Investigation, survey and
assessment of actual socio-economic situation, natural conditions and technical
infrastructure system of the planned region.
2. Investigation, survey and
assessment of deposit and quality of surface water and underground water
sources and capability to exploit them for water supply.
3. Assessment and forecast of
socio-economic development, regional technical infrastructure system.
4. Identification of water
supply norms, water use demands according to planning terms for each area of
the region.
5. Identification of water
supply sources, water supply capacity for each term.
6. Identification of positions,
capacities of key works (pumping stations, treatment plants...), principal
pipelines and land use demands for water supply works.
7. Phasing of investment
according to planning terms, preliminary determination of total investment,
projection of projects entitled to investment priority.
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9. Proposed solutions to the
implementation of the planning.
10. Proposed schemes on
organization of regional water supply management.
11. Assessment of environmental
impacts.
Article 17.
Dossiers on regional water supply planning blueprints
Depending on the characteristics
and size of each region, the dossiers on a regional water supply planning
blueprint comprise:
1. Drawings:
a/ Maps of positions and
inter-regional relations, of between 1/100,000 and 1/500,000 scale;
b/ Maps of surface and
underground water sources and water source- exploiting capability of between
1/25,000 and 1/250,000 scale;
c/ Map of current status of
regional water supply system, of between 1/25,000 and 1/250,000 scale;
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2. General reports, covering the
explanation, relevant legal documents, reports approving regional water supply
planning blueprint.
Article 18.
Responsibilities to formulate, competence to appraise and approve regional
water supply planning tasks and blueprints
1. Responsibilities to formulate
regional water supply planning tasks and blueprints:
a/ The Construction Ministry
organizes the formulation of inter-provincial regional water supply planning
tasks and blueprints;
b/ The Peoples Committees of
provinces and centrally run cities (hereinafter called the provincial-level
Peoples Committees for short) shall organize the formulation of regional water
supply planning tasks and blueprints within their respective administrative
boundaries.
2. Competence to appraise and
approve regional water supply planning tasks and blueprints:
a/ For inter-provincial regional
water supply plannings:
The Prime Minister approves or
authorizes the Construction Ministry to approve inter-provincial regional water
supply planning tasks and blueprints within 25 working days after the receipt
of a complete and valid dossier.
The Construction Ministry
assumes the prime responsibility for appraising inter-provincial regional water
supply planning tasks and blueprints, which fall under the approving competence
of the Prime Minister, within 20 working days after the receipt of a complete
and valid dossier.
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The provincial-level Peoples
Committee shall approve the regional water supply planning tasks and blueprints
within administrative boundaries under its management within 15 working days
after the receipt of a complete and valid dossier from the appraising body and
consent of the Construction Ministry.
The provincial Construction
Service and the municipal Service of Communications and Public Works shall
assume the prime responsibility for appraising regional water supply planning
tasks and blueprints, which fall under the approving competence of provincial-level
Peoples Committee, within 20 working days after the receipt of a complete and
valid dossier.
Article 19.
Regulations on management of regional water supply plannings
On the basis of drawings and
explanations of regional water supply planning blueprints, proposals and
solutions to the implementation of regional water supply plannings, the persons
competent to approve regional water supply planning blueprints promulgate
regulations on management of regional water supply plannings. Such regulations
cover:
1. Regulations on positions,
roles, functions, sizes of regional water supply works.
2. Regulations on scopes of
protection and safety corridors for water supply works and conducting
pipelines.
3. Division and definition of
responsibility for management and implementation of regional water supply plannings.
4. Other regulations.
Article 20.
Adjustment of regional water supply plannings
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a/ There appears the adjustment of
relevant socio-economic development general plannings, construction plannings
or branch development plannings;
b/ There appear big changes in
water source deposits or quality against forecasts.
2. The time limits for
considering the adjustment of regional water supply plannings are decided by
persons competent to approve regional water supply planning blueprints.
3. The adjustment of regional
water plannings
must be based on the analysis and assessment of the implementation of the
previously approved water supply planning blueprints and the factors affecting
the adjustment of plannings,
ensuring their continuity, and only altered contents shall be adjusted.
4. Persons competent to approve
regional water supply plannings
shall approve the adjusted regional water supply planning blueprints.
Section 3.
URBAN WATER SUPPLY PLANNINGS
Article 21.
Urban water supply planning terms and formulation duration
1. Urban water supply plannings
are formulated for a short term of 5 years or 10 years or a long term of 20
years.
2. The duration for formulation
of an urban water supply planning does not exceed 12 months, counting from the
date the planning tasks are approved by a competent authority.
