Decree No. 124/2011/ND-CP Amending and Supplementing Certain Provisions of Decree No. 117/2007/ND-CP dated July 11, 2007 of the Government on Water Production, Supply, and Consumption

 DECREE

AMENDING AND COMPLEMENTING CERTAIN PROVISIONS OF THE DECREES NO. 117/2007/NĐ-CP ON WATER SUPPLY, DISTRIBUTION AND CONSUMPTION ISSUED ON JULY 11, 2007 BY THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Urban Planning Law dated June 17, 2009;

Pursuant to the Construction Law dated November 26, 2003;

Considering the proposal of the Minister of Construction;

DECREE:

Article 1. Amending and supplementing certain articles of Decree No. 117/2007/ND-CP dated July 11, 2007 of the Government on production, supply, and consumption of clean water as follows:

1. Supplement Clause 3 of Article 6 as follows:

"Article 6. Land Use in Water Supply Activities

3. Water supply units are exempted from land use fees and land rental fees for water supply works including: water extraction, treatment facilities, pipelines, and works on the water supply pipeline network; supporting management and operation facilities of the water supply system (administrative buildings, management and control centers, workshops, material and equipment warehouses)."

2. Point b Clause 2 Article 12 shall be amended and supplemented as follows:

"Article 12. Subjects to Prepare Water Supply Planning

2. Water supply planning shall be organized as a separate planning project in the following cases:

b) Urban water supply planning: for central cities (and other urban areas if deemed necessary) to concretize the water supply orientation determined in the overall urban planning."

1. Criteria for evaluating managers who have excellently completed tasks Managers who are evaluated as having excellently completed tasks must meet all of the following criteria:

"Article 13. Stages and Time Limit for Preparing Regional Water Supply Planning Projects

1. The stage of regional water supply planning follows the stages of regional construction planning.

2. The time limit for preparing regional water supply planning projects shall not exceed 18 months, starting from the date the planning task is approved by the competent authority."

4. Article 21 shall be amended and supplemented as follows:

"Article 21. Stages and Time Limit for Preparing Urban Water Supply Planning Projects

1. The stage of urban water supply planning follows the stages of overall urban planning.

2. The time limit for preparing urban water supply planning projects shall not exceed nine months, starting from the date the planning task is approved by the competent authority."

5. Article 22 shall be amended and supplemented as follows:

"Article 22. Content of Urban Water Supply Planning Tasks

1. Content of urban water supply planning tasks:

a) Determining the necessity, scope, and objectives of urban water supply planning;

b) Determining basic criteria, standards, and regulations to be applied;

c) Research requirements regarding environmental changes; water quality, reserves, and exploitation capabilities of water sources; specific requirements for urban water supply planning;

2. Diagrams showing location, boundaries, and relationships within the region; scale 1/50,000 to 1/250,000.

3. The time limit for preparing the urban water supply planning task shall not exceed two months from the date the consulting contract is signed between the planning organization or the investor and the consulting organization."

6. Article 24 shall be amended and supplemented as follows:

"Article 24. Content of Urban Water Supply Planning Projects

1. Evaluation of the current water supply system: extraction capacity, efficiency, water quality, pressure, connection ratio, loss ratio, and assessment of the operational status of water supply facilities and pipeline networks.

2. Specific evaluation of surface water and groundwater reserves and their exploitation capabilities for water supply.

3. Determination of water supply standards for various uses and needs.

4. Selection of specific water supply sources, determination of needs; zoning of water supply and determination of land requirements for water supply facilities.

5. Determination of the water supply pipeline network (primary and secondary networks), locations, and capacities of water supply facilities.

6. Determination of priority investment programs and projects, preliminary total investment estimates, and anticipated resources for implementation.

7. Proposals for regulations to protect water sources and the water supply system.

8. Strategic environmental assessment."

7. Clause 1 Article 25 shall be amended and supplemented as follows:

"Article 25. Documentation for Urban Water Supply Planning Projects

1. Drawings:

a) Map of location and relationship within the region; scale 1/50,000 to 1/250,000;

b) Map of the current urban water supply system; scale 1/10,000 to 1/25,000;

c) Map of surface and groundwater sources and their exploitation capabilities; scale 1/10,000 to 1/25,000;

d) Map of urban water supply planning; scale 1/10,000 to 1/25,000."

8. Clause 3 Article 30 shall be amended and supplemented as follows:

"Article 30. Encouragement, Preferential Treatment, and Investment Support

3. State support for investment projects in water supply construction includes:

a) Investment in infrastructure outside the fence such as electricity and roads;

b) Compensation costs and land clearance when implementing water supply projects in urban areas;

c) Compensation costs and land clearance, and part of the construction investment costs when implementing water supply projects for particularly difficult regions with water sources, ethnic minorities, mountainous areas, and islands;

d) Priority use of preferential financial sources for water supply investment projects without distinction of user groups;

đ) Priority support for post-investment interest rates for water supply projects using commercial loans."

9. Abolish the provision at Clause 2 Article 42.

10. Clause 1 Article 51 shall be amended and supplemented as follows:

"Article 51. Principles for Setting Water Prices

1. Clean water prices must accurately cover all reasonable production costs during the production and distribution of clean water (including maintenance connection costs) to ensure the rights and legitimate interests of water supply units and water users."

11. Add Clause 6 Article 52 as follows:

"Article 52. Basis for Establishing and Adjusting Water Prices

6. In accordance with the price adjustment schedule approved by the provincial People's Committee."

12. Remove the phrase "Department of Transport and Public Works" in Clause 2 Article 18, Clause 2 Article 26, and Clause 8 Article 60.

Article 2. Transitional Provisions

For water supply units currently collecting water fees according to Clause 2 Article 42 Decree No. 117/2007/NĐ-CP, they will continue to do so until the next water price adjustment.

Article 3. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from February 20, 2012.

2. The Minister of Construction is responsible for guiding, organizing the implementation, and supervising the enforcement of this Decree.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.