Decree No. 80/2014/ND-CP on Drainage and Wastewater Treatment

DECREE

On Drainage and Wastewater Treatment

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

Pursuant to the Law on Construction promulgated on June 18, 2014;

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

Pursuant to the Environmental Protection Law on June 23, 2014;

On the basis of the Law on Water Resources dated June 21, 2012;

Considering the proposal of the Minister of Construction,

The Government promulgates the Decree on Drainage and Wastewater Treatment.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree stipulates activities related to drainage and wastewater treatment in urban areas, industrial zones, economic zones, export processing zones, high-tech parks (hereinafter referred to as industrial zones), and concentrated rural residential areas; rights and obligations of organizations, individuals, and households involved in drainage and wastewater treatment activities within the territory of Vietnam.

2. This Decree applies to organizations, individuals, and households within the country; foreign organizations and individuals engaged in drainage and wastewater treatment activities within the territory of Vietnam.

Article 2. Interpretation of Terms

1. Activities related to drainage and wastewater treatment include planning, design, investment construction, management, and operation of drainage systems.

2. Drainage and wastewater treatment services (hereinafter referred to as drainage services) are activities related to the management and operation of drainage systems to meet requirements for stormwater drainage, wastewater discharge, and wastewater treatment in accordance with the provisions of the law.

3. Costs of drainage and wastewater treatment services (hereinafter referred to as drainage service costs) are expenses incurred to perform tasks of collecting, discharging stormwater, and collecting and treating wastewater in areas where drainage services are provided.

4. Price of drainage and wastewater treatment services (hereinafter referred to as drainage service price) is the total production cost accurately calculated and a reasonable profit margin for each cubic meter of wastewater (1m³) to carry out drainage and wastewater treatment tasks.³to perform wastewater drainage and treatment tasks.

5. A drainage entity is an organization providing management and operation services of drainage systems under a management and operation contract.

6. A drainage household is an organization, individual, or household residing and operating within the territory of Vietnam that discharges wastewater into the drainage system.

7. Wastewater is water that has been altered in characteristics due to its use or human activities discharged into the drainage system or released into the environment.

8. Domestic wastewater is wastewater generated from daily human activities such as eating, washing, bathing, personal hygiene...

9. Other wastewater is used water that is not domestic wastewater.

10. The drainage system includes a network of drainage infrastructure (pipes, sewers, canals, ditches, reservoirs...), stormwater pumping stations, wastewater pumping stations, wastewater treatment facilities, and other auxiliary structures aimed at collecting, conveying, discharging stormwater and wastewater, preventing flooding, and treating wastewater. The drainage system is divided into the following types:

- A combined drainage system is one in which stormwater and wastewater are collected in the same system;

- A separate drainage system is one where stormwater and wastewater are collected separately;

- A semi-separate drainage system is a combined drainage system with a bypass sewer line to separate wastewater and convey it to the wastewater treatment plant.

11. The stormwater drainage system includes a network of sewers, canals, and ditches for collecting and conveying stormwater, reservoirs, stormwater pumping stations, stormwater intake gates, stormwater wells, discharge outlets, and other auxiliary structures aimed at collecting and discharging stormwater.

12. The wastewater drainage system includes a network of sewers, flow separation wells, pipelines for collecting and conveying wastewater, wastewater pumping stations, wastewater treatment plants, discharge outlets, and other auxiliary structures aimed at collecting, discharging, and treating wastewater.

13. A bypass sewer is a pipeline that transports wastewater from flow separation wells to collect all wastewater when there is no rain and part of the mixed wastewater during rain in a combined drainage system from different watersheds and conveys it to the pumping station or wastewater treatment plant.

14. A regulating reservoir is a natural or artificial lake that receives stormwater and regulates the discharge of stormwater for the drainage system.

15. An intake point is the point where drainage households discharge water into the drainage system.

16. A discharge point is the location where water is discharged from the drainage system into the receiving water body.

17. A drainage watershed is a defined area where stormwater or wastewater is collected into the drainage network and conveyed to the wastewater treatment plant or discharged into the receiving water body.

18. A receiving water body is a permanent or periodic flowing water source such as rivers, streams, canals, ponds, lakes, lagoons, seas, underground water layers.

19. Specialized drainage and wastewater treatment planning (hereinafter referred to as drainage planning) involves determining drainage watersheds (stormwater, wastewater), drainage zones; forecasting total stormwater and wastewater volumes; identifying receiving water bodies; determining the locations and scales of drainage networks, key drainage works, and wastewater treatment works (such as pumping stations, wastewater treatment plants, discharge outlets).

20. COD (Chemical Oxygen Demand) is the amount of oxygen required to oxidize chemical compounds in water, including both inorganic and organic substances.

21. Sludge is organic or inorganic sludge dredged and collected from septic tanks, collection and conveyance networks, regulating reservoirs, canals, stormwater intake gates, stormwater wells, stormwater pumping stations, wastewater pumping stations, discharge outlets, and wastewater treatment plants.

Article 3. General Principles for Drainage Management and Wastewater Treatment

1. Urban drainage services and concentrated rural residential area drainage services are public utility activities that the State prioritizes, encourages investment in to meet drainage and wastewater treatment requirements and ensure sustainable development.

2. Polluters must pay for pollution treatment; revenues from drainage and wastewater treatment services must gradually cover and ultimately compensate for drainage service costs.