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1. Contents of urban water
supply planning tasks:
a/ Assessing and forecasting the
urban development, urban infrastructures in compatibility with socio-economic
development general plannings,
construction plannings,
branch development plannings
for periods of 5 years, 10 years and 20 years;
b/ Evaluating natural
conditions, forecasting environmental developments in terms of quality, deposit
and exploitation capacity of water sources of urban centers, urban regions;
c/ Organizing urban water supply
with techno-economic optimums, the regional relations in urban water supply.
2. Drawings of diagrams of
positions, boundaries and regional relations, of 1/25,000 and 1/100,000 scale.
3. The duration for formulation
of an urban water supply planning does not exceed 2 months, counting from the
date the tasks are officially assigned.
Article 23.
Bases for formulation of urban water supply plannings
1. Socio-economic development
general plannings,
construction plannings,
water resource exploitation, use and development plannings, regional
water supply plannings
and relevant branch development plannings, if any.
2. Investigation and survey
results and relevant data and documents.
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4. Approved urban water supply
planning tasks.
Article 24.
Contents of urban water supply plannings
Depending on the characteristics
and size of each urban center, an urban water supply planning has the following
contents:
1. Investigation, survey and
assessment of the actual socio-economic situation, natural conditions and
technical infrastructures of the planned urban center and its relations with
relevant regions.
2. Investigation, survey and
assessment of the current status of the water supply system: exploitation
sources, capacity, efficiency, clean water quality, water pressure, the
continuity of services, the ratios of connections, waste and loss ratios and
assessment of the conditions of water supply works and pipeline networks.
3. Investigation, survey and
valuation of deposits and quality of surface and underground water sources and
capability of exploitation for water supply.
4. Assessment and forecast of
socio-economic development, urban technical infrastructure systems.
5. Identification of water
supply norms for different use purposes and water supply demands according to
the planning terms.
6. Identification of capability
for regional water supply relations.
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8. Determination of structure of
water pipeline networks; zoning of water supply, calculating grade-I and
grade-II networks for each planning term, identification of connection points
between grade-I networks and grade-II networks.
9. Phasing of investment
according to planning terms, preliminary determination of the total investment,
anticipation of priority investment projects.
10. Proposed regulations on
protection of water sources, protection of water supply systems.
11. Proposed solutions to the
implementation of the planning.
12. Assessment of environmental
impacts.
Article 25.
Dossiers of urban water supply planning blueprints
Depending on the characteristics
and size of each urban center, the dossier of an urban water supply planning
blueprint comprises:
1. Drawings:
a/ Maps of positions and
inter-regional relations, the 1/50,000-1/250,000 scale;
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c/ Maps of surface and
underground water sources and water source-exploiting capability, the
1/5,000-1/25,000 scale;
d/ Maps of water supply regions
zoned off according to planning terms, the 1/5,000- 1/25,000 scale;
dd/ Maps identifying
positions of water supply works, grade-I and grade-II water pipeline networks,
the 1/25,000-1/250,000 scale;
e/ Pressure diagram.
2. The sum-up report, including
explanation, relevant legal documents, report approving the urban water supply
planning blueprint.
Article 26.
Responsibilities to formulate, competence to appraise and approve urban water
supply planning tasks and blueprints
1. Provincial-level Peoples
Committees shall organize the formulation of urban water supply planning tasks
and blueprints in their respective administrative boundaries.
2. Competence to appraise,
approve urban water supply planning tasks and blueprints:
a/ The Prime Minister shall
approve or authorize the Construction Ministry to approve water supply planning
tasks and blueprints for urban centers of special grade within 25 working days
after the receipt of complete and valid dossiers. The Construction Ministry
shall assume the prime responsibility for appraising water supply planning
tasks and blueprints for urban centers of special grade within 20 working days
after the receipt of complete and valid dossiers;
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c/ The Construction Ministry
shall consider and approve water supply planning blueprints for urban centers
of grade II or higher within 20 working days after the receipt of urban water
supply planning blueprint dossiers and written requests of provincial-level
Peoples Committees;
d/ Construction Services of
provinces and the Communication and Public Works Services of centrally run
cities shall appraise the urban water supply planning tasks and blueprints
which fall under the approving competence of provincial-level Peoples
Committees within 20 working days after the receipt of complete and valid
dossiers.
Article 27.
Regulations on management of urban water supply plannings
On the basis of contents of
drawings, explanations of urban water supply planning blueprints, proposals and
solutions to the implementation of urban water supply plannings, persons
competent to approve urban water supply planning blueprints promulgate
regulations on management of urban water supply planning. Such regulations
cover:
1. The regulations on positions,
roles, functions and sizes of water supply works;
2. The regulations on protection
scope and safety corridors for water supply works and pipeline networks of the
water supply systems;
3. Division and definition of
management responsibilities of urban administrations of different levels and
relevant organizations and individuals in the implementation and management of
urban water supply plannings;
4. Other regulations.
Article 28.
