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GOVERNMENT OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 346/2025/ND-CP
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Hanoi, December 29, 2025
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DECREE
ON ENVIRONMENTAL PROTECTION FEES
ON WASTEWATER
Pursuant
to the Law on Government Organization No. 63/2025/QH15;
Pursuant
to the Law on Fees and Charges No. 97/2015/QH13;
Pursuant
to the Law on State Budget No. 89/2025/QH15;
Pursuant
to the Law on Environmental Protection No. 72/2020/QH14;
At the
request of the Minister of Finance;
The
Government promulgates the Decree on environmental protection fees on
wastewater.
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GENERAL
REGULATIONS
Article 1. Scope and regulated entities
1. This Decree
regulates the payers, collectors, cases of fee exemption, fee rates,
determination of payable fees, declaration, collection, payment, management and
use of environmental protection fees on wastewater.
2. This
Decree applies to wastewater upon which fees are charged, payers, collectors of
environmental protection fees on wastewater; and state authorities,
organizations and individuals related to the collection, payment, management
and use of environmental protection fees on wastewater.
Article 2. Wastewater upon which fees are charged
The
environmental protection fees in this Decree are charged upon industrial
wastewater and domestic wastewater, except for cases where the water drainage
service has been charged in accordance with laws on prices, water drainage and
wastewater treatment, and cases subject to fee exemption in accordance with
Article 5 of this Decree. To be specific:
1. The
environmental protection fees are charged upon industrial wastewater from
production, business, service establishments; centralized production, business,
service zones; and industrial clusters (hereinafter referred to as
“establishments”) discharged into water bodies in accordance with laws on
environmental protection, except for domestic wastewater upon which fees are charged
as prescribed in point 2 of this Article.
2.
Domestic wastewater upon which environmental protection fees are charged
includes:
a)
Domestic wastewater and wastewater from establishments under the list of
business and service types producing wastewater that are treated as domestic
wastewater (hereinafter referred to as “domestic wastewater”) in accordance
with the National technical regulations on domestic wastewater, wastewater in
urban areas and residential areas issued by the Ministry of Agriculture and
Environment.
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Article 3. Collectors
Collectors
of environmental protection fees on wastewater include:
1.
Province- and commune-level state authorities responsible for management of
environment in accordance with laws on environment shall collect fees as
prescribed in clause 1, Article 2 of this Decree.
Based on
the actual management situation, province-level People’s Committees shall
decide the authorities collecting environmental protection fees on industrial
wastewater from establishments within provinces as prescribed in this clause.
2. Clean
water suppliers shall collect fees as prescribed in clause 2, Article 2 of this
Decree.
Article 4. Payers
Organizations,
households and individuals discharging wastewater as prescribed in Article 2 of
this Decree shall pay environmental protection fees on wastewater.
Article 5. Cases of fee exemption
Environmental
protection fees on wastewater shall not be charged upon:
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2.
Wastewater from seawater used for salt production.
3.
Domestic wastewater of organizations, households and individuals in extremely
disadvantaged communes as prescribed by investment laws; domestic wastewater of
organizations (except for establishments generating an average annual
wastewater volume of 20 m3/day (equivalent to 7.300 m3/year)
or more), households and individuals living in areas without clean water supply
systems or using self-extracted water.
4. Heat
exchange water as prescribed by environmental protection laws.
5.
Wastewater from natural rainwater runoff.
6.
Wastewater from fishing vessels.
7.
Wastewater from centralized urban wastewater treatment systems as prescribed by
laws on drainage and wastewater treatment; and wastewater from drainage and
treatment systems of high-rise apartment complexes, apartment clusters and
residential areas as prescribed by environmental protection laws.
8.
Wastewater from mineral exploitation activities as prescribed by geology and
mineral laws.
9.
Wastewater from production and processing activities of establishments that is
reused in accordance with environmental protection laws.
10.
Wastewater from aquaculture activities.
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FEE RATES
AND DETERMINATION OF PAYABLE FEES
Article 6. Fee rates and determination of payable fees for
domestic wastewater
1.
Environmental protection fee rate on domestic wastewater:
The environmental
protection fee rate on domestic wastewater is 10% of the selling price of 01 m3
of clean water excluding value-added tax (VAT). In cases where a higher fee
rate is required, province-level People’s Councils shall decide a higher fee
rate for each type of wastewater upon which fees are charged.
2.
Determination of the environmental protection fee payable for domestic
wastewater:
Payable fee (VND)
=
Volume of used clean water (m3)
x
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x Fee rate
Where:
a) The
volume of used clean water is determined based on the water flow meter of the
fee payer.
b) The
selling price of clean water is the domestic water selling price (excluding
VAT) issued by province-level People’s Committees.
c) The
fee rate shall comply with clause 1 of this Article.