3. Rainwater and wastewater shall be collected; wastewater must be treated to meet technical standards as prescribed.

4. Hazardous wastewater must be managed in accordance with regulations on hazardous waste management and other relevant laws.

5. The drainage system shall be constructed in a coordinated manner, maintained, and serviced. Priority shall be given to using environmentally friendly wastewater treatment technologies that are suitable for local economic and social conditions. Drainage and wastewater treatment must ensure safety according to current technical standards and regulations.

6. Investment projects for constructing drainage systems related to road infrastructure structures must have plans to ensure traffic safety, road construction safety, and restoration to original condition or recovery if road facilities are damaged.

7. Investment projects for constructing technical infrastructure works related to drainage systems must have plans to ensure normal and stable operation of the drainage system.

8. Mobilize community participation in investment, management, and operation of drainage systems.

1. Wastewater discharged from urban drainage systems, industrial zones, and concentrated rural residential areas into receiving water bodies must comply with environmental technical standards issued by the Ministry of Natural Resources and Environment.

2. Wastewater discharged from factories within industrial zones into centralized drainage systems of the industrial zone must comply with current regulations on industrial zone environmental management and drainage management regulations within the industrial zone.

3. Wastewater discharged from households in concentrated rural residential areas into drainage systems in rural areas must comply with current regulations on concentrated rural residential area environmental protection and local drainage system management regulations.

4. Wastewater discharged from households and industrial zones into urban drainage systems must comply with technical standards for wastewater discharged into urban drainage systems as prescribed by competent state authorities. The Ministry of Construction issues technical standards for wastewater discharged into urban drainage systems.

5. In cases of decentralized wastewater treatment, based on the receiving water body's capacity and intended use, the Ministry of Natural Resources and Environment shall issue technical standards for decentralized wastewater treatment discharged into receiving water bodies to apply appropriate small-scale wastewater treatment solutions with simple technology, meeting necessary wastewater cleaning levels, facilitating management, operation, and maintenance of the system.

6. Wastewater discharged from urban drainage systems, industrial zones, and concentrated rural residential areas into irrigation works must comply with discharge standards into irrigation works as prescribed by competent state authorities. The Ministry of Agriculture and Rural Development issues technical standards for wastewater discharged into irrigation works.

Article 5. Drainage Planning

1. Urban drainage planning is a component of the general urban planning, district planning, and detailed urban planning. For centrally-administered cities, drainage planning is a specialized planning project established separately to concretize urban drainage planning within the approved general urban planning. For provincial capitals (from category 3 upwards), if the drainage planning within the approved urban planning does not meet the conditions for investment projects to construct drainage systems and attract investments, the provincial People's Committee shall consider and decide on establishing specialized drainage planning as a basis for implementation. The tasks of specialized drainage planning must clearly define the following contents: scope and boundaries; economic and technical indicators, applicable technical standards; determination of drainage basins and zones; receiving sources, forecasting total drainage volume, drainage network, and scale and location of drainage works.

2. Industrial zone drainage planning is a component of the general construction planning for industrial zones. The basic content of industrial zone drainage planning includes: comprehensive assessment of current stormwater drainage and industrial wastewater collection; forecasting total rainfall and wastewater volumes; determining drainage networks, receiving sources, environmental pollution levels, locations and scales of wastewater treatment plants, and appropriate wastewater treatment technologies for the characteristics of the industrial zone.

3. Rural concentrated residential area drainage planning is a component of rural construction planning. The basic content of rural concentrated residential area drainage planning includes: forecasting total rainfall and wastewater volumes; determining drainage networks; determining locations and scales of pumping stations, wastewater treatment plants, prioritized projects, and phased investment according to each planning stage.

4. The establishment, review, and approval of drainage planning tasks must comply with the provisions of the Urban Planning Law, Construction Law, and other relevant regulations.

Article 6. Elevation Management Related to Drainage

1. Urban Ground Elevation Management:

a) Urban ground elevation determined in the construction planning scheme according to the national standard elevation system must ensure stormwater and wastewater discharge requirements and be approved by the competent authority;

b) The construction planning management agency at the appropriate level has the responsibility to manage and provide information about urban ground elevations to organizations, individuals with needs;

c) Organizations, individuals, and households investing in construction projects must comply with the urban ground elevations provided;

d) The competent authority responsible for reviewing basic design, issuing construction permits has the responsibility to check the consistency between the construction project's designed elevation and the urban ground elevation.

2. Elevation Management of the Drainage System:

The drainage unit is responsible for:

a) Determining and managing the water level elevations of flood control reservoirs, drainage canals to ensure maximum drainage capacity, water regulation, flood prevention, and environmental protection;

b) Managing the elevations of main sewers and sewage collection sewers;

c) Providing drainage system elevations to organizations and individuals with requests.

3. Agencies and units entrusted with the management of rivers, lakes, canals related to urban drainage have the responsibility to coordinate with drainage units to ensure drainage requirements and prevent urban flooding.

Article 7. Provisions on the management of local drainage activities

1. The provisions for managing local drainage activities must comply with current regulations on drainage management and wastewater treatment while also being suitable to the specific conditions of each locality.