Adjustment of urban water supply plannings
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a/ There appears the adjustment
of relevant socio-economic development general plannings, construction plannings
or branch development plannings;
b/ There appear big changes in
water source deposits or quality against forecasts.
2. The time limit for consideration
of adjustment of an urban water supply planning is decided by the person
competent to approve the urban water supply planning blueprint.
3. The adjustment of urban water
supply plannings
must be based on the analysis and assessment of the implementation of
previously approved urban water supply planning blueprints and the factors
affecting the planning adjustment, and must ensure the continuity.
4. Persons competent to approve
urban water supply planning blueprints shall approve the adjusted urban water
supply planning blueprints.
Chapter
III
WATER SUPPLY DEVELOPMENT
INVESTMENT
Article 29.
Selection of water supply units
1. A water supply unit may
select or be selected as investor in one, a number or all of items of a water
supply system ranging from exploitation, water treatment plant, grade-I or
grade-II networks to grade-Ill networks, for clean water wholesale or retail.
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3. For areas where water supply
units providing water supply services are not available, the selection of water
supply units for investment in the construction of water supply systems and
clean water business in the areas is carried out in accordance with legal
provisions on bidding and under specific conditions of each locality.
4. Water supply source works
identified in the water supply plannings approved by competent state
bodies are publicized for investment calling and bidding to select investors in
accordance with law. Investment in a water supply source work is divided into
different phases; the water supply unit that has invested in construction in
the previous phase can be considered and appointed as investor in the
subsequent phase if meeting the capability conditions and having rational
techno-economic proposals.
5. Organizations and individuals
are encouraged to take the initiative in studying and registering as investors
in investment projects on water supply development.
6. Competence to select water
supply units:
a/ Peoples Committees of cities,
towns or townships in urban centers, commune Peoples Committees in rural areas
(below referred to as Peoples Committees for short) and industrial park
management boards shall organize the selection of water supply units in areas
under their respective management; if a water supply work is of regional scale
in a province, the Peoples Committee that manages localities in the water
supply region covered by that work shall organize the Selection of a water
supply unit, with participation of localities in the water supply region;
b/ The Construction Ministry
shall organize the selection of water supply units for water supply works in
urban centers or industrial parks, which are of inter-provincial water supply
scale, with participation of relevant provinces;
c/ The Ministry of Agriculture
and Rural Development shall organize the selection of water supply units for
rural water supply works of inter-provincial scale, with participation of
relevant provinces.
Article 30.
Investment incentives, preferences and support
1. Economic sectors are
encouraged to invest in water supply development.
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a/ To set up the water supply
rotation fund managed by the Vietnam Development Bank with a view to creating
available preferential financial sources for investment projects on water
supply development in small urban centers and concentrated population quarters;
b/ The Finance Ministry shall
coordinate with the Construction Ministry and the Ministry of Agriculture and
Rural Development in studying and submitting to the Prime Minister for decision
and promulgation an operation mechanism applicable to the water supply rotation
fund.
3. Water supply construction
investment projects are eligible for the State supports as follows:
a/ Investment in construction of
infrastructures outside the fences such as power supply facilities, roads;
b/ Expenses for ground clearance
compensation upon execution of water supply projects in urban centers;
c/ Expenses for ground clearance
compensation and part of the expenses for investment in construction of works
upon the execution of water supply projects for regions meeting with
exceptional difficulties in water sources, regions inhabited by ethnic minority
people, mountainous regions and islands;
d/ Priority in the use of
preferential financial sources for water supply investment projects, regardless
of users;
dd/ Priority in terms of
the post-investment interest rate supports for water supply projects financed
by commercial loan capital;
e/ Exemption of land use levies.
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Article 31.
Agreements on provision of water supply services
1. Agreements on provision of
water supply services are legal documents concluded between Peoples Committees or
authorized agencies and water supply units providing water supply services in
the areas.
2. An agreement on provision of
water supply services has the following fundamental details:
a/ The area supplied with water;
b/ The water supply development
planning orientations;
c/ The projected financial
sources for implementation of the water supply development plan;
d/ The water supply charges, the
roadmap and principles for its adjustment;
e/ Service conditions (water
quality, pressure, flow and continuity), roadmap for improvement of service
conditions;
f/ Obligations and rights of the
involved parties.
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1. A water supply unit may cover
one or a lot of water supply service areas, each of which is provided with
water supply services by only one water supply unit.
2. Water supply service areas
are determined based on water supply demands, managerial and financial
capabilities of water supply units, water sources and other techno-economic
factors.
3. Water supply units are
obliged to ensure water-using customers connections to water supply networks in
their respective service areas, balancing the water use demands for different
purposes.
4. Water supply service areas
are adjusted upon requirements.
Article 33.
Water supply development plans
1. A water supply development
plan covers investment solutions and schemes, specific jobs to be done in order
to incrementally increase the service coverage and improve service quality
conditions in water supply service areas.