Article 7. Fee rates and determination of payable fees for
industrial wastewater
1. In
cases where an establishment is not subject to monitoring as prescribed in
environmental protection laws and does not conduct self-monitoring for
determination of fees, the fee rate and payable fee for the quarter shall be
determined by the following formula:
Fq = Lq x
1.700
Where:
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b) Lq is
the total volume of wastewater for the quarter subject to the fee (m3)
that is determined based on the actual results from the outflow flow meter in
accordance with environmental protection laws.
c) 1.700
is the fee rate per 01 m3 of wastewater (VND/m3).
2. In
cases where the establishment conducts monitoring of pollution parameters in
wastewater to determine fees (including establishments that are not required by
environmental protection laws to conduct monitoring but voluntarily conducts
monitoring once a year to determine the annual fee, and establishments that are
required to conduct monitoring in accordance with environmental protection
laws), the fee rate and payable fee for the quarter are determined as follows
Fq = Lq x
C
Where:
a) Fq is
the fee payable for the quarter (VND).
b) Lq is the
total volume of wastewater for the quarter subject to the fee (m3) that is
determined based on the actual results from the outflow flow meter in
accordance with environmental protection laws.
c) C is the
total fee rate for all pollution parameters in the wastewater that are charged
(VND/m3) by the following formula:
C = Σ(Hi
x 0,001 x Pi)
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No.
Pollution Parameter
Fee Rate (VND/kg)
1
Chemical
Oxygen Demand (COD)
3.000
2
Total
Suspended Solids (TSS)
3.500
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Mercury
(Hg)
55.000.000
4
Lead
(Pb)
600.000
5
Arsenic
(As)
1.100.000
6
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2.800.000
3. Some
cases prescribed in clauses 1 and 2 of this Article are implemented as follows:
a) In
cases where an establishment is subject to monitoring but does not have
sufficient pollution parameters required for fee determination and does not voluntarily
conduct monitoring of the missing parameters, the default concentrations of the
missing parameters shall be applied according to the following table:
No.
Pollution Parameter
Default Concentration (Hi)
1
Chemical
Oxygen Demand (COD)
90
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Total Suspended
Solids (TSS)
80
3
Mercury
(Hg)
0,005
4
Lead
(Pb)
0,5
5
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0,25
6
Cadmium
(Cd)
0,1
b) Hi
shall be considered 0 (zero) in the following cases: the pollution parameter subject
to fee is not prescribed in the environmental license or component
environmental license (confirmed by the licensing authority as absent in the
wastewater); measurement results are below the limit of detection (LOD) or
below the limit of quantification (LOQ).
c) For
establishments subject to periodic wastewater monitoring under environmental
protection laws but lacking monitoring results during the fee determination
period, the data from the nearest monitoring period shall be used.
d) For
establishments subject to automatic, continuous wastewater monitoring, the
total wastewater volume and pollution parameter concentrations shall be
determined as the average of the three lowest and three highest data points
within the fee quarter.
dd) In
cases of force majeure that results in inability to determine the actual
results of the outflow flow meter and pollution parameter concentrations, the
wastewater volume during the force majeure period shall be determined as the
average discharge flow in the establishment’s environmental records multiplied
by the number of days without actual results, or as 80% of the water
consumption volume. The pollution parameter concentrations shall be determined
based on the default concentrations prescribed in point a of this clause.
e) In
cases where environmental inspection or measurement results of state
authorities responsible for management of environment differ from the
establishment’s monitoring results, the payable fee shall be determined based
on the most recent inspection or measurement results of state authorities (if
the enterprise does not calibrate the automatic, continuous monitoring system
for comparison or request an arbitration laboratory to verify periodic or
voluntary monitoring results).
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The
pollution parameter concentrations subject to fees shall be determined as the
actual difference between the pollution parameter concentration at the outflow
minus the concentration at the inflow.
The
inflow and outflow pollution parameter concentrations are determined based on
periodic or voluntary monitoring results (quarterly) as prescribed by environmental
protection laws to cover all fee-charged pollution parameters, and ensure that
the sampling times for inflow and outflow shall not differ by more than 120
minutes.
If the
actual difference between the outflow and inflow pollution parameter concentrations
is less than or equal to 0 (zero), the concentration difference shall be
considered 0 (zero) for fee determination.
Chapter III
COLLECTION,
TRANSFER, MANAGEMENT AND USE OF FEES
Article 8. Declaration, collection and transfer of fees
1.
Environmental protection fees on domestic wastewater:
a) Payers
shall pay environmental protection fees on domestic wastewater together with
their invoices for the use of clean water to clean water suppliers.
b)
Collectors shall keep separate accounting records for environmental protection
fees on domestic wastewater. These fees shall not be recorded as business
revenue but as amounts payable to the state budget.