2. The basic contents of the provisions for managing local drainage activities include:

a) Scope of regulation and objects of application;

b) Local drainage system;

c) Determination of ownership;

d) Provisions on service standards, provisions on connection and exemption from connection; responsibilities and rights of investors, of drainage households; financial obligations related to connection work, local policies supporting investment construction and operation management of the drainage system;

đ) Provisions on conditions and technical standards for discharging wastewater;

e) Provisions on sludge management of the drainage system; sludge from septic tanks;

g) Provisions on centralized and decentralized wastewater treatment;

h) Provisions on investment, construction, management, and operation of the drainage system;

i) Provisions on management and operation contracts;

k) Provisions on responsibility for establishing, managing, exploiting, and using the database of the drainage system within the area;

l) Provisions on the responsibility to report on drainage activity situations, investment construction projects for the drainage system and wastewater treatment;

m) Provisions on the responsibilities, rights, and obligations of relevant parties.

3. The People's Committee of the province shall organize the establishment and approval of the provisions for managing local drainage activities.

Article 8. Community Participation

1. Implement supervisory functions regarding investment construction, management, and operation of the drainage system according to the provisions of the law.

2. Carry out connection to the drainage system according to the regulations.

3. Detect, prevent, and recommend competent authorities to handle violations of the law in drainage activities.

Article 9. Propaganda, Dissemination, and Legal Education on Drainage

1. Ministries, agencies at the level of ministries, government agencies, People's Committees at all levels, drainage units within their scope of responsibility shall cooperate with mass media agencies, social organizations, mass organizations, and schools to organize the dissemination, education, and guidance of the people to protect drainage works and comply with legal regulations on drainage.

2. Political organizations, socio-political organizations, socio-political occupational organizations within their scope of responsibility shall cooperate with state management agencies on drainage to propagate and mobilize the people to strictly comply with legal regulations on drainage.

Chapter II
INVESTMENT AND DEVELOPMENT OF THE DRAINAGE SYSTEM

Article 10. Owners of Drainage Works

1. The People's Committee of the province is the owner or delegates, decentralizes to the People's Committee of the district, commune as the owner of the drainage system:

a) Invested from state budget funds;

b) Received handover from business organizations, new urban development organizations;

c) Received handover from organizations and individuals who invested capital to operate the drainage works for a limited period.

2. Business organizations, new urban development organizations, industrial park management organizations are the owners of the drainage systems within the new urban areas and industrial parks they manage until handover according to regulations.

3. Organizations and individuals are the owners of drainage works they have invested capital in or until they hand over to the People's Committee of the province.

Article 11. Investors of Drainage Works

1. The People's Committee at the level of management or the drainage unit assigned shall be the investor for constructing drainage works using state budget funds within their jurisdiction.

2. The investor of the drainage system for concentrated rural residential areas funded from the state budget is the Rural Construction Management Board decided by the People's Committee of the commune. For projects with high technical requirements that require specialized expertise beyond the capacity of the Rural Construction Management Board, the People's Committee of the district shall assign a competent entity to act as the investor, with the participation of the People's Committee of the commune.

3. The entity assigned to operate and develop industrial zones and new urban areas is the investor for drainage works within its jurisdiction.

4. Organizations and individuals are investors for drainage works they fund themselves.

5. For drainage works funded by community contributions, the representative investor is determined by the community.

Article 12. Investment Development Plan for Drainage

1. The investment development plan for drainage includes solutions and investment plans, specific tasks aimed at ensuring stormwater discharge, wastewater collection and treatment, enhancing service coverage, and improving service quality.

2. The investment development plan for drainage must align with approved construction planning and drainage planning, and coordinate with relevant localities.

3. Responsibilities for drafting, reviewing, and approving the investment development plan for drainage:

a) The Department of Construction leads and coordinates with relevant agencies to draft the local investment development plan for drainage;

b) The Department of Planning and Investment leads and coordinates with the Department of Finance to review the local investment development plan for drainage, and submit it to the Provincial People's Committee for approval.

Article 13. Sources of Investment Funds

Drainage systems for cities, industrial zones, and concentrated rural residential areas are funded from the state budget and other lawful sources. The State encourages and creates conditions for various economic sectors to participate in funding the construction of part or all of the drainage systems in accordance with approved construction planning and drainage planning.

Article 14. Investment Projects for Constructing Drainage Works

1. The establishment, review, approval, and implementation of investment projects for constructing drainage works must comply with the provisions of this Decree and other relevant laws on investment and construction.

2. Depending on the characteristics and scale of the project, consulting organizations when researching and establishing investment projects for constructing centralized drainage works that address basic issues of stormwater discharge and wastewater collection and treatment in cities must undertake:

a) Conducting social surveys, community consultations to assess the current living standards, capabilities, and willingness to connect to the drainage system, and fulfill payment obligations for drainage services of residents in the project area; simultaneously informing residents about project information, post-completion service quality, and involving them in decision-making and monitoring processes;

b) The selection of technical solutions, technology, and capacity scales, and determination of total investment costs for the project must be considered in conjunction with management and operation costs to ensure the overall economic efficiency of the project;

c) Investment projects for constructing drainage works must be implemented comprehensively from building wastewater treatment plants, collection networks, conveyance systems to connection boxes across the entire service range of the drainage system.

Article 15. Preferential Policies and Support for Investment

Urban drainage and wastewater treatment projects in concentrated rural residential areas invested in and constructed by organizations and individuals shall be supported as follows:

1. They shall enjoy preferential benefits on land use fees and land lease fees in accordance with the provisions of the law.