2. Water supply development
plans must conform to the approved construction plannings and water
supply plannings
and ensure the coordination with relevant localities.
3. Water supply units are
obliged to formulate and submit to the Peoples Committees that have signed with
them agreements on water supply service provision for approval annual and
long-term water supply development plans in their respective service areas.
Article 34.
Investment compatible with water supply development plannings and plans
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2. Investment in development of
networks of distribution and connections to water using customers rests with
water supply units once the water supply development plans were approved by
competent authorities.
Article 35.
Investment phasing and scaling
The investment phasing and
scaling of water supply works must suit the practical conditions and anticipate
the socio-economic development plannings, construction plannings, water supply plannings
within 5 years from the time the works are expected to be commissioned with a
view to promoting investment efficiency.
Article 36.
Transfer of water supply service business rights
The transfer of part or all of
water supply service business rights of a water supply unit to other
organizations or individuals must be approved by the Peoples Committees or
their authorized bodies, that have signed agreements on water supply service
provision with that water supply unit.
Article 37.
Management of water supply work construction quality
1. The management of water
supply work construction quality shall comply with legal provisions on
construction.
2. Large-scale water supply
works of important significance must be inspected and certified for
compatibility with construction work quality in accordance with the provisions
of law on construction before they are commissioned.
Article 38.
Investment projects on construction of water supply works
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2. When studying the formulation
of investment projects on construction of water supply works in areas where
concentrated water supply systems are not available or areas where already
exist concentrated water supply systems, which substantially alter the service
quality conditions and clean water supply charge rates, consultancy
organizations must:
a/ Conduct sociological
investigations and surveys and public polling in order to assess the actual
living standards, capabilities and readiness for connections and performance of
obligations to pay water supply charges of the people in the areas covered by
the projects; at the same time, notify them of information on the projects, the
quality of services provided to them once the projects are completed, so that they
participate in the process of making decisions and supervise the
implementation;
b/ Examine the selection of
technical and technological options and capacity and determine the total
investment of the projects in their comprehensive relations with management and
operation costs in order to ensure the overall economic efficiency of the
projects;
c/ Calculate clean water charge
options suitable to specific conditions of capital sources of the projects;
d/ Draft agreements on water
supply service provision or supplements or amendments to the water supply
service-providing agreements already concluded between Peoples Committees and
water supply units.
3. Investment projects on
construction of water supply works of a capacity of 30,000 m3/day or more each,
for urban centers of special grade, or 10,000 m3/day or more each, for other
urban centers, must be consented in writing by the Construction Ministry before
they are submitted to competent authorities for approval.
Chapter IV
CONNECTIONS AND WATER
SUPPLY SERVICE CONTRACTS
Section 1.
CONNECTIONS
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1. Water supply units must
establish points of connection to water supply networks for water-using
customers; the connection points must be situated close to the land use
boundary markers or the foot of fence wall of customers works when conditions
permit.
2. Where water-using customers
stay far away from distribution pipelines and outside the service areas of
water supply units, the two parties must reach agreement in order to ensure the
business interests of the water supply units.
Article 40.
Service quality at connection points
1. The service quality at
connection points with regard to clean water used for the purpose of daily-life
activities covers the water quality, pressure, flow and continuity of services,
which must be compatible with the technical standards promulgated by competent
state bodies.
2. The service quality at
connection points with regard to clean water used for other purposes shall be
agreed upon between water supply units and their customers.
Article 41.
Water meter installation points
1. Water meter installation
points can be located before, at or behind the customers points of connection
to water supply networks, ensuring convenience for the installation,
management, figure reading and protection of water meters.
2. The water meter installation
points are agreed upon between water supply units and their customers.
Article 42.
Connection agreements
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2. Water-using customers being
households, that have agreed to connect to water supply networks of water
supply units but do not use water or use water less than 4m3/household/month
are obliged to pay, and the water supply units are entitled to collect, water
supply charges according to the prescribed minimum water-using volume of
4m3/household/month, except for cases of suspension of water supply services
specified at Point 1, Article 45 of this Decree. The provisions on the minimum
water using volume must be notified to households in the course of consulting
and gathering opinions of communities and stated in water supply service
contracts concluded between water supply units and households.
3. Water supply units have the
responsibility for comprehensive investment up to the points of connection with
customers, including water meters. Where water meters are installed behind the
identified connection points, the expenses for supply and installation from the
connection points to the water meter installation points are paid by
water-using customers after reaching agreement with water supply units.
4. Water-using customers are
allowed to install and responsible for water supply equipment behind the
connection points and behind water meters. Such equipment must be designed and
installed in compatibility with equipment of water supply units, ensuring safety
and causing no risks to the equipment of water supply units.
