Decree No. 117/2007/ND-CP on clean water production, supply and consumption

6 OFFICIAL GAZETTE Issue no xxlAugusl 2007 (Gong Bao nos 524-5251August 2, 2007) THE GOVERNMENT DECREE No. 117/2007/ND-CP OF JULY 11, 2007, ON CLEAN WATER PRODUCTION, SUPPLYAND CONSUMPTION THE GOVERNMENT Pursuant to the December 25, 2001 Law on Orgonizallnn nfthe Government; At the proposal ofthe Construction Minister, DECREES: Chapter] GENERAL PROVISIONS Article 1.- Governing scope and subjects of application 1. This Decree provides for activities in the domains of production, supply and consumption of clean water under the complete concentrated water supply systems in urban areas, rural areas, industrial parks export proccssiug Lones, hi-tech parks and economic zones (below refered to as industrialparks for short): the rights and obligationsof organizations, individuals and households engaged in activities related to clean water production, supply and consumption in the Vietnamese territory. 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.Watersupply activitiesmean relevant activities in the domain of production, supply and consumption of clean water, including planning, designing consultancy, construction investment, operation management,clean waterwho!esale, 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 soiue ur 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. 6. Water-using customers mean organizations, individuals and households that buy clean water of water supply units. 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-IInetworks, grade-illnetworks and relevant support facilities. © VIETNAM LAW & LEGAL FORUM Issue no xx/August 2007 (Cong BaD nos 524-5251August 2,2007) OFFICIAL GAZETTE 7 © VIETNAM LAW & LEGAL FORUM 10.Grade-lnetworksmean systems of principal pipelines functioning to conductwater to areas of water supply service regions and to major water usingcustomers. 11. Grade-II networks mean systems of connecting pipelines functioning to regulate water flows forprincipal pipelines andensuretheoperation safetyof watersupplysystems. 12. Grade- III networks mean systems of distribution pipelines conducting water from principal pipelines and connecting pipelines to water-using customers. 13. Supportfacilities mean those in supportof themanagement, operation, maintenance andrepair of water supply systems, such as yards, roads, workshops, fence walls, transformer stations, assorted valve holes, meterboxes, fire plugs, etc. 14. Water-measuring equipment means flowand pressure-measuring equipment, including water meters, pressure meters and accompanying equipment and accessories. 15. Water stealing means actsof illegally taking water nul via meters, impacting to falsify figures indicated by water meters and other relevant equipment, deliberately or connivingly recording inaccurately meters'figures andotheractsoftaking waterfraudulently. 16. Water supply service regions mean areas with definite boundaries where water supply units are obligedto supply clean waterto waterusers. Article3.- Operating principles and policies on development of waterindustry l. Water supply activities constitute a type of production and business activities subjectto 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.Tosustainably develop watersupplyactivities on the basis of tapping to the utmostall resources, meeting people's demand for clean water with adequate quality, civilized and economical service and socio-economic development requirements. 3. To exploit, produce and supply clean water withoutdepending on administrative boundaries. 4.Toprioritize theexploitation of watersources forsupplyfor daily-life activities of communities. 5. Tu encourage the rational and thnfty use of clean water and to apply technologies of reusing waterfor different purposes. 6. To encourage various economic sectors and social communities toinvestin thedevelopment and management of watersupply activities Article4.- Clean waterquality 1. The qualityof clean waterused for dally-life activities (drinking, personal hygiene) must be up to the technical standards set by competent state bodies. TheHealthMinistry promulgates standards of cleanwaterusedfor daily-life activities. 2. Thequalityofcleanwaterusedcommonlyfor daily-life and other purposes must be up to the technical standards of clean water used for daily life activities. 3. The qualityof clean waterused for purposes other than the daily-life activities is agreed upon between water supply units and water-using customers. Article5.- Usingwatersources for watersupply activities 1.Administrations ofalllevels, organizations and individuals shall protect water sources; cases of infringing upon01' undermining watersourcesshall be strictly handled. 2.Wherewatersources arelimited duetonational conditions or prolonged droughts, naturaldisasters or war, the supplyof crudewatersourcesfor daily 8 OFFICIAL GAZETTE IssuonuMlAugust 2007 (Gong Bao nos 524-525/August 2,2007) life water supply is giventhefirstpriority. 3.Torationally exploitandusewatersources; to combinethe useof surface andunderground water sourcesfor water supply, basedon waterresource exploitation plannings and watersupply planninzs approvedby competent statebodies. 4.Relevant ministries andbranches shall conduct investigations and surveys, formulate and manage complete data sets on water sources in service of watersupply. Water resource management agencies shallelaborate plannings on exploitation anduseof water resources and supply necessary information inservice of water supply; units exploiting andusing watersources forwatersupply shall formulate plans on hygieneprotection zonesfor waterexploitation areas and submit them to competent agencies fur decision, protectwatersources andenvironment in exploitation areas andsupplyadequate information anddataonwaterexploitation anduseinaccordance withlaw. Article 6.-Landuse in watersupply activities I. TheStateandlocal administrations atalllevels shall priontize land funds for the construction of watersupply works, basedonpractical demands and development requirements ofeachperiodunderthe approvedwater supply plannings. 2.Localadministrations atalllevelsshall,based on the approved water supply plannings, organize the management and protection of land funds identified for watersupply works. Article 7.