2. They shall be supported in constructing technical infrastructure works outside the fence using local government budget funds.

3. Other preferential benefits and support shall be provided in accordance with current regulations.

Article 16. Criteria for Selecting Wastewater Treatment Technologies

1. The effectiveness of the technology: Ensuring the necessary level of wastewater cleaning, taking into account the self-cleaning capacity of the receiving water body.

2. Land-saving construction.

3. Management, operation, and maintenance suitable for the management and operational capabilities of the locality.

4. Reasonable investment costs, including those dependent on imported technologies.

5. Suitability to the specific climatic, topographic, and hydrogeological conditions of the area and the load-bearing capacity of the receiving water body.

6. Safety and environmental friendliness.

7. Possibility of future expansion in capacity or improvement in treatment efficiency.

8. Ensuring stable operation when there are unexpected changes in the quality of incoming water, weather, and climate change.

9. The degree of sludge generation and treatment.

10. Energy savings, with the ability to reuse treated wastewater and sludge.

Based on specific conditions, the provincial People's Committee decides on the application of selection criteria appropriately.

Chapter III
MANAGEMENT AND OPERATION OF DRAINAGE SYSTEMS

Article 17. Selection of Drainage Units

1. For urban drainage systems and concentrated rural residential areas funded by state budget capital, the selection of drainage units shall comply with current laws governing the provision of public utility products and services.

2. Organizations and individuals engaged in developing new urban areas and industrial zones organize the management and operation of drainage systems they have invested in until their transfer to the provincial People's Committee as stipulated.

3. Drainage units must have the necessary human resources, equipment, and technical means to fulfill the requirements and tasks of managing and operating stormwater and wastewater drainage systems.

4. Owners of drainage systems organize the selection of drainage units within their managed areas.

Article 18. Rights and Obligations of Drainage Units

1. Drainage units have the following rights:

a) Engaging in business activities in accordance with regulations, being paid the full service fee for drainage according to the management and operation contracts signed;

b) Proposing relevant state agencies to consider amending and supplementing normative legal documents, technical standards, and economic and technical norms related to drainage and wastewater treatment activities;

c) Participating in the preparation of drainage planning in their respective areas;

d) Being compensated for losses caused by related parties in accordance with the law;

đ) Other rights as prescribed by law.

2. Drainage units have the following obligations and responsibilities:

a) Managing assets invested from the owner's capital of drainage and wastewater treatment works according to the management and operation contracts signed;

b) Establishing and implementing management and operation procedures for drainage systems;

c) Handling emergencies and restoring drainage and wastewater treatment operations;

d) Establishing databases, managing households connected to drainage systems under their management; coordinating with water supply units or directly organizing the collection of drainage service fees as prescribed;

đ) Implementing environmental protection laws;

e) Providing connection information to interested parties;

g) Ensuring safety, efficiency, and cost-effectiveness in the management and operation of drainage systems and wastewater treatment facilities as prescribed;

h) Ensuring stable drainage services as prescribed;

i) Reporting regularly to owners and state management agencies responsible for drainage at both local and central levels as required;

k) Compensating for damages caused to users in accordance with the law;

l) Other obligations as prescribed by law.

Article 19. Management and Operation Contract for Sewage Systems

1. The management and operation contract for sewage systems is a legal document signed between the owner and the entity entrusted with managing and operating the sewage system.

2. Basic contents of the management and operation contract for sewage systems:

a) Parties to the contract;

b) Object of the contract;

c) Asset documentation (asset inventory, asset value) handed over by the owner to the managing and operating entity;

d) Scope and content of work;

đ) Management network documentation, drainage works, sewage system management and operation procedures, and technical requirements;

e) Service standards;

g) Contract value; adjustment of contract value;

h) Payment terms, payment methods;

i) Obligations and rights of the parties involved.

3. Duration of the management and operation contract for sewage systems:

The management and operation contract for sewage systems has a minimum term of five years and a maximum term of ten years. In cases where the contract needs to be extended, at least one year before the end of the contract term, the parties must negotiate and sign an extension agreement.

4. Termination of the management and operation contract for sewage systems:

a) One of the parties breaches the contract commitments;

b) Upon expiration of the contract term, if one of the two parties does not wish to extend the contract;

c) Force majeure or other reasons specified in the contract;

d) Other termination cases as stipulated by current laws.

5. Acceptance and payment under the management and operation contract for sewage systems:

a) The management and operation contract for sewage systems is paid periodically according to the agreement;

b) Payment method is agreed upon by both parties;

c) If payment is delayed more than fifteen days beyond the agreed term in the management and operation contract for sewage systems, the sewage entity shall be entitled to the highest interest rate of the bank where the transaction account is opened at the time of payment for the overdue amount;

d) The owner of the sewage facility is responsible for organizing supervision, acceptance, and payment to the sewage entity according to the management and operation contract for sewage systems;

đ) The management and operation contract for sewage systems is paid from the revenue of sewage service fees, annual budget of the sewage facility owner, and other sources.

6. Assignment of the management and operation contract for sewage systems:

The sewage entity is permitted to assign part or all of its obligations and benefits in the management and operation contract for sewage systems to a third party with the consent of the sewage facility owner.