5. Water-using customers with
connections to water supply networks of water supply units permit
representatives of such units to inspect the types, conditions and operation of
the equipment, which have been or will be installed into water supply networks
of the water supply units. The inspection must be conducted in a way, which
causes less inconvenience for water-using customers.
6. The design, installation,
maintenance, use and inspection of customers equipment connected to water
supply units networks must comply with the technical standards and norms as
well as the terms of water supply service contracts.
Article 43.
Connection exemption
Connection to water supply
networks will be exempt in the following cases:
1. It may cause irrational
expense burdens for customers due to the minimum water use demand or other
special reasons.
2. The connection is exempt for
works with available internal water supply systems where the exploitation and use
of water resources and the quality of supplied water comply with provisions of
law. The exemption is valid until such water supply systems fail to comply with
legal provisions on exploitation and use of water resources and quality of
supplied water.
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Article 44.
Water supply service contracts
1. Water supply service
contracts are legal documents concluded between water supply units and
water-using customers.
2. A water supply service
contract has the following principal details:
a/ The contracting subjects;
b/ The use purpose;
c/ The service standards and
quality;
d/ The rights and obligations of
the contractual parties;
dd/ The water supply
charges, payment mode and time limit;
e/ Conditions for termination of
contract;
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h/ Other contents agreed upon by
the two parties.
3. Water supply service
contracts between water supply wholesalers and water supply retailers must be
considered and approved in writing by the Peoples Committees that have
concluded water supply service provision agreements with water supply
retailers.
Article 45.
Water supply service suspension, cessation
1. Water supply service
suspension
Water supply units shall suspend
water supply services if it is so requested by water-using customers for such
plausible reasons as absence, suspension of production and business for given
periods of time but not terminate water supply service contracts.
2. Water supply service
cessation
a/ For water-using customers
being households using water for daily-life activities:
Five weeks after they send
notices to water-using customers on the water supply service cessation, water
supply units may cease the provision of water supply services from the
connection points if customers fail to pay water charges, breach the terms of
water supply service contracts;
Ten weeks after the issuance of
notices on water supply service cessation, if water-using customers fail to
fulfill their payment obligations for objective reasons already notified in
advance to water supply units, the water supply service cessation will be
effected.
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Fifteen working days after the
issuance of water supply service cessation notices to water-using customers,
water supply units may cease the provision of water supply services from the
connection points if water-using customers fail to pay water charges, breach
the terms of water supply service contracts.
Article 46.
Termination of contracts
1. Either contractual party may
terminate water supply service contracts when the other party fails to strictly
comply with the contractual terms or customers have no demands for water use.
2. Water supply service
contracts will be restored or re-concluded after all disputes between the two
parties have been settled.
Article 47.
Errors and damage compensation
1. Errors in water supply
services are committed when the water quality, the water supply modes or the
services of water supply units fail to satisfy the terms of water supply
service contracts.
2. Water supply units shall pay
compensation for damage caused to water-using customers due to their errors in
the course of providing services at variance with the terms of water supply
service contracts. Water-using customers complaints must be addressed to water supply
units within 10 days after the detection of errors. Water supply units shall
consider and settle complaints within 15 days after the receipt of water-using
customers complaints.
Article 48.
Water charge payment
1. Water-using customers shall pay
in full and on time the water charge amounts stated in bills to water supply
units. The payment modes, forms and venues are agreed upon by the two parties
in water supply service contracts.
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3. Water supply units that
collect excessive water charges shall return the excessive amounts to
water-using customers, including the interests on the excessively collected
amounts if the money return is made one month after the time the water charges
are collected in excess.
4. The interests on late-paid
amounts or excessively collected sums are agreed upon by the parties in service
contracts but must not exceed the highest lending interests of the banks where
water supply units opened their accounts as stated in the water supply service
contracts at the time of payment.
5. Water-using customers may
request water supply units to re-examine the payable water charges. Upon
receipt of customers requests, water supply units shall settle them within 15
working days. If disagreeing with the settlement by water supply units,
water-using customers may request competent agencies or organizations to
organize the conciliation. In case of non-request for conciliation or failed
conciliation, water-using customers may initiate lawsuits at court according to
provisions of law on civil procedures. Pending the settlement, water-using
customers shall still pay water charges and water supply units must not stop
providing water supply services.
Article 49.
Water measurement
1. Water supply units shall
invest in and install all water-measuring equipment and other support
facilities, unless otherwise agreed upon by the parties.
2. Water-measuring equipment
must be compatible with Vietnamese standards and be checked and sealed by
measurement state management bodies.
3. Water supply units shall
organize the periodical recording of correct figures indicated by water meters
and notify them to water-using customers, who may inspect and supervise the
recording of water meters figures by water supply units.
4. Water-using customers shall
protect water meters installed in areas under their respective management and
promptly notify water supply units of the meter loss or damage upon the
detection thereof. Water supply units shall protect water meters installed
outside areas managed by water-using customers.