- Principles of combining traffic, irrigation andhydro-electric powerworks withwater supply I. The planning blueprints and investment projects onconstruction of traffic works mustensure their synchronism with relevant water supply systems andbeconsidered andagreedin writing by localwatersupply statemanagement agencies before they are submitted to competent authorities for approval. 2. The planning blueprints and investment projects onconstruction ofirrigation orhydroelectric power works must ensure their synchronism with relevant water supply systems, prioritizing thesupply of crude water for water supply works upon the construction of irrigation or hydroelectric power works, andbe consideredand agreedin writingby 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 powerworksareliableto paymentof crudewatercharges as providedfor by law. Article 8.- Community participation 1.TheStateencourages peopleandcommunities to participate in the management and oversight of watersupply activities. 2.TheConstruction Ministry guidestheprocess of contributing opinions nnn overseeing hy communities in the course of formulating, concluding andimplementing agreements on water supply service provision, 3. People'sCommittees at all levelsmust abide by the process of contributing opinions and overseeing by communities in the course of formulating, concluding and implementing agreements on water supplyservice provision with watersupplyunits. Article 9.- Propagation, dissemination and education of Jaw on watersupply 1. Ministries, ministerial-level agencies, government-attached agencies, People's Committees ofalllevels andwatersupply units shall, within theambitof 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 andstrictly observe legalprovisions onwatersupply. © VIETNAM LAW & LEGAL FORUM Issue noxx/August 2007 (Gong Bao nos 524-525IAugusl 2,2007) OFFICIAL GAZETTE 9 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. Article 10.- Prohibited acts in water supply activities 1. Destroying water supply works, equipment. 2.Violatingtheregulations on protectionof 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. ~. 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-lite activities, which is not up to the technical standards promulgated by competent state bodies. 10. Dispersing toxic substances and contagious diseases. II. 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 activitiesmust abide by water supply plannings approved by competent state bodies. Article 12.- Subjects of elaboration of water supply plannings I. 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. 2. A water supply planning is elaborated as a separate planning blueprint in the following cases: aIRegional water supply planning: For different localities where natural conditions, socio -economic development conditions and population distribution permit the regional water supply but tne 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; bl 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. © VIETNAM LAW & LEGAL FORUM 10 OFFICIAL GAZETTE Issue noxxlAugusl 2007 (C6ng Bolo nos 524-525/August 2,2007) Water supply plannings formulated as separate planning blueprints comply with the provisions in Secuous 2 and 3 uf this Chapter aud relevant legal provisionson construction plannings. Section 2. REGIONAL WATER SUPPLY PLANNING Article 13.- Regional water supply planning terms and formulation duration 1. Regional water supply plannings arc formulated for a short term of 5 yearsor lOyears 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 bycompetent authorities. Article /4.- Tasks of regional water supply planningformulation 1. Contents of regional water supply planning tasks: aI Assessing and forecastingthe urbanand rural development, regional mtrastructures in compatibility with general socio-economic development plannings, construction plannings, branch development plannings for 5-year, lO-year and longer terms; b/ Evaluaung natural conditions, Iurecasting developments of water environment in terms of quality, deposit and capability to exploit regional, interregionalwater sources; clOrganizingregionalwatersupplywithtechno economic optimum, without depending on administrative boundariesof waterexploitationand use areas. 2.Drawings on positions,boundaries,sizes and regional relations of between 1/lO0,000 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 wiLhin inter-provincial areas, counting from the date the tasks are officially assigned. Article 15.- Bases [or Ionnulation of regional water supply plannings 1. Socio-economic development general plannings, construction plannings, water resource exploitation, use and development plannings, relevantbranch developmentplannings, if any. 2. Orientations of urban development general plannings and orientations for development of national technical infrastructuresalready approved by the Prime Minister. 3. Investigationand survey results and relevant data and documents. 1. Standardsand norms, 5. Regional water supply planning tasks already approved. Article 16.-Contentsof regional waterplannings Dependingon thecharacteristics and size ofeach region, a regional water planning contains the following major contents: I. Investigation, surveyand assessmentof actual socio-economic situation, natural conditions and technical infrastructure system of theplannedregion. 2.Investigation, surveyandassessmentofdeposit andqualityof surfacewater and undergroundwater 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 n'gion 5. Identificationof water supply sources, water supply capacityfor each term. © VIETNAM LAW & LEGAL FORUM Issue noxxlAugust 2007 (Gong Baa nos 524·5251August 2, 2007) OFFICIAL GAZETTE 11 6. Identification of positions, capacities of key works (pumping stations, treatment plants... ), principalpipelinesand landuse demandsfor water supplyworks. 7. Phasing of invesrment accordingto planning terms,preliminarydetennination of totalinvestment, projection ofprojects entitledtoinvestment priority. 8. Proposed regulations on protection of water sourcesand watersupplysystems. 9. Proposed solutions to the implementation of the planning. 10.Proposed schemes onorganization ofregional water supplymanagement. 11. Assessment of environmental impacts. Article 17.