7. The Ministry of Construction shall issue a model management and operation contract for sewage systems.

Article 20. Management of Stormwater Drainage Systems and Rainwater Reuse

1. Management of stormwater drainage systems:

a) Management of stormwater drainage systems includes managing facilities from rainwater intake points, stormwater conduit lines, main drainage channels, reservoirs, flood control pumping stations, flow regulation gates, tidal barriers (if applicable), to discharge points into the environment;

b) Conduits, channels, manholes must be regularly dredged, maintained, and serviced to ensure designed flow rates. Regularly inspect and maintain manhole covers, intake points, and discharge points. Periodically inspect and evaluate the quality of conduits and facilities within the network to propose replacement and repair plans;

c) Establish a stormwater drainage system management process that meets technical management and operation requirements;

d) Propose development plans for stormwater drainage networks by watershed.

2. Regulations on rainwater reuse:

a) Encourage the reuse of rainwater for various needs, contributing to reducing flooding, conserving water resources, and minimizing the exploitation and use of groundwater and surface water;

b) Organizations and individuals investing in equipment and technology for rainwater treatment and reuse are supported with preferential loans and other incentives as prescribed by law;

c) Rainwater reuse for different purposes must comply with relevant water quality standards and technical regulations.

Article 21. Management of Flood Control Reservoir Systems

1. The management of flood control reservoir systems within drainage systems aims to store rainwater while creating an ecological landscape environment for recreational activities, aquaculture, tourism, and other purposes.

2. The use and exploitation of flood control reservoirs for recreational activities, aquaculture, tourism, and other services must be permitted by competent authorities; construction, exploitation, and utilization of flood control reservoirs must be monitored and supervised according to legal regulations.

3. Discharge of wastewater generated from production, service business operations, daily life, or other activities into flood control reservoirs must be strictly controlled according to regulations.

4. Maintain stable water levels in flood control reservoirs to ensure their effective function in regulating rainwater.

5. Regularly dredge the bottom of the reservoir, clean the reservoir bed and banks.

6. Establish management procedures and regulations for the exploitation and use of flood control reservoirs.

Article 22. Management and Operation of Sewage Drainage Systems

1. Management and operation of sewage drainage systems, including wastewater treatment plants, pumping stations, pressurized sewer lines, main structures, connection points, collection and conveyance pipelines to wastewater treatment plants, discharge points... must comply with approved management and operation procedures.

2. Contents of management and operation of sewage drainage include:

a) Regular inspection and evaluation of the quality of main structures and facilities on the drainage network; tightness and sedimentation at connection points, manholes, and pipeline sections to ensure continuous system operation, propose replacement, repair, dredging, maintenance measures, and development plans for the drainage system;

b) Regular monitoring of wastewater quality in the drainage system in accordance with environmental protection laws;

c) Establish management and operation procedures for the sewage drainage system ensuring technical requirements for management and operation as prescribed;

d) Propose development schemes for the sewage drainage system based on watersheds.

3. In cases where the drainage system is a centralized drainage system, the management of the drainage system shall be carried out as stipulated in Article 20 and Clause 1 of this Article.

Article 23. Provisions on Decentralized Wastewater Treatment

1. Decentralized wastewater treatment solutions are applied to residential areas, new urban areas, households, production and business establishments, small-scale industries, craft villages, markets, schools, resorts, or areas limited by land and terrain that cannot connect to centralized drainage systems.

2. Application of decentralized wastewater treatment solutions must achieve economic efficiency and environmental protection, reduce sources of wastewater causing pollution, and minimize direct impacts of wastewater on the environment.

3. When applying decentralized treatment solutions, future connections to centralized wastewater treatment systems must be considered and be consistent with approved planning.

4. The Ministry of Construction guides the management of decentralized wastewater treatment.

1. Utilization of treated wastewater must meet the following requirements:

a) The quality of treated wastewater must comply with technical standards and specifications prescribed for different uses, without affecting public health and ensuring environmental safety;

b) If treated wastewater is utilized, it must be distributed to consumption points through a separate system, ensuring no intrusion or impact on the clean water supply system in the same area.

2. The Ministry of Natural Resources and Environment, in coordination with relevant ministries and sectors, promulgates technical standards and specifications for the utilization of treated wastewater.

Article 25. Management of Sludge

1. Sludge must be classified for management and appropriate treatment technology selected to reduce transportation costs, treatment costs, and facilitate management and operation of landfill sites.

2. Sludge is classified as follows:

a) By origin of sludge: Sludge from drainage systems (drainage networks and wastewater treatment plants) and septic tank sludge;

b) By level of pollution of each type of sludge;

c) By hazardous threshold for sludge from water treatment processes and current relevant legal regulations.

3. Criteria for selecting sludge treatment technology:

a) Centralized, decentralized, or on-site treatment;

b) Quantity of sludge generated;

c) Characteristics of sludge;

d) Stability of treatment technology;

đ) Environmental protection requirements; economic and technical efficiency;

e) Operation and maintenance requirements;

g) Encouragement of application of sludge reuse technologies that are environmentally friendly and energy-saving, with heat recovery.

4. Collection, transportation, and treatment of drainage system sludge:

a) Sludge must be collected, stored, and transported to designated treatment locations according to planning or locations permitted by competent authorities to ensure environmental hygiene; untreated sludge discharge into the environment is not allowed. If sludge contains hazardous components, it must be managed according to hazardous waste management regulations;

b) Sludge treatment and reuse must comply with regulations on sludge management and use issued by competent state agencies and environmental protection regulations;

c) When constructing wastewater treatment plants, solutions for sludge collection and treatment must be included.