Article 50.
Examination of water-measuring equipment
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2. Water supply units shall
organize the examination of water-measuring equipment according to the
requirements and time limits set by measurement state management bodies.
3. When doubting that
water-measuring equipment are inaccurate, water-using customers may request
water supply units to check them. Within 5 working days after the receipt of
customers requests, water supply units must examine and complete the repair or
replacement of water-measuring equipment. If disagreeing with the results of
examination, repair or replacement by water supply units, water-using customers
may request local water supply state management bodies to organize independent
examinations. Within 15 working days after the receipt of customers requests,
local water supply state management bodies shall organize the examination.
4. Expenses for examination of
water-measuring equipment under the provisions of Clause 3 of this Article are
paid as follows:
a/ If independent examination
organizations determine that the water-measuring equipment operate in
accordance with Vietnamese standards, water-using customers shall pay the
examination charges;
b/ If independent examination
organizations determine that the water-measuring equipment operate not in
accordance with Vietnamese standards, water supply units shall pay the
examination charges.
5. If independent examination
organizations determine that the figures indicated by water meters exceed the
actually used water volumes, the water supply units shall refund the
excessively collected charge amounts to water-using customers.
Chapter V
CLEAN WATER PRICES
Article 51.
Principles for calculation of water prices
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2. Ensuring the rights to
self-decision on water purchase and sale prices within the price brackets set
by the State.
3. Clean water prices must
ensure that water supply units can maintain, develop and raise the quality of
services and contribute to the thrifty use of water, taking into account
support for the poor.
4. Clean water prices are
determined in suitability to water sources, water production conditions of each
region, each locality, each zone.
5. Clean water prices are
determined regardless of users being domestic or foreign organizations or
individuals.
6. Implementing the mechanism of
reasonable price subsidies between groups of customers with different use
purposes, gradually reducing and proceeding to eliminate the cross-subsidy
between prices of water used for daily-life activities and prices of water used
for other purposes, contributing to boosting production and increasing the
competitiveness of water supply units.
7. Local administrations at all levels,
organizations and individuals engaged in water supply activities must work out
programs against the loss of water and water charges, adopt contracting and
rewarding mechanisms while setting the maximum levels of water and water charge
loss eligible for inclusion into production costs so as to encourage water
supply units to operate with efficiency.
8. If the decided clean water
prices are lower than the accurately and fully calculated prices of clean
water, provincial-level Peoples Committees shall annually consider and allocate
the deficit amounts from local budgets in order to ensure the lawful rights and
interests of water supply units.
9. The Finance Ministry shall
assume the prime responsibility for, and coordinate with the Construction
Ministry and the Ministry of Agriculture and Rural Development in, guiding the
principles and methods of determining clean water consumption prices.
Article 52.
Grounds for formulation and adjustment of water prices
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2. The socio-economic
development conditions of the country and regions and peoples incomes in each
period.
3. The clean water supply-demand
relationship.
4. Clean water production and
business costs and reasonal
profits of water-supply units.
5. The changes in water-treating
technology, service quality standards, fluctuations in market prices and state
policies.
Article 53.
Formulation and submission of water price schemes
Pursuant to the provisions of
Article 52 of this Decree and the guidance of the Finance Ministry, the
Construction Ministry and the Ministry of Agriculture and Rural Development,
water supply units shall formulate clean water consumption price schemes
according to identified water supply service areas, reach agreement with the
signatories to water supply service provision agreements and submit them to
provincial-level Peoples Committees for consideration and decision.
Article 54.
Competence to decide on water prices
1. The Finance Minister shall
promulgate the daily-life clean water price bracket for application nationwide.
2. Provincial-level Peoples
Committees shall approve water price schemes and promulgate clean water price
brackets in their respective localities, suitable to the price bracket
promulgated by the Finance Minister.
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4. Clean water wholesale prices
are agreed upon by water supply wholesale units and water supply retail units;
in case of failure to reach agreement, either party (or both parties) may
request the organization of negotiations on prices according to law.
Chapter VI
RIGHTS AND OBLIGATIONS
OF WATER SUPPLY UNITS AND WATER-USING CUSTOMERS
Article 55.
Rights and obligations of water supply units
1. Water supply units have the
following rights:
a/ To do business in water
supply according to regulations, to be allowed to enter water-using customers
premises for the maintenance, repair and replacement of water supply equipment,
water pipelines and water meters;
b/ To request competent state
agencies to amend and supplement norms and technical standards related to water
supply activities;
c/ To contribute opinions to the
formulation of water supply plannings
in localities;
d/ To be compensated for damage
caused by water-using customers in accordance with law;
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2. Water supply units have the
following obligations:
a/ To comply with the process
and regulations on operation of water supply systems;
b/ To handle incidents and
restore the water supply;
c/ To comply with legal
provisions on water resources and environmental protection;
d/ To invest in the installation
of pipelines to the connection points, including water meters, for water-using
customers, except otherwise agreed upon;
dd/ To protect water
source safety, build up hygiene protection zones for water outlets, water
supply works systems according to regulations;
e/ To provide water supply
services to customers, meeting the norms and technical standards of service
quality according to regulations;
g/ To send extraordinary reports
upon request and periodical reports according to regulations to local
administrations and central and local water supply state management bodies;
h/ To pay compensation for
damage they have caused to water-using customers according to law;
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Article 56.