- Dossiers on regional water supply planningblueprints Depending on thecharacteristics andsizeofeach region, the dossiers on a regional water supply planningblueprint comprise: 1. Drawings: aIMapsofpositionsandinter-regional relations, of between 1/100,000 and 11500,000 scale; bl Maps of surface and underground water sources and water source-exploitingcapability of between 1/25,000and 11250,000 scale; cl Map ofcurrentstatusof regionalwatersupply system,of between1/25,000 and 11250,000 scale; df Maps on regionalwater supply development orientation (positions, capacities of water supply works, conducting pipelines, water supplyareas in the region), of between 1/25,000 and 1/250,000 scale. 2. General reports, covering the explanation, relevant legal docnments, reports appmving regional water supplyplanningblueprint. Article 18.- Responsibilities to formulate, competenceto appraiseandapproveregionalwater supply planning tasks and blueprints 1. Responsibilities to formulate regional water supplyplanningtasks and blueprints: aI The Construction Ministry organizes the formulation ofinter-provincial regional watersupply planningtasks and blueprints; bl The People's Committees of provinces and centrally runcities(hereinaftercalledtheprovincial levelPeople's Committees for short)shallorganize the formulation of regionalwater supply planning tasks and blueprints within their- respective administrative boundaries. 2.Competenceto appraiseandapproveregional water supplyplanningtasks and blueprmts: aI For inter-provincial regional water supply planmngs: The Prime Minister approves or authorizesthe Construction Ministry to approvl' inter provincia! regionalwatersupplyplanningtasksand blueprints within 25 working days after the receipt of a completeand validdossier. The Construction Ministry assumes the prime responsibility forappraisinginter-provincialregional water supply planningtasks and blueprints, which fall under the approvingcompetenceof the Prime Minister, within 20 working days after the receipt of a complete and validdossier. b/For provincial regional watersupplyplannings: The provincial-level People's Committee shall approve the regional water supply planning tasks and blueprints within administrative boundaries underits managementwithin15workingdaysafter the receiptof a completeand validdossier fromthe 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 watersupplyplanningtasksand blueprints, which fall under the approving competence ofprovincial-level People'sCommittee, © VIETNAM LAW & LEGAL FORUM 12 OFFICIAL GAZETTE Issue noxxlAugus! 2007 (C6ng Bao nos 524-5251Augusl 2,2007) 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, sizca 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. Otherregulations. Article 20.- Adjustment of regional water supply plannings 1.Regional water supply plannings are adjusted in one of the following cases: aJ There appears the adjustmentof relevant socio economic development general plannings, construction plannings or branch development plannings; bl 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 lv.4TER SUPPLY PIANNINGS 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 10years 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. Article 22.- Urban water supply planning tasks 1.Contents of urban water supply planning tasks: al Assessing and forecasting the urban development, urban infrastructures in compatibility with socio-economic development general plannings, construction plauuiugs, branch development plannings for periods of 5 years, 10 years and 20 years; bl Evaluating natural conditions, forecasting environmental developments in terms of quality, deposit and exploitation capacity of water sources of urban centers, urban regions; cl 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 1125,000 and 11100,000 scale. 3.The duration for formulation of an urban water supply planning does not exceed 2 months, counting © VIETNAM LAW & LEGAL FORUM Issue no xxlAugust 2007 (C6ng Bao nos 524-525/August 2,2007) OFFICIAL GAZETTE 13 from the date the tasksareofficially assigned. Article 23.-Basesforformulation ofurbanwater supplyplannings 1. Socio-economic development general plannings, construction plannings, water resource exploitation, use and development plannings, regional watersupply plannings andrelevant branch development plannings, if any. 2. Investlgation and survey results and relevant data and documents. 3. Standards and norms. 4. Approved urban watersupplyplanning tasks. Article :14.- Contents of urban water supply plannings Dependingonthecharacteristics andsizeofeach urban center, an urban water supply planning has the following contents: 1. Investigation, survey and assessment of the actualsocio-economic situation, natural conditions and technical infrastructures of the plannedurban centerandits relations withrelevant regions. 2 Investigation, survey and assessment of the current status of the water supply system: exploitation sources, capacity, efficiency, cleanwater quality, water pressure, the continuity of services, the ratiosof connections, wasteand lossratiosand assessment of theconditions of watersupplyworks and pipeline networks. 3.Investigation, survey andvaluation ofdeposits 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 pUlpUS"'S and water supply demands according to the planning terms. 6. Identification of capability for regional water supply relations. 7. Selection uf water supply sources, water outlets; identification of positions and capacity of watersupply worksforeachtermanddetermination of landuse demands for watersupplyworks. 8. Determination of structure of water pipeline networks; zoning of watersupply, calculating grade I and grade-Il networks for each planning term, identification ofconnection points between grade-I networks andgrade-II networks. 9. Phasingof investment according toplanning terms, preliminary determination of the total investment, anticipation of priority investment projects. 10.Proposed regulations on protection of water sources, protection of watersupplysystems. 11. Proposed solutions to the implementation of the planning. 12.Assessment of environmental impacts. Article 25.