5. Suction, transportation, and treatment of septic tank sludge:

a) Sludge from households, administrative agencies, production, business, and service establishments must be regularly suctioned;

b) Suctioning and transportation of septic tank sludge must be carried out using specialized equipment meeting technical and environmental protection requirements;

c) Collected and stored septic tank sludge must be transported to locations permitted by competent authorities for treatment. Direct discharge of septic tank sludge into drainage systems or surrounding environments is strictly prohibited;

d) Treatment and reuse of septic tank sludge must comply with environmental protection regulations;

đ) Costs for suctioning, transportation, and treatment of septic tank sludge shall be borne by household owners, administrative agencies, and production, business, and service establishments according to contracts with service providers.

6. The Ministry of Construction shall guide methods for establishing and managing costs of sludge collection, transportation, and treatment services for drainage systems and septic tanks.

Article 26. Management of Discharge Points into Receiving Water Bodies

1. Discharge of wastewater into receiving water bodies must comply with legal regulations on environmental protection, water resources, exploitation and protection of hydraulic works, and related legal documents.

2. Design and construction of discharge points must ensure prevention of backflow from receiving water bodies and urban flooding impacts.

3. Wastewater discharge into receiving water bodies is uniformly managed by watershed. Provincial People's Committees shall stipulate分级管理系统对排放点的分级管理；监督本省范围内排水系统和直接向接纳水体排放污水的户的污水质量；与相关地方合作，按照水资源保护、环境保护和其他相关法律法规的规定，组织流域内排放点和排入接纳水体的污水质量的统一管理。

Article 27. Sewage Service Contract

1. A sewage service contract is a legal document signed between the sewage unit and the sewage user (excluding household users) discharging wastewater into the sewage system.

2. The sewage service contract shall include the following main contents:

a) Contract subjects;

b) Connection point;

c) Quantity and quality of wastewater discharged into the system;

d) Service quality;

đ) Rights and obligations of the parties;

e) Sewage service fee and payment method;

g) Handling of contract violations;

h) Other contents agreed upon by both parties.

3. The Ministry of Construction shall issue a model sewage service contract.

Article 28. Suspension of Sewage Services

1. For households violating regulations on sewage management, they shall be handled according to the provisions of the law. The sewage unit shall not suspend sewage services under any circumstances, except for cases stipulated in the management and operation contracts.

2. For other sewage users violating sewage regulations, the sewage unit shall notify in writing about the violation and request the sewage user to rectify it. If the sewage user does not comply, the sewage unit shall suspend sewage services according to the relevant provisions of the sewage service contract and related laws.

3. Sewage services shall be restored after the sewage user has fully remedied the consequences caused by the violations and fulfilled all obligations as prescribed.

4. In cases where sewage services are suspended for repairs, improvements, or upgrades to the sewage system, the sewage unit must provide a written notice to the relevant sewage users informing them of the reasons and duration of the temporary suspension of sewage services; simultaneously, the sewage unit must implement temporary sewage measures to minimize impacts on production, business operations, and daily life of sewage users and reduce environmental pollution.

Article 29. Rights and Obligations of Organizations, Individuals, and Households Using Sewage Services

1. Organizations, individuals, and households using sewage services have the following rights:

a) To receive sewage services in accordance with the law;

b) To request the sewage unit to promptly address any incidents that occur;

c) To receive or be introduced to information about sewage activities;

d) To be compensated for damages caused by the sewage unit according to the provisions of the sewage service contract;

đ) To lodge complaints or reports against violations of sewage-related laws by the sewage unit or related parties;

e) Other rights as prescribed by law.

2. Organizations, individuals, and households using sewage services have the following obligations:

a) To pay sewage service fees fully and on time;

b) To discharge wastewater into the sewage system in compliance with regulations and technical standards issued by competent state agencies;

c) To promptly notify the sewage unit when observing abnormal phenomena that may cause incidents affecting the sewage system;

d) To connect the sewage system of the construction project to the common sewage system in accordance with the connection agreement provisions;

đ) To compensate for damages caused to related parties as prescribed by law;

e) Other obligations as prescribed by law.

Chapter IV
CONNECTION OF SEWAGE SYSTEM

Article 30. Connection to the Sewage System

1. The connection to the sewage system must ensure:

a) Wastewater is collected and treated to meet technical standards and regulations before being discharged into the environment;

b) Minimizing the amount of wastewater seeping into the ground or flowing into other receiving sources.

2. All households within the range covered by the network of stormwater and wastewater pipes and sewers are required to connect to the sewage system, except for cases exempted from connection as stipulated in Article 35 of this Decree.

3. In cases where the sewage systems of rural concentrated residential areas and industrial zones connect to urban sewage systems, they shall be considered as individual users of urban sewage services and must comply with the connection regulations of the urban sewage system.

Article 31. Requirements for Connecting to the Sewage System

1. The connection box is located on the collection route of the sewage system at the connection point and placed on public land adjacent to the boundary between public and private lands of each household.

2. All households are responsible for investing in the installation of drainage pipes within their private property boundaries and connecting them to the connection box.

3. The construction and installation of the sewage system within the premises of the household's buildings and residences must comply with current technical standards and requirements related to connection regulations and agreements.

4. The owner of the sewage system is responsible for investing in the construction of the sewage system including the collection and transportation network from the connection box to tertiary, secondary, and primary sewers.