Rights and obligations of water- using customers
1. Water-using customers have
the following rights:
a/ To be adequately and timely
supplied with water and be assured of service quality stated in contracts;
b/ To request water supply units
to promptly restore the water supply upon the occurrence of incidents;
c/ To be supplied with or
briefed on information on water supply activities;
d/ To be compensated for damage
caused by water supply units under the provisions of law;
dd/ To request water
supply units to inspect the service quality, the accuracy of water-measuring
equipment and the payable water charges;
e/ To complain about or denounce
violations of the law on water supply committed by water supply units or
involved parties;
g/ Other rights provided for by
law.
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a/ To pay water charges in full
and on time and to fulfill other agreements-in water supply service contracts;
b/ To use water thriftily;
c/ To promptly notify water
supply units of detected abnormal signs of possible water supply failure,
impacts on service quality or unsafety
to humans and property;
d/ To create conditions for
water supply units to examine and record figures indicated by water meters;
dd/ To ensure that their
water-using equipment meet the norms and technical standards and suit the
technical properties of equipment of water supply units;
e/ To pay compensation for
damage they have caused to water supply units and relevant organizations or
individuals under the provisions of law;
g/ Other obligations provided
for by law.
Chapter
VII
ASSURANCE OF WATER
SUPPLY SAFETY
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1. Administrations at all
levels, organizations and individuals shall coordinate with water supply units
in protecting safety for the water supply systems in their localities.
2. Water supply units have the
tasks to organize forces to protect safety for the water supply systems under
their respective management.
3. Organizations and individuals
wishing to visit or study water supply works must be permitted by water supply
units.
Article 58.
Stabilization of water supply services
1. Water supply units have the
tasks to organize the safe production and the stable provision of water supply
services for water-using customers in terms of water quality, pressure, flow
and continuity in accordance with technical standards and signed water supply
service contracts.
2. Upon the occurrence of
incidents on water supply systems:
a/ Water supply units shall promptly
notify water-using customers thereof so that the latter take measures to
reserve water during the restoration of water supply services;
b/ Water supply units shall
promptly notify traffic management agencies and may take the initiative in
addressing the incidents in order to ensure water supply safety and, at the
same time, ensure traffic safety at places where the incidents occur and
restore the ground according to regulations;
c/ If the incident-addressing
duration prolongs, water supply units shall coordinate with local
administrations in applying measures to temporarily supply water, meeting the
minimum daily-life demand of people in affected areas.
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Fireplug systems must be
installed according to regulations. Fireplugs must be always supplied with
water with minimum pressure calculated according to pipeline networks.
Fire-fighting forces shall manage fireplug systems and pay for the actually
used water volume to water supply units.
Chapter
VIII
STATE MANAGEMENT OF WATER
SUPPLY
Article
60.- Responsibilities for state management of water supply
1. The Government shall perform
the unified state management of water supply activities in the Vietnamese
territory; promulgate and direct the implementation of strategies and orientations
for water supply development at the national level.
2. The Construction Ministry
shall perform the function of state management of water supply activities in
urban centers and industrial parks nationwide:
a/ To study and formulate
mechanisms and policies on water supply in urban centers and industrial parks
and submit them to the Government or the Prime Minister for promulgation or
promulgate them according to its competence;
b/ To formulate and submit to
the Prime Minister for promulgation and organize the implementation of programs
and plans on development of water supply in urban centers and industrial parks
at the national level;
c/ To promulgate regulations,
standards, econo-technical
norms on water supply in urban centers and industrial parks;
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3. The Ministry of Agriculture
and Rural Development shall perform the function of state management of water
supply activities in rural areas:
a/ To study and formulate rural
water supply mechanisms and policies and submit them to the Government or the
Prime Minister for promulgation or promulgate them according to competence;
b/ To formulate and submit to
the Prime Minister for promulgation and organize the implementation of national
programs on rural water supply;
c/ To promulgate regulations,
standards and techno-economic norms on rural water supply;
d/ To guide, direct and inspect
rural water supply activities nationwide.
4. The Health Ministry shall
perform the function of state management of community health, promulgate
standards of clean water used for daily-life activities, organize the
inspection and supervision of the realization of clean water standards
nationwide. .