- Dossiers of urban water supply planning blueprints Depending onthecharacteristics andsizeofeach urbancenter, the dossierof an urban water supply planning blueprint comprises: 1. Drawings: aIMapsof positions andinter-regional relations, the 1150,000-11250,000 scale; bl Maps of currentstatusof urbanwater supply systems, the 115,000-1/25,000 scale; cl Maps of surface and underground water sources andwater sourcc-exptortmg capability, the 115,000-1125,000 scale; dl Maps of water supply regions zoned off according to planningterms, the 1/5,000- 1/25,000 scale; el Maps identifying positions of water supply works, grade-landgrade-II waterpipeline networks, the 1/25,000-1/250,000 scale; © VIETNAM LAW 8< LEGAL FORUM 14 OFFICIAL GAZETTE Issue noxxlAugust 2007 (Gong BaD nos 524-525/August 2, 2007) fl 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 People's Committees shall organize the formulation of urban water supply planning tasks and blueprints in their respective administrati ve boundaries. 2. Competence to appraise, approve urban water supply planning tasks and blueprints: 01 The Prime Minister shall approve or authorize the Construction Ministry to approve water supply planning tasks and blueprints for urban centers of special grade withm 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 duys after the receipt of complete and valid dossiers; bl Provincial-level People's Committees shall approve urban water supply planning tasks and blueprints for urban centers (excluding those of special grade) within administrative boundaries under their management within 15 working days after the receipt ofcomplete and valid dossiers from the appraising bodies and the consent of the Construction Ministry; 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 People's 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 People's Committees within 20 working days after the receipt of complete and valid dossiers. Article 27.- Regulations on management ofurban water supply plannings On the basis uf 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 regulation» 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 rcgulutions 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 1. Urban water supply plannings are adjusted in one of the following cases: aIThere appears the adjustment of relevant socio economic deve lopmeru gellel al planllings, construction plannings or branch development plannings; bl 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 © VIETNAM LAW & LEGAL FORUM Issue no xx/August 2007 (Gong Bao nos 524·5251August 2,2007) OFFICIAL GAZETTE 15 planningblueprint. 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 ensurethe continuity. 4. Persons competent to approve urban water supply planning blueprints shall approve theadjusted urbanwatersupplyplanning blueprints. Chapter III WATER SUPPLY DEVELOPMENT INVESTMENT Article 29,- Selection of watersupplyunits 1.Awatersupply unitmayselectorbeselected as investor in one, a numberor all of items of a water supply system ranging from exploitation, water treatment plant, grade-lorgrade-If networks tograde III networks, forcleanwaterwholesale or retail. 2. For areas where already exist water supply service-providing organizations or individuals, such organizations or individuals areappointed as water supplyunitsproviding watersupply services in the areas. 3. For areaswherewatersupplyunitsproviding watersupply services arenotavailable, theselection of water supply units for investment in the construction ofwatersupply systems andcleanwater business in the areas is carried out in accordance withlegalprovisions onbiddingandunderspecific conditions of each locality. 4. Water supply source works identified in the watersupply plannings approved bycompetent state bodies are publicized for investment calling and bidding to selectinvestors in accordance with law. Investment ina watersupply source workisdivided into different phases; the watersupply unit thathas invested in construction intheprevious phasecanbe considered and appointed as investor in the subsequentphaseifmeeting thecapabilityconditions andhaving rational techno-economic proposals. 5.Organizations andindividuals areencouraged to take the initiative in studyingand registering as investors in in vesuneru projects on water supply development. 6. Competence to selectwatersupplyunits: aI People's Committees of cities, towns or townships in urban centers, commune People's Committees in rural areas (below referred to as People's Committees for short)and industrial park management boardsshallorganize the selection of water supply units in areas under their respective management; if a water supplywork is of regional scale in a province, the People's Committee that manages localities in the water supply region coveredby thatworkshallorganize theselectionof a watersupplyunit, with participation of localities in the watersupplyregion; bl The Construction Ministryshall 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 relevantprovinces; cI The Ministry of Agriculture and Rural Developruent shall organize tit" selection uf water supply units for rural water supplywork's of inter provincial scale, with participation of relevant provinces. Article 30,- Investment incentives, preferences andsupport 1.Economic sectorsareencouraged to investin watersupplydevelopment 2. Water supplyrotationfund: aI 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 insmall urban centers andconcentrated population quarters; © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issueno xxlAugust2007 (Gong Bao nos 524-525/August 2,2007) bl 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; bl Expenses for ground clearance compensation upun execution of water supply projects in urban centers; clExpenses 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 rrn nority people, mountainous regions and islands; d/ Priority in the use of preferential financial sources for water supply investment projects, regardless of users; eIPriority in terms of the post-investment interest rate supports for water supply projects financed by commercial loan capital; fl Exemption of land use levies. 4. The Ministry of Planning and Investment shall coordinate with the Finance Ministry, the Construction Ministry, the Ministry of Agriculture and Rural Development and relevant ministries and branches in guiding specific preferential mechanisms for water supply projects and encourage domestic enterprises to produce and use home-made materials and specialized equipment. Article 31.- Agreements on provision of water supply services 1. Agreements on provision of water supply services are legal documents concluded between People's 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; bl The water supply development planning orientations; cl The projected financial sources for implementation of the water supply development plan; d/ The water supply charges, the roadmap and principles for its adjustment; el Service conditions (water quality, pressure, flow and continuity), roadmap for improvement of service conditions; fl Obligations and rights of the involved parties. Article 32.- Areas provided with water supply services 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 theirrespective 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 © VIETNAM LAW & LEGAL FORUM Issue noxx/August 2007 (C6ng Bao nos 524-525/August 2,2007) OFFICIAL GAZETTE 17 be done in order to incrementallyincrease the service coverage and improve service quality conditions in water supply service areas. 2.Water supply developmentplans must conform to the approved consrrucrirm plannings anel water supply plannings and ensure the coordination with relevant localities. 3. Water supply units are obliged to formulate and submit to the People's 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 arcus. Article 34.- Investment compatible with water supply development plannings and plans 1. Investment in construction of water supply works must be compatible with the approved water supply development plannings and plans. 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 he approved by the People's 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 I. The formulation, appraisal, approval and implementation of investment projects on construction of water supply works shall comply with the provisions of this Decree and other relevant provisions oflaw on work construction investment. 2. When studying the formulation of investment projects on construction of water supply works in areas where concentrated water supply svstems 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: aJ 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 coveredby the projects; at the same time, notify them of informationon 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; bl Examine the selection of technical and technological options and capacity and determine the total investment of the projects in their © VIETNAM LAW & LEGAL FORUM 18 OFFICIAL GAZETTE Issueno xx/August 2007 (Cong Bao nos 524-5251August 2,2007) comprehensive relations with management and operation costs in order to ensure the overall economic efficiency of the projects; cf 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 People's Committees and water supply units. 3. Investment projects on construction of water supply works ofa capacity of30,000 m'fday or more each, for urban centers of special grade, or 10,000 m3fday or more each, for other urban centers, must be consentedin 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 Article 3.9.-Connection points 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 fencewall 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. Article40.- Service quality at connection points I. The service quality at connection points with regard to clean water used for the purpose of daily life activities covers the waterquality, 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 1. Water using customers staying within the service areas of water supply units are entitled to the connection to such units' networks, except for the cases specified In Article 43 of this Decree. 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 4m3lhousehold/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 4m3lhouseholdl 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 © VIETNAM LAW & LEGAL FORUM Issue no xxlAugust 2007 (Cbng Bao nos 524-525!August 2, 2007) OFFICIAL GAZETTE 19 connectionwithcustomers,including watermeters. Where water meters are installed behind the identifiedconnection points,theexpensesforsupply and installation from the connection points to the water meter installation points are paid by water usingcustomers afterreachingagreementwithwater supply units. 4. Water-using customers are allowed to install and responsiblefor watersupplyequipmentbehind theconnection pointsand behindwatermeters. Such equipment must be designed and installed in compatibility withequipmentof watersupplyunits, ensuringsafetyandcausingnorisksto theequipment of water supplyunits. 5. Water-using customers with connections to watersupplynetworksof watersupplyunitspermit 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 inconveniencefor water-usingcustomers. 6. The design,installation, maintenance, useand inspection of customers' equipment connected to water supplyunits' networks mustcomply withthe technical standardsand norms as well as the terms of water supply servicecontracts. Article 43.- Connectionexemption Connection to water supply networks will be exempt in the followingcases: I. It may cause irrational expense burdens for customers due to the minimum water use demand or other specialreasons. 2. The connection is exempt for works with available internal water supply systems where the exploitation and use of water resources and the qualityof suppliedwatercomply withprovisions of law.The exemptionis validuntil suchwatersupply systems fail to comply with legal provisions on exploitationand use of water resourcesandquality of supplied water. Section2. WATER SUPPLYSERVICE CONTRACTS Article44.- Watersupply servicecontracts I. Water supply service contracts are legal documents concluded between water supply units and water-usingcustomers. 2. A water supply service contract has the following principaldetails: a/The contractingsubjects; bl The use purpose; c/ The service standardsand quality; d/ The rights and obligations of the contractual parties; el The watersupply charges,payment mode and time limit; fl Conditions for termination of contract; g/Handling of contractual breaches; hiOthercontentsagreeduponby thetwo parties. 3. Watersupplyservicecontractsbetween water supply wholesalersand water supply retailersmust be considered and approved in writing by the People's Committees that have concluded water supply service provision agreements with water supply retailers. Article 45.