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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No:
124/2011/ND-CP
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Hanoi,
December 28, 2011
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DECREE
ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF
DECREE NO.117/2007/ND-CP DATED JULY 11, 2007 OF THE GOVERNMENT OF THE
PRODUCTION, SUPPLY AND CONSUMPTION OF CLEAN WATER
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the Law on Urban
Planning dated June 17, 2009;
Pursuant to the Law on
Construction dated November 26, 2003;
At the proposal of Minister
of Construction;
DECREES:
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1. To supplement clause 3 of
Article 6 as follows:
"Article 6. Land use in
water supply
3. Water supply units are
exempted from land use fees, land rent for water supply works including the works
mining water, of water treatment, pipeline and works on water supply pipeline
networks; the works supporting management and operation of water supply systems
(house for administrative activities, the house for management, administration,
workshop, warehouse of supplies and equipment)."
2. Point b, clause 2 of Article
12 is amended and supplemented as follows:
"Article 12. Subjects of
elaboration of water supply planning
2. Water supply planning is held
to elaborate as a separate planning scheme in the following cases:
b) Urban water supply planning:
For the urban centers as centrally-run cities (and other urban centers when it
is deemed necessary), aiming to concretize the water supply orientations
identified in general planning.
3. Article 13 is amended and
supplemented as follows:
"Article 13. Terms and
duration of formulation of regional water supply planning
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2. Duration for formulating
scheme of regional water supply planning does not exceed 18 months from the
date of the planning tasks to be approved by competent authorities."
4. Article 21 is amended and
supplemented as follows:
"Article 21. Phase and
duration for formulating scheme of urban water supply planning
1. Phase of urban water supply
planning according to phase of general urban planning.
2. Duration for formulating
scheme of regional water supply planning does not exceed 9 months from the date
of the planning tasks to be approved by competent authorities."
5. Article 22 is amended and
supplemented as follows:
"Article 22. The contents
of the task of urban water supply planning scheme
1. The contents of the planning
tasks of urban water supply:
a) Determine the need, scope and
objectives for planning urban water supply;
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c) The requirements for
research: changes in environment; quality, reserve and capacity to exploit for
use of the water source; the specific requirements for urban water planning;
2. Drawings of location,
boundaries, and regional relations; the ratio of 1/50,000 to 1/250,000.
3. Duration for making the task
of planning the urban water supply does not exceed 02 months from the date of
signing the consultancy contract between the agency or organization planning or
investor with an organization consulting for planning."
6. Article 24 is amended and
supplemented as follows:
"Article 24. Contents of
planning scheme of urban water supply
1. Evaluation of the current state
of water supply system: mining resources, capacity, efficiency of extraction,
clean water quality, water pressure, connection rate, the rate of loss of
revenue and evaluation the operational status of works, water supply pipelines
network.
2. Specific evaluation of
reserve, the quality of surface water, groundwater sources and the ability to
exploit for the water supply.
3. Identify targets of water
supply for purposes of use and water supply demand.
4. Specific selection of water
supply sources and determination of needs; division of water supply,
determination of the demand for land use for the water supply works.
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6. Determination of programs and
priority projects of investment, preliminary determination of the total
investment amount, estimate of resources for implementation.
7. Proposal of regulations to
protect water resources, protect the water supply system.
8. Strategic environmental
assessment."
7. Clause 1 of Article 25 is
amended and supplemented as follows:
"Article 25. Dossier of
planning scheme of urban water supply
1. Drawings:
a) Map of location and its
regional relations, rate of 1/50,000 to 1/250,000;
b) Map of current status of the
urban water supply systems; rate of 1/10,000 to 1/25,000;
c) Map of surface water,
groundwater sources, and the ability to exploit the water source; rate of
1/10,000 to 1/25,000;
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8. Clause 3 of Article 30 is
amended and supplemented as follows:
"Article 30. Promotion and
incentives and support of investment
3. Projects of investment and
construction of water supply to be supported by the State:
a) Investment in the
construction of infrastructure outside the fence, such as power supply and
roads;
b) Expenses for compensation,
site clearance when implementing water supply projects in urban areas;
c) Expenses for compensation,
site clearance and a part of cost of investment in construction the works when
implementing water supply projects for areas with special difficulties for
water resources, ethnic minority, mountainous areas and islands;
d) Priority of the use of
financial incentive sources for the projects investing in water supply,
regardless of users;
đ) Priority of interest rate
support after the investment in water supply projects funded with commercial
loans. "
9. Cancel provisions in clause 2
of Article 42.
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"Article 51. The principles
for calculation of water prices
1. Clean water prices must be
calculated accurately and fully the rational cost factors of production in the
process of production and distribution of clean water (including the cost of
maintaining connections) to ensure the legitimate rights and interests of units
of water supply and water-users."
11. To supplement clause 6,
Article 52 as follows:
"Article 52. Bases of the
establishment and adjustment of water prices
6. As scheduled price adjustment
approved by the provincial People's Committees."
12. To remove the phrase
"Department of Transport and Public Works" in clause 2 of Article 18,
clause 2 of Article 26, clause 8 of Article 60.
Article 2.
Transitional settlement
The units of water supply that
are collecting water charges as specified in clause 2 of Article 42 of Decree
No.117/2007/ND-CP shall be continued to implement until further adjustment for
the next time.
Article 3.
Effect and responsibility for the implementation
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2. Minister of Construction is
responsible for guiding, organizing the implementation and inspection of the
implementation of this Decree.
3. The ministers, heads of ministerial-level
agencies, heads of governmental agencies, presidents of People's Committees of
provinces and cities under central authority shall implement this Decree./.
FOR
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung
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