5. The Ministry of Planning and
Investment:
a/ To study and formulate
mechanisms and policies to encourage and mobilize domestic and foreign
investment capital sources for water supply works;
b/ To act as coordinator in
mobilizing official development assistance (ODA) capital sources for in vestment
in water supply development in the order of priorities already approved by the
Prime Minister.
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a/ To perform the unified
financial management of the ODA capital sources for investment in water supply
development;
b/ To coordinate with the
Construction Ministry, the Ministry of Agriculture and Rural Development in
guiding the principles and methods of determining clean water consumption
prices, promulgate clean water price brackets and organize the examination and
supervision of their implementation nationwide.
7. Ministries, ministerial-
level agencies shall, within the ambit of their tasks and powers, coordinate
with the Construction Ministry and the Ministry of Agriculture and Rural
Development in performing the state management of water supply activities.
8. Provincial-level Peoples
Committees shall, within the ambit of their tasks and powers, perform the state
management of water supply activities in geographical areas under their
management; define the functions and tasks of, and decentralize the management
of water supply activities to, professional bodies and subordinate Peoples
Committees. Construction Services of provinces and Communications and Public
Works Services of centrally run cities shall act as professional advisory
bodies, assisting provincial-level Peoples Committees in performing the state
management of urban and industrial-park water supply; provincial/municipal
Services of Agriculture and Rural Development act as professional advisory
bodies, assisting provincial-level Peoples Committees in performing the state
management of rural water supply in their localities.
9. Peoples Committees of all
levels shall organize and develop water supply services to satisfy various
demands in their localities, in compatibility with the community development,
and participate in the common regional plannings on water
supply; upon the appearance of demand for water supply, Peoples Committees at
all levels must apply appropriate measures to select or newly set up water
supply units, support, facilitate and supervise the materialization of water
supply service provision agreements of water supply units in areas under their
management, ensuring adequate water supply services and meeting communities
demands for water use.
Article 61.
Inspection and examination
1. Construction specialized
inspectorates shall conduct specialized inspection of urban and industrial park
water supply.
2. Agriculture and rural
development specialized inspectorates shall conduct specialized inspection of
rural water supply.
3. Contents: Inspecting and
examining the observance of law on water supply; detecting, preventing and
handling according to competence or proposing competent bodies to handle
violations of law on water supply; proposing measures to ensure the
implementation of law on water supply.
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Article 62.
Settlement of complaints and denunciations
1. Organizations and individuals
have the rights to complain about or denounce violations of law in water supply
activities.
2. The settlement of complaints
about, and denunciations of, violations of law in water supply activities
complies with the law on complaints and denunciations.
3. During the time of complaint,
denunciation or lawsuit, organizations and individuals shall still abide by
administrative decisions of competent state management bodies in charge of
water supply. Upon the issuance of decisions on settlement of complaints or
denunciations in water supply activities by competent state management bodies
or effective court rulings, such decisions and rulings shall be complied with.
Article 63.
Handling of violations
1. Organizations and individuals
shall detect, prevent and propose the timely handling of violations of law in
water supply activities.
2. Organizations or individuals
that commit prohibited acts in water supply activities defined in Article 10 of
this Decree shall, depending on the nature and severity of their violations, be
administratively handled or examined for penal liability according to law.
3. If violations of law in water
supply activities cause damage to the interests of the State, the lawful rights
and interests of organizations or individuals, violators shall pay compensation
therfor.
Chapter IX
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Article 64.
Transitional matters
1. The Finance Ministry shall
assume the prime responsibility for, and coordinate with relevant ministries
and branches in:
a/ Guiding and directing the
final settlement and property assessment for invested water supply works;
b/ Studying and submitting to
the Prime Minister schemes on valuation of amortized properties for inclusion
in the production costs and measures to handle the remaining property value of
invested water supply works.
2. Provincial/municipal Peoples
Committees shall:
a/ Direct the transfer of
concentrated water supply works in district towns in their localities, which
have been invested with sources of state capital allocated to state enterprises
engaged in water supply activities under the provincial management;
b/ Direct and organize the final
settlement, property valuation of water supply works constructed with
investment by state enterprises under their management, valuation of property
assigned as capital to enterprises according to guidance of the Finance
Ministry;
c/ Organize and direct local
administrations at all levels under the provincial management to sign
agreements on water supply service provision in localities with water supply units
according to the provisions of Articles 29 and 31.
3. The jobs defined in Clauses 1
and 2 of this Article must be completed within 12 months after the effective
date of this Decree.
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This Decree takes effect 15 days
after its publication in CONG BAO.
Article 66.
Organization of implementation
1. The Construction Minister
shall coordinate with relevant ministries and branches in guiding the
implementation of this Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, presidents
of provincial/municipal Peoples Committees, and relevant organizations and
individuals shall implement this Decree.
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung