THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
67/2003/ND-CP
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Hanoi, June 13, 2003
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DECREE
ON ENVIRONMENTAL PROTECTION CHARGES FOR WASTE
WATER
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of December 25, 2001;
Pursuant to the Law on Environmental Protection of December 27, 1993;
Pursuant to the Law on Water Resource of May 20, 1998;
Pursuant to the Ordinance on Charges and Fees of August 28, 2001;
In order to limit the environmental pollution caused by waste water, to
economically use clean water and create the funding source for the
Environmental Protection Fund in protecting the environment and addressing the
environmental pollution,
At the proposal of the Finance Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- 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.
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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 industrial 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.- Organizations
and households discharging waste water defined in Article 2 of this Decree are
liable to pay the environmental protection charges for waste water.
Article 4.- 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 power plants;
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.
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Chapter
II
RATES OF THE ENVIRONMENTAL PROTECTION CHARGES FOR WASTE WATER, THE
REGIME OF COLLECTION, REMITTANCE, MANAGEMENT AND USE THEREOF
Article 6.- Rates
of environmental protection charges for waste water are prescribed as follows:
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 charge rate shall be determined for each water user and based on
the average clean water use volume per head in the commune or ward where water
is exploited, and on the average supply price of 1m3 of clean water in the
locality.
2. The environmental protection charge rates
applicable to industrial waste water and calculated for each pollutant are
prescribed as follows:
Ordinal
number
POLLUTANTS
IN WASTE WATER
CHARGE RATES
(VND/kg of pollutants found in waste water)
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Symbols
Minimum
Maximum
1
Bio-chemical oxygen demand
ABOD
100
300
2
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ACOD
100
300
3
Suspended solids
ATSS
200
400
4
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AHg
10,000,000
20,000,000
5
Lead
APb
300,000
500,000
6
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AAs
600,000
1,000,000
7
Cadmium
ACd
600,000
1,000,000
Article 7.-
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2. Basing itself on the bracket of the
environmental protection charge rates for industrial waste water prescribed in
Clause 2, Article 6 of this Decree, the Finance Ministry shall coordinate with
the Ministry of Natural Resources and Environment in prescribing specific
environmental protection charge rate for each pollutant in industrial waste
water to suit each environment into which waste water is discharged and each
business line; and guide the calculation of environmental protection charge
amounts for industrial waste water to be paid by charge payers.
Article 8.- 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 periodical or extraordinary examination of
industrial waste water from the second time on.
2. The remainder shall be remitted into the
State budget and distributed to the State budget levels as follows:
a/ The central budget shall enjoy 50% thereof,
which shall be added to operation capital of Vietnam Environmental Protection
Fund under the Prime Minister's Decision No. 82/2002/QD-TTg of June 26, 2002 on
the establishment, organization and operation of Vietnam Environmental
Protection Fund.
b/ The local budgets shall enjoy 50% thereof,
which shall be used for environmental protection, new investment projects,
sewerage dredging, regular repair and maintenance of local water drainage
systems.
3. The Finance Ministry shall guide in detail
the management and use of the collected environmental protection charge for
waste water prescribed in this Article.
Article 9.- The expenses for assessment and first-time
collection of waste water samples for analysis in service of the calculation of
environmental protection charge amounts for industrial waste water shall be
covered by State budget.
The Ministry of Natural Resources and
Environment shall prescribe the assessment and first-time collection of waste
water samples for analysis in service of the calculation of payable
environmental protection charge amounts.
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1. Payers of environmental protection charges
for daily-life waste water are obliged to pay environmental protection charge
amounts for waste water fully and on time to the clean water supply units.
Monthly, clean water supply units shall have to remit the collected 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 8 of
this Decree.
2. Payers of environmental protection charge for
industrial waste water are obliged to:
a/ Declare payable charge amounts on a quarter
basis with the provincial/municipal Services of Natural Resources and
Environment of localities where waste water is discharged in compliance with
the regulations and an accurate manner;
b/ Remit fully and on time remittable charge
amounts into the account of environmental protection charge for waste water at
the local State Treasury offices according to notices;
c/ Make annual settlements of payable charge
amounts with the provincial/municipal Services of Natural Resources and
Environment.
Article 11.- The provincial/municipal Services of Natural
Resources and Environment shall have to examine the written declarations of
environmental protection charge for industrial waste water, issue notices of
payable charge amounts, organize the collection and remittance of charge
amounts into the State budget, and make the final settlement of environmental
protection charge amounts for industrial waste water paid by charge payers.
Article 12.- Within 60 days from January 1st of each
calendar year, the clean water supply units and the provincial/municipal
Services of Natural Resources and Environment shall have to make the final
settlement of the collection, remittance, management and use of charge amounts
collected in their localities in the preceding year with the tax offices
according to the prescribed regime.
Article 13.- Tax offices shall have to 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 provincial/municipal Services of Natural Resources and
Environment.
Chapter
III
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Article 14.- Complaints and denunciations about the
collection, remittance, management and use of the environmental protection
charges for waste water prescribed in this Decree and the settlement thereof
shall be made in compliance with the provisions of the legislation on
complaints and denunciations as well as the legislation on fees and charges.
Article 15.- Payers of environmental protection charges for
waste water, that violate the provisions of this Decree, shall be handled
according to the provisions of the legislation on fees and charges. If they
also violate the provisions of the legislation on environmental protection and
the legislation on water resource, they shall also be handled according to the
provisions of those legislations.
Article 16.- This Decree shall take effect as from January
1, 2004.
Article 17.- The Finance Ministry shall assume the prime
responsibility and coordinate with the Ministry of Natural Resources and
Environment in guiding the implementation of this Decree.
Article 18.- The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People's Committees of the provinces or
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai