Circular No. 09/2020/TT-BTC on the framework for prices of other water resources products and services

CIRCULAR

FRAMEWORK PRICES FOR OTHER WATER RESOURCES PRODUCTS AND SERVICES

Pursuant to the Law on Prices dated June 20, 2012;

Pursuant to the Law on Irrigation dated June 19, 2017;

Pursuant to Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;

Pursuant to Decree No. 149/2016/NĐ-CP dated November 11, 2016 of the Government amending and supplementing certain articles of Decree No. 177/2013/NĐ-CP dated November 14, 2013 of the Government detailing and guiding the implementation of certain provisions of the Law on Prices;

Pursuant to Decree No. 96/2018/NĐ-CP dated June 30, 2018 of the Government detailing prices for water resources products and services and financial support for the use of public utility water resources products and services;

Pursuant to Decree No. 87/2017/NĐ-CP dated July 26, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Based on the proposal of the Ministry of Agriculture and Rural Development at Circular No. 4777/BNN-TCTL dated July 8, 2019 regarding the pricing of water resources products and services in 2019;

At the proposal of the Director of the Price Management Department;

The Minister of Finance hereby issues this Circular prescribing the framework prices for other water resources products and services as follows:

Article 1. Scope of Regulation

This Circular prescribes the framework prices for other water resources products and services as provided for in Point b Clause 2 Article 35 of the Water Resources Law and Point a Clause 1 Article 20 of Decree No. 96/2018/NĐ-CP dated June 30, 2018 of the Government detailing prices for water resources products and services and financial support for the use of public utility water resources products and services.

Article 2. Applicability

This Circular applies to organizations and individuals within and outside Vietnam participating in water resources activities on Vietnamese territory, including owners of water resources works; managers of water resources works; organizations and individuals exploiting water resources works; organizations and individuals using water resources products and services, and other related organizations and individuals.

Article 3. Framework Prices for Other Water Resources Products and Services

1. Framework prices for other water resources products and services:

2. The framework prices for other water resources products and services prescribed in Clause 1 of this Article do not include value-added tax as prescribed and are determined under normal weather conditions (without natural disasters, fires, and other abnormal conditions).

Article 4. Adjustment of Framework Prices for Water Resources Products and Services

1. The implementation of adjustments to the framework prices and specific prices for other water resources products and services shall be carried out in accordance with Decree No. 96/2018/NĐ-CP dated June 30, 2018 of the Government detailing prices for water resources products and services and financial support for the use of public utility water resources products and services, and relevant laws and regulations.

2. The construction and submission of price plans for the Ministry of Finance to prescribe and announce the framework prices for water resources products and services shall be carried out in accordance with current laws.

Article 5. Management and use of funds derived from supplying other water management products and services

1. When collecting fees for supplying other water management products and services, units shall issue invoices in accordance with current laws on sales invoices and service provision.

2. After fulfilling obligations to the state budget as prescribed by law, the remaining portion of revenue from supplying other water management products and services shall be retained by the unit for use in accordance with the law.

Article 6. Implementation Organization

1. Based on the price framework stipulated in Article 3 of this Circular and taking into account the payment capacity of consumers, the Ministry of Agriculture and Rural Development shall determine specific prices for other water management products and services within its jurisdiction; the People's Committee of provinces and centrally-administered cities shall decide on specific prices for other water management products and services within their jurisdiction after being approved by the People's Councils at the same level. In cases where other water management products and services are subject to value-added tax, the Ministry of Agriculture and Rural Development and the People's Committees of provinces and centrally-administered cities shall set specific prices for such products and services including value-added tax as prescribed by current tax laws.

2. The specific prices for other water management products and services determined by the Ministry of Agriculture and Rural Development and the People's Committees of provinces and centrally-administered cities shall not be lower than the minimum price or higher than the maximum price specified in this Circular.

3. The Ministry of Finance shall review and supplement the price framework for other water management products and services in this Circular based on the proposals of the Ministry of Agriculture and Rural Development and the People's Committees of provinces and centrally-administered cities in accordance with the Water Law and Decree No. 96/2018/NĐ-CP dated June 30, 2018 of the Government detailing the pricing of water management products and services and financial support for the use of public utility water management products and services.

Article 7. Effective Date

1. This Circular shall take effect from April 3, 2020.

2. During implementation, if there are any difficulties, organizations and individuals are requested to promptly report them to the Ministry of Finance for study and resolution.