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d)
Collectors shall declare fees in accordance with laws on tax administration,
and transfer the fees payable into the account for transfer of state budget.
dd)
Annually, collectors shall finalize the collected fees in accordance with laws
on tax administration.
e) The
State Treasury shall record the environmental protection fees on wastewater
transferred by collectors into the state budget in accordance with the laws.
2.
Environmental protection fees on industrial wastewater:
a) Quarterly,
by the 20 of the first month of the following quarter (except for the case
prescribed in point e of this clause), payers shall self-determine the payable
fee as prescribed in Article 7 of this Decree, pay the fees into the state
budget, or pay additional fees in accordance with the notification of
collectors within 10 days from the issuance of notification for cases
prescribed in point e, clause 3, Article 7 of this Decree by the method
prescribed in point b of this clause.
If an
establishment begins operation after March 31 of a year, the payer shall
determine and pay fees from the quarter that they start operating by the method
prescribed in point b of this clause.
b) Payers
shall pay the fees in person at the State Treasury, or via non-cash payment to
collectors’ accounts opened at a credit institution.
c)
Collectors shall notify payers of any outstanding fees or fees to be adjusted
downwards, and record these amounts in the payer’s payable fee for the next
payment period for cases prescribed in point e, clause 3, Article 7 of this
Decree.
d)
Quarterly, by the last day of the first month of the following quarter,
collectors shall declare and transfer all collected fees (including interest)
into the state in accordance with laws on tax administration.
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dd)
Annually, collectors shall finalize collected environmental protection fees on
wastewater within 90 days from January 1 of the following year in accordance
with laws on tax administration.
e) For
establishments under management of the police and national authorities (cases related
to national defense and security secrets): Quarterly, by the 20 of the first
month of the following quarter, payers shall self-determine the payable fees
and send them to relevant managing authorities. Managing authorities shall
notify collectors within 30 days from the receipt of the information from
establishments, and notify establishments to pay the fees within 10 days from
the issuance of the notification.
Article 9. Management and use of fees
1. Clean
water suppliers may retain 10% of the total collected fees to cover the costs
of collecting fees. If necessary, province-level People’s Councils may decide
the ratio that clean water suppliers may retain in accordance with the actual
local conditions and costs. The ratio shall not exceed 10%.
2. The
retained amount is considered revenue of clean water supplies. They shall
declare and pay taxes in accordance with laws on tax administration, and
independently decide the management and use of retained amount.
Chapter IV
IMPLEMENTATION
CLAUSE
Article 10. Effect
1. This
Decree takes effect from January 01, 2026, and replaces Decree No.
53/2020/ND-CP dated May 05, 2020 of the Government on environmental protection
fees on wastewater.
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3. The
declaration, appraisal, collection, transfer, statement, management and use of
fees for cases arising before the effective date of this Decree shall comply
with Decree No. 53/2020/ND-CP.
4. The
payment of environmental protection fees prescribed in this Decree shall not
serve the basis for confirming the legal discharge of wastewater by
wastewater-generating facilities. Wastewater-generating facilities that violate
laws on environment shall incur penalties in accordance with laws on
environment.
5. In
cases where relevant documents prescribed in this Circular are amended,
supplemented or replaced, the newer documents shall prevail.
Article 11. Implementation
1. The
Ministry of Agriculture and Environment shall:
a)
Provide guidelines for monitoring activities, determination of wastewater
volume, and pollution parameter concentration for determination of
environmental protection fees on wastewater.
b)
Summarize and submit proposed amendments to documents concerning fee collection
(if any) to the Ministry of Finance for consolidation and report to the
Government.
2.
Province-level People’s Committees shall:
a) Decide
the collectors of environmental protection fees on industrial wastewater in
provinces as prescribed in clause 1, Article 3 of this Decree.
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c) Direct
collectors prescribed in clause 1, Article 3 of this Decree to cooperate with
relevant authorities in reviewing, classifying and amending wastewater upon
which fees are charged (if any) quarterly, and notify payers by March 10
annually. If establishments start operations after March 31, the notification
shall be sent to the payers by the last day of the first month of the following
quarter.
d) Direct
collectors prescribed in clause 1, Article 3 of this Decree to receive and
supervise the self-determination and payment of fees of payers.
dd)
Summarize data on environmental protection fees on wastewater at provinces,
report the Ministry of Agriculture and Environment before May 31 of the following
year.
3. Tax
authorities shall inspect the declaration, transfer and statement of
environmental protection fees on wastewater of collectors.
4.
Ministers; Heads of ministerial authorities; Heads of governmental authorities;
Presidents of People's Committees of provinces and cities are responsible for
implementing this Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Duc Phoc
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