Article 32. Regulations on Discharging Wastewater at the Connection Point

1. For domestic wastewater: Households are permitted to discharge wastewater directly into the sewage system at the connection point.

2. For other types of wastewater: Households must collect and have a local wastewater treatment system that meets technical standards before discharging into the connection point, in accordance with connection regulations and agreements.

Article 33. Content of Connection Regulations

1. Connection regulations aim to ensure that connections are made when implementing new investment projects for sewage systems or expanding the coverage of existing sewage services.

2. The content of connection regulations includes:

a) Regulations on connection points;

b) Requirements regarding the elevation of connection points;

c) Regulations on connection boxes;

d) Timing of connections;

đ) Quality and volume of wastewater discharged at the connection point;

e) Connection costs, support policies, and promotion of connections;

g) Financial obligations of the sewage system owner and households for connections;

h) Rights, responsibilities of relevant parties, and coordination mechanisms.

3. Sewage system connection regulations must be notified to the community within the relevant area.

4. Connection regulations are part of the local sewage regulations issued by the Provincial People's Committee.

Article 34. Support for Connecting to the Sewage System

1. Connection support aims to promote the connection of wastewater from households to the sewage system's collection network; ensuring wastewater is collected thoroughly, wastewater treatment plants operate at designed capacity; and ensuring efficiency in the construction and investment of the sewage system.

2. Eligible recipients: Households with meritorious service, poor families according to criteria set by the Prime Minister; households that comply and implement connections immediately upon request. Determination of eligible households for support is decided by the Provincial People's Committee.

3. Methods of Support:

a) Partial or full funding for the installation of pipes from the connection box to the location of the drainage pipe within the household's private property boundaries;

b) Funding sources include local government budgets, investment projects, or funds from water supply units.

4. Based on specific local conditions, the owner determines the method and level of support for specific recipients.

Article 35. Agreement and Exemption from Connection to Sewerage System

1. The connection agreement is a written agreement between the sewerage unit and the household regarding the location of the connection, technical requirements at the connection point, the time of connection, quality, and volume of wastewater discharged into the connection point.

2. Cases exempted from connecting to the sewerage system include:

a) Near the receiving source where the quality of wastewater meets environmental hygiene requirements and connecting to the common sewerage system may impose unreasonable economic burdens on the household according to the regulations of the Provincial People's Committee;

b) In areas not yet covered by the sewerage collection network.

Chapter V
WATER CHARGES FOR SEWERAGE SERVICES

Article 36. Costs of Sewerage Services

1. The costs of sewerage services serve as the basis for pricing sewerage services and are the grounds for determining the value of management and operation contracts signed between the sewerage unit and the owner of the sewerage system.

2. The costs of sewerage services are production costs accurately calculated for each cubic meter of wastewater (1 m³) to perform sewerage tasks and wastewater treatment in the service area, including:

a) Operating, maintenance, and repair costs for the sewerage system;

b) Depreciation costs for vehicles, machinery, equipment, workshops, and facilities invested to serve sewerage work and wastewater treatment meeting current technical standards and specifications;

c) Other costs, taxes, and fees as prescribed by law.

Article 37. Principles for Determining the Costs of Sewerage Services

1. The costs of sewerage services are determined based on the principle of accurately calculating actual costs incurred during the implementation of sewerage tasks and wastewater treatment meeting specified technical standards and specifications.

2. The costs of sewerage services are determined for each type of sewerage system, including:

a) Common sewerage systems;

b) Private sewerage systems;

c) Semi-private sewerage systems.

Article 38. Principles and Methods for Pricing Sewerage Services

1. The price of sewerage services is linked to the quality of sewerage service provision and does not differentiate between application objects whether organizations or individuals within or outside the country, consistent with state policies.

2. In cases where the price of sewerage services set by the Provincial People's Committee is lower than the accurately calculated costs of sewerage services and reasonable profit levels, the Provincial People's Committee must subsidize from the local budget to ensure the rights and legitimate interests of the sewerage unit.

3. The pricing of sewerage services must be based on the volume of wastewater and pollutant content in the wastewater.

4. The Ministry of Construction shall guide the methods for pricing sewerage services.

Article 39. Determination of Wastewater Volume

1. For domestic wastewater:

a) In cases where households use clean water from centralized water supply systems, the volume of wastewater is calculated as 100% of the volume of clean water consumed as shown on the water bill;

b) In cases where households do not use clean water from centralized water supply systems, the volume of wastewater is determined based on the average per capita consumption of clean water in the locality as stipulated by the Provincial People's Committee.

2. For other types of wastewater:

a) In cases where households use clean water from centralized water supply systems, the volume of wastewater is calculated as 80% of the volume of clean water consumed as shown on the water bill;

b) In cases where households do not use clean water from centralized water supply systems, the volume of wastewater is determined through flow meters. In cases where flow meters are not installed, the sewerage unit and the household refer to the sewerage service contract stipulated in Article 27 of this Decree to agree on the volume of wastewater appropriately.

Article 40. Determination of Pollutant Content in Wastewater

1. The pollutant content for wastewater other than domestic wastewater (non-domestic wastewater) shall be determined based on the average COD index of each type of wastewater, according to the nature of use or type of activity generating the wastewater, or separately for each specific object. The COD content shall be determined based on the analysis results from a certified laboratory.

