Decree No. 124/2011/ND-CP amending and supplementing a number of articles of the Government’s Decree No. 117/2007/ND-CP of 11 July 2007 on clean water production, supply and consumption

issue nos 04.05/.Ianuary 2012 (Gong Beo !lOS 57 5S/lallllarv 7, 2012) OFHC1Al '.>A ~f nf.-- 33 Decree No. 124/201l/NDRCP of December 28, 2011, amending and supplementing a number of articles of the Government's Decree No. 117/ 2007INDRCP of July 11,2007, on clean water production, supply and consumption THE GOVERNMENT Pursuant TO The December 25,2001 Law on Organization of the Government; Pursuant To the June 17, 2009 Law on Urban Planning; Pursuant TO the November 26. 2003 Construction Law; A t the proposal of the Min is te r of Construction, DECREES: Article 1. To amend and supplement a number ofarticles of the Government's Decree No. 117/2007/ND-CPofJuly 11,2007,on clean water production, supply and consumption, as follows: 1.Toadd the foUowing Clause 3 toArticle6: "Article 6. Use of land in water supply activities 3. Water suppliers are exempt from land use levies and land rents for land of water supply works, including water exploitation and treatment facilities, water pipelines and works belonging to water pipeline networks; and works serving the management and administration of water supply systems {administrative houses, management and administration houses, workshops and supplies aw] equipment wal chouses and ~lOfillgyards)." 2. To amend and supplement IPbint b. Clause 2, Article 12 as follows: "Article 12. Subjects uf water supply planning 2. The followingwater supplyplaemng shall be formulated in separate planning schemes: bl Urban watersupply planning far centrally run cities (and other urbancenters if aecessary) aiming to concretize water supply o!~tations set forth in urban master plans." 3. To amend and supplement A.Pticle 13 as follows: "Article 13. Terms and time .Hnits for formulation of regional water supply planning schemes 1. The term of a regional wat.eJ;. supply planning must comply with the term of the relevant regional construction master plan. 2.The maximum time limit for formulation of a regional water supply planning scheme 13 ] 8 months after planning tasks are approved by a competent authority." 4. To amend and supplement Article 21 as follows: 34 OFnCIAL GAZETTE Issue figs 04-OS/.Jnfiuary 201i (Cong Bao110S 57-58/Januarl' 7, 2012) "Article 21. Terms and time limits for formulation of urban water supply planning schemes 1. The term of an urban water supply planning must comply with the term of the relevant urban master plan. 2. TtUme limit for formulation of an urban water supply planning scheme is 9 months after planning tasks are approved by a competent authori ty," 5. TO' ftmcnd and supplement Article 22 as'nno~ "Article 22. Urban water supply planning tasks 1.Tlt8k'S of an urban water suppl y planning; aJ Identifying the necessity for, and scope and objeciives of, the urban water planning; bl Identifying basic targets and applicable standards and technical regulations; cl Setting requirements for research into environmental developments; quality, reserves and possibilities ofexploiting and using different water SOUfces; and specific requirements on the urban water supply planning. 2. Maps ofa scale of between 1:50,000 and I :250,000 displaying the regional location, boundary and linkage. 3. The time limit for identification of tasks of an urban water supply planning is 2 months after the signing of a consultancy contract between the agency in charge of formulating the planning or the investor and a planning consultancyorganization." 6. To amend and supplement Article 24 as follows: "Article 24. Contents of urban Water supply planning schemes L Assessment of the current status of the water supply system: exploitation sources, capacity and efficiency, clean water quality, water pressure, connection rate, waste and loss rates and operation of water supply works and water pipeline networks. 2. Specific assessment of the reserves and quality of surface water and groundwater sources and the possibility of exploiting these sources for water supply. 3. Identification of water supply norms for different use purposes and water supply demands. 4. Selection of water supply sources, determination of water demands, zoning of water supply areas and determination of land areas fur water supply works. 5. Determination ofwater pipeline networks (grade-l and -Il networks) and positions and capacity of water supply works. 6. Identification of programs and projects prioritized for investment and estimation of their total investment and funding sources. IssyenosMo05/January 2012 (Gong Bao 1105 57-58/JmlllGl)' I. 2U12) OFFICIAL GAZETTE 7. Proposed regulations on protection of water sources and water supply systems. 8. Strategic environmental assessment." 7. To amend and supplement Clause 1, Article 25 as follows: "Article 25. Urban water supply planning dossiers 1. Drawings: a/ A map ofa scale of between 1:50,000 and 1:250,000 displaying the regional position and linkage; b/ A map ofa scale of between 1: 10,000and 1')'i ,000 displaying the current status of the urban water supply system; cl A map of 0. scale of between 1:10,000 and 1:25,000 displaying surface water and groundwater sources and the possibility of exploiting these water sources." dJ An urban water supply planning map of a scale of between 1:50,000 and 1:250,00." 8. To amend and supplement Clause 3, Article 30 as follows: "Article 30. Investment promotion, incentives and support 3. Water supply work construction investment projects may: aJ Receive state support to build outside-the fence infrastructure facilities such as electricity supply works and road; b/ Receive state support to cover compensation and ground clearance expenses, for water supply projects in urbancenters; c/ Receive state support to cover compensation and ground clearance ex.penses and part uf construcuon invesunenseapenses, for water supply projects in areas withextreme water supply problems, ethnic ~rity, or mountainous or island areas; dl Have priority access to pre;!t;rential funding sources, regardless oi.•project beneficiaries; e/ Receive post-investment infMIest rate supports. for water supply projects fmmcd with commercial loans." 9. To annul Clause 2, Article 4! 10.10 amend and supplementLdause 1, Article 51 as follows: "Article 51. Water pricing princ~s 1.The price of clean water must f'l.erroperly calculated, fully covering reasonable expenses arising in clean water production and distribution (including also exf'\!nses to maintain connection) so as to guarantee the rights and lawful interests of water suppliers and users." 11. To add the following Clause 6 to Article 52: "Article 52. Bases for setting and adjusting water prices 6. The water price adjustment roadmap approved by the provincial-level People's Committee." 12. To cross out the phrase "provincial-level Departments of Transport and Public Works" in Clausez, Article 18; Clause 2, Article 26; and Clause 8, Article 6U. Article 2. Transitional hanriling Water -suppliers that are collecting water charges under Clause 2, Article 42 of Decree No. 117J2007fND-CP may continue to do so until the subsequent water price adjustment Article 3. Effect and implementation responsibil ity I. This Decree takes. effect on February 20, 2012. 2. The Minister of Construction shall guide, organize and examine the implementation of this Decree. 3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People's Committees shall implement this Decree. On behalfuf th« Governrnent Prime Minister NGUYEN TAN DUNG Issue llQS 04.05/.Jalluary 2012 (Cong 8801105 57-58/Jol1lwn 7,2012)