- Water supply service suspension, cessation I. Water supply servicesuspension Water supply units shall suspend water supply services if it is sorequested bywater-using customers for such plausible reasons as absence, suspension of productionand businessfor givenperiodsof time but not terminatewater supply service contracts. 2. Watersupply servicecessation atFor water-usingcustomers being households using water for daily-lifeactivities: © VIETNAM lAW & leGAL FORUM 20 OFFICIAL GAZETTE Issue no xxlAugus! 2007 (GOng Bao nos 524-5251August 2,2007) Five weeks after they send notices to water using customers on the water supply service cessation, watersupplyunitsmayceasetheprovisron of water supply servicesfromtheconnectionpoints if customers fail to pay water charges, breach the tenus of water supply servicecontracts; Tenweeksaftertheissuanceof noticeson water supply service cessation, if water-using customers fail to fulfill theirpaymentobligationsfor objective reasonsalready notifiedin advanceto water supply units, the water supply service cessation will be effected bl Forother water users: Fifteen working days after the issuanceof 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 watercbarges, breachtbe tenus of water supply servicecontracts. Article46.- Terminationof contracts I. Either contractual party may terminate water supply service contracts when the other party fails to strictly comply with the contractual tenus or customers have no demands for water use. 2.Watersupplyservicecontractswillberestored or re-concluded after all disputes between the two parties have been settled. Article47.- Errors and damage compensation l. Errors in water supplyservicesare committed when the water quality, the water supply modes or the services of water supply units fail to satisfy the tenus of water supply servicecontracts. 2.Watersupplyunits shallpaycompensationfor damagecausedtowater-using customers dueto their errors in the courseof providingservicesat variance with the terms of water supply service contracts. Water-using customers' complaints must be addressed to water supply unitswithin 10days after the detection of errors. Water supply units shall consider and settlecomplaints within 15 days after the receiptof water-usingcustomers' complaints. Article 48.- Watercharge payment 1. Water-using customers shall pay in full and on time the water charge amounts stated in bills to walt" supply units.The payment modes, forms and venues are agreed upon by the two parties in water supplyservicecontracts. 2.Water-using customerswhopay watercharges one month later than the deadlines stated in water supply service contracts shall pay interests on the late-paidsums to water supply units. 3.Watersupplyunitsthat collectexcessivewater chargesshallreturn the excessive amountsto water using customers, including the interests on the excessivelycollected amounts if the money return is made one month after the time the water charges are collectedin excess. 4. The interests on late-paid amounts or excessivelycollected sums are agreed upon by the parties in servicecontracts 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 unitstore-examinethepayablewatercharges. 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 customersmay requestcompetent agencies or organizations to organize the conciliation. In case of non-request for conciliation or fail"d conciliation. water-using customers may initiatelawsuits at court according to provisions of law on civil procedures. Pending the settlement, water-using customers shall still pay water charges andwatersupplyunitsmustnot stopprovidingwater supplyservices. © VIETNAM LAW & LEGAL FORUM Issue nQ xxlAugust 2007 (Cong Baa nos 524-525/August 2,2007) OFFICIAL GAZETTE 21 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 managementbodies. 3.Watersupplyunitsshallorganizetheperiodical 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 managementandpromptlynotifywatersupplyunits of the meter loss or damage upon the detection thereof. Watersupplyunitsshallprotectwatermeters installed outside areas managed by water-using customers. Article 50.- Examination of water-measuring equipment 1. Only competent or authorized organizations defined by measurementstate managementbodies can examine water-measuring equipment. 2. Water supply units shall organize the examination of water-measuring equipment accordingto therequirements and time limitssetby measurementstatemanagement bodies. 3. When doubting that water-measuring equipment are inaccurate, water-using customers may request water supply units to check them. Within5 working daysafterthereceiptofcustomers' requests, water supply units must examine and complete the repair or replacement of water measuring equipment. If disagreeing withtheresults 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 workingdaysafterthereceiptofcustomers'requests, local water supply state management bodies shall organize the examination. 4. Expensesforexaminationof water-measuring equipment under the provisionsof Clause 3 of this Article are paid as follows: aJ If independent examination organizations determine that the water-measuring equipment operate in accordance with Vietnamesestandards, water-using customers shall pay the examination charges; bl If independent examination organizations determine that the water-measuring equipment operate not in accordance with Vietnamese standards, water supply units shall pay the examinationcharges. 5. If independent examination organizations determinethat the figuresindicatedby watermeters exceed the actually used water volumes, the water supply units shall refund the excessively collected ch~rge amounts to water-using clNtnmers:, Chapter V CLEAN WATER PRICES Article 51.- Principles for calculation of water prices 1.Cleanwaterpricesmustbeaccurately andfully calculated with reasonable production costs in the courseofclean waterproductionanddistributionto ensurethe lawfulrightsandinterests of watersupply units and water-usingcustomers. 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 © VIETNAM LAW & LEGAL FORUM 22 OFFICIAL GAZETTE Issue noxxlAugust 2007 (Cong Bao nos 524-525/August 2,2007) of water, takinginto account supportfor thepoor. 4.Cleanwaterprices aredetermined insuitability towatersources, waterproduction conditions ofeach region,each locality, eachzone. 5. Clean waterprices aredetermined regardless of usersbeingdomestic or foreign organizations or individuals. 6. Implementing the mechanism of reasonable price subsidies between groups of customers with different usc purposes, graduclly reducing and proceeding to eliminate thecross-subsidy between prices ofwaterusedfordaily-life activities andprices ot water used for other purposes, contributing to boosting production and increasing the competitiveness of watersupply units. 7. Local administrations at all levels, organizations and individuals engaged in water supply activities must work out prugtalllS against theJoss of waterandwater charges, adoptcontracting and rewarding mechanisms while setting the maximum levels of water and water charge loss eligiblefor mclusion intoproduction costsso as to encourage water supply units to operate with efficiency. 8.Ifthedecided cleanwaterpricesarelowerthan the accurately and fully calculated prices of clean water, provincial-level People's Committees shall annually considerand allocate the deficitamounts fromlocal budgets inordertoensure thelawful rights andinterestsof watersupply units. 9.The FinanceMinistry shall assumethe prime responsibility for, and coordinate with the Construction Ministry and the Ministry of Agriculture andRural Development in, guidingthe principles and methods of determining clean water consumption prices. Article 52.- Grounds for formulation and adjustment of waterprices 1.The principles forwaterpricecalculation. 2. The socio-economic development conditions of the country andregionsandpeople'sincomesin eachperiod. 3.Theclean watersupply-demand relationship. 4.Cleanwaterproduction andbusiness costsand reasonal profits uf water-supply units. 5. The changes in water-treating technology, service quality standards, fluctuations in market pricesandstatepolicies. Article 53.-Formulation andsubmission ofwater priceschemes Pursuant to the provisions of Article 52 of this Decree and the guidance of the FinanceMinistry, the Construction Ministry and the Ministry of Agriculture and Rural Development, water supply unitsshallformulate cleanwaterconsumption price schemes according toidentified water supply service areas, reachagreement withthesignatories towater supply service provision agreements and submit them to provincial-level People's 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 People's Committees shall approve waterpriceschemes andpromulgate clean water price brackets in their respective localities, suitable to the price bracket promulgated by the FinanceMinister. 3.Water supplyunitsshallthemselves decidethe prices uf clean water used for other purposes, ensuring their suitability with the water price schemes already approved by provincial-level People's Committees. 4. Cleanwaterwholesale prices areagreedupon 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 © VIETNAM LAW & LEGAL FORUM Issue no xx/August 2007 (Gong Bao nos 524-525/August 2, 200l) OFFICIAL GAZETTE 23 organization of negotiationson pricesaccordingto law. ChapterVI RIGHTSANDOBLIGATIONS OF WATER SUPPLY UNITSANDWATER·USING CUSTOMERS Article 55.- Rights and obligations of water supplyunits 1.Watersupply units have the following rights: aITo do business in water supply accordingto regulations, to be allowed to enter water-using customers'premisesforthemaintenance, repairand replacement of water supply equipment, water pipelines and watermeters; blTorequestcompetentstateagencies to amend aud suppleuieut norms and technical standards relatedto water supplyactivities; cl To contribute opinions to the formulation of watersupply planningsin localities; d/ To be compensated for damage caused by water-using customers in accordance with law; el Other rights providedfor by law. 2. Water supply units have the following obligations: at To comply with the process and regulations on operationof water supplysystems; b/ To handle incidents and restore the water supply; c/ To comply with legal provisions on water resourcesand environmental protection; d/ Toinvest in the installation of pipelinesto the connection points,including watermeters, forwater usingcustomers,except otherwiseagreedupon; efToprotectwatersourcesafety, builduphygiene protection zones for water outlets, water supply workssystemsaccordingto regulations; flTo providewatersupplyservices tocustomers, meetingthenormsandtechnical standards ofservice quality according toregulations; glTo sendextraordinary reportsuponrequestand periodical reportsaccordingto regulationsto local aUlllillistratiuns and central and local water supply state management bodies; hi To pay compensation for damage they have caused to water-using customers accordingto law; iJOther obligations providedfor by law. Article 56.- Rights andobligations ofwater-using customers l. 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; bl To request water supply units to promptly restore the water supply upon the occurrence of incidents; cl Tobe suppliedwithor briefedon information on water supplyactivities; d/ To be compensated for damage caused by water supplyunitsunder the provisionsof law; e/ To request water supply units to inspect the service quality, the accuracy of water measuring equipmentand the payablewater charges; fl To complain about or denounce violationsof the lawon watersupplycommittedby watersupply unitsor involvedparties; gj Otherrightsprovidedfor by law. 2. Water-using customers have the following obligations: aITo pay water charges in full and on time and to fulfill other agreements in water supply service contracts; bl To use waterthriftily; cl To promptly notify water supply units of detected abnormal signs of possible water supply © VIETNAM LAW & LEGAL FORUM 24 OFFICIAL GAZETTE Issue no xxlAugust 2007 (C6ng Bao nos 524-5251August 2, 2007) 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; e/ To ensure that their water-using equipment meet the norms and technicalstandardsand suitthe technical properties of equipment of water supply units; fl To pay compensation for damage they have caused to water supply units and relevant organizationsor individualsundertheprovisionsof law; gj Other obligations providedfor by law. Chapter VII ASSURANCE OF WATER SUPPLY SAFETY Article S7.- Protectionof water supply systems 1.Administrations atalllevels,organizations and individualsshallcoordinatewithwater supplyunits in protecting safety for the water supplysystems in their localities. 2. Water supply units have the tasks to organize forcesto protect safetyfor the watcr supplysystems under their respective management. 3. Organizationsandindividualswishingto visit or study water supply works must be permitted by water SUPPlY units. Article58.- Stabilization of watersupplyservices 1.Water supply units have the tasks to organize thesafe productionand thestableprovisionof water supply services for water-using customersin terms of water quality, prE'SSlIfe, flow and continuity in accordance with technical standards and signed water supply service contracts. 2. Upon the occurrence of incidents on water supply systems: aIWatersupplyunitsshallpromptlynotifywater using customers thereof so that the latter take measures to reserve water during the restoration of water supply services; b/Water supplyunitsshallpromptlynotifytraffic managementagenciesand may take the initiativein addressing the incidents in order to ensure water supply safety and, at the same time, ensure traffic safetyatplaceswheretheincidentsoccurandrestore the ground according to regulations; cI If the incident-addressingduration prolongs, water supply units shall coordinate with local administrations in applyingmeasuresto temporarily supply water, meeting the minimum daily-life demand of people in affected areas. Article 59.- Fire-fightingwater Fireplug systemsmust be installed according to regulations. Fireplugsmust be alwayssuppliedwith water withminimumpressurecalculatedaccording 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 OFWATER SUPPLY Article 60.- Responsibilities for state managementof water supply 1.TIleGovernmentshallperformthe unifiedstate 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: aI To study and formulate mechanisms and © VIETNAM LAW & LEGAL FORUM Issue no xx/August 2007 (G6ng Bao nos 524-525!August 2,2007) OFFICIAL GAZETTE 25 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; blTo 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; cl To promulgate regulations, standards, econo technical norms on water supply in urban centers and industrial parks; df To guide, direct and inspect urban and industrial-park water supply activities nationwide. 3. The Ministry of Agriculture and Rural Development shall perform the function of state management of water supply acuvities in ruralareas: at 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; blTo formulate and submit to the Prime Minister for promulgation and organize the implementation of national programs on rural water supply; cl To promulgate regulations, standards and techno-economic norms on rural water supply; dlTo guide, direct and inspect rural water supply activities nationwide. 4.The HealthMinistry shall perform the tunction 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: at To study and formulate mechanisms and policies to encourage and mobilize domestic and foreign investment capital sources for water supply works; bl To act as coordinator in mobilizing official development assistance (aDA) capital sources for investment in water supplydevelopment in the order of priorities already approvedby the Prime Minister. 6. The Finance Ministry: atTo perform the unified financial management of the aDA capital sources for investment in water supply development; bl 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 People's 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 People's Committees. Construction Services of provinces and Communications and Public Works Services of centrally run cities shall act as professional advisory bodies, assisting provincial level People's Committees in performing the state management of urban and industrial-park water supply; pr()vinci"l/mnnicipal Services of Agriculture and Rural Development act as professional advisory bodies, assisting provincial level People's Committees in performing the state management of rural water supply in their localities. © VIETNAM LAW & LEGAL FORUM 26 OFFICIAL GAZETTE I••uo no xxlAuguot 2001 (Gong Baa nos 524-525/August 2, 2007) 9. People's 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, People's 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 prevision agreements of water supply units in areas under their management, ensuring adequate water supply services and meeting communities' demands for water use. Article6],- Inspection and examination 1. Construction specialized inspectorates shall conduct specialized inspection of urban and industrial-park water supply. 2.Agriculture and rural development specialized inspecrorates 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 ,urr1y. 4. The inspection of water supply activities complies with the law on inspection. Article 62.- Settlement of complaints and denunciations I. 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 managementbodies in charge of water supply. Upon the issuance of decisions on settlement ofcomplaints or denunciations III water supply activities by competent state management bodies or effective court rulings, such decisions and rulings shall be complied with. Article63.- 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 mpply activities cause damage to the interests of the State, the lawful rights and interests of organizations or individuals, violators shall pay compensation therfor, ChapterIX IMPLEMENTATION PROVISIONS 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; bl 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. © VIETNAM LAW & LEGAL FORUM Issue noxx1August 2007 (C6ng Bao nos 524-525/August 2,2007) OFFICIAL GAZETTE 27 2. Provincial/municipal People's Committees shall: at 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; rJ Organi re 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. Article 65.- Implementation effect 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 ofministerial-level agencies, heads ot government-attached agencies, presidents of provincial/municipal People's Committees, and relevant organizations and individuals shall implement this Decree. On beltalfofthe Government PrimeMinister NGUYEN TANDUNG © VIETNAM LAW & LEGAL FORUM