2. The discharger entity is responsible for determining the COD content of wastewater (excluding household wastewater) as the basis for determining the water discharge service fee, with periodic checks every six months or spot checks when necessary to determine this COD content. In cases where the discharging household does not agree with the COD content index calculated by the water discharge system management unit, the discharging household has the right to contract with another certified laboratory to perform sampling and determine the COD index as a control test; the cost of sampling and analysis shall be borne by the discharging household.

Article 41. Responsibility for Establishing, Authority to Review and Approve Water Discharge Service Fees

1. For drainage systems funded from the state budget: The Construction Department shall take the lead and coordinate with relevant agencies to develop the pricing plan for water discharge services, and the Finance Department shall organize the review and submit it to the provincial People's Committee for decision.

2. For drainage systems funded from other sources: The owner of the drainage system shall organize the establishment and submission of the water discharge service fee pricing plan, and the Finance Department shall take the lead and coordinate with the Construction Department to review and submit it to the provincial People's Committee for approval.

3. For industrial zones: The price of water discharge services shall be agreed upon by the developer operating and developing the infrastructure of the industrial zone with the developers within the industrial zone and decided on the price level. Before making such a decision, the agreement of the state management agency for drainage and the local price management agency must be obtained.

Article 42. Adjustment of Water Discharge Service Fees

1. The water discharge service fee may be adjusted under the following circumstances:

a) When there is a fundamental change in wastewater treatment technology or service quality;

b) When there is a change in national policies or economic and technical norms;

c) When there are changes in the country's socio-economic development conditions, regional conditions, and people's income levels.

2. The authority to adjust water discharge service fees shall be carried out in accordance with the provisions of Article 41 of this Decree.

3. For urban areas where the wastewater collection and treatment systems are funded from ODA sources, the usage fee for water discharge services and the adjustment schedule for these fees shall comply with the agreements signed between the sponsor and the Government of Vietnam.

Article 43. Methods of Collection and Payment for Water Discharge Services

1. For discharging households:

a) Organizations and individuals providing water supply services are responsible for collecting water discharge service fees through water bills for households using clean water from centralized water supply systems and benefiting from the costs associated with collection;

b) The discharger entity directly collects water discharge service fees from households not using clean water from centralized water supply systems;

c) Households that have paid the water discharge service fee are exempt from environmental protection fees as stipulated in current regulations regarding environmental protection fees for wastewater.

2. For discharger entities:

The owner of the drainage system pays the contract price according to the management and operation contract signed between the discharger entity and the owner of the drainage system.

Article 44. Management and use of revenue from wastewater services

1. Revenue from wastewater services shall be managed by the owner of the wastewater system and used for the purposes of:

a) Paying for the collection, evaluation, sampling, and analysis of wastewater to determine COD content;

b) Paying for wastewater services and wastewater treatment;

c) Investing to maintain and develop the wastewater system;

d) Other legitimate expenses as prescribed by current regulations.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Construction to provide specific guidance on the management and use of revenue from wastewater services.

Chapter VI
STATE MANAGEMENT RESPONSIBILITIES FOR WASTEWATER AND WASTEWATER TREATMENT

Article 45. Responsibilities of Ministries and Agencies

1. The Ministry of Construction shall be responsible for performing state management functions regarding wastewater and wastewater treatment in urban areas, concentrated rural residential areas, and industrial zones throughout the country.

2. The Ministry of Natural Resources and Environment shall be responsible for performing state management functions regarding environmental protection, water resources, river basin management, pollution control in the field of wastewater, discharging wastewater into the environment nationwide; coordinating with other ministries and agencies to manage waste according to the provisions of the law.

4. Ministries and agencies at the level of ministries within their respective duties and authorities shall have the responsibility to cooperate with the Ministry of Construction, the Ministry of Agriculture and Rural Development, and the Ministry of Natural Resources and Environment to perform state management functions regarding urban and industrial wastewater and wastewater treatment, and concentrated rural residential areas.

Article 46. Responsibilities of Provincial People's Committees

1. Within their respective duties and authorities, provincial people's committees shall be responsible for implementing state management over wastewater activities and wastewater treatment under their jurisdiction;

2. Assign responsibilities to specialized agencies and delegate management authority to people's committees at various levels for managing wastewater and wastewater treatment under their jurisdiction.

3. Issue specific regulations on local wastewater management; incentive mechanisms and policies to encourage investment in wastewater and wastewater treatment that are appropriate to the economic and social development conditions of the locality.

4. Organize the preparation of planning, approve investment development plans for local wastewater and ensure funding allocation in accordance with the locality’s economic and social development programs and plans.

5. Organize guidance on the establishment of databases on wastewater and wastewater treatment.

6. Organize the preparation of reports on the situation of wastewater in the locality including: Current status of construction and development; situation of planning preparation, review, and approval; implementation of planning; investment construction and project implementation; management of wastewater service prices.

7. Direct inspection, supervision, and handling of violations of laws related to wastewater management and wastewater treatment within their jurisdiction.

Chapter VII
IMPLEMENTING PROVISIONS

Article 47. Transitional Provisions

1. For wastewater plans that have been approved for design tasks and are being organized before this Decree takes effect, the review and approval process shall continue to be carried out according to the provisions of Government Decree No. 88/2007/NĐ-CP dated May 28, 2007, on urban and industrial zone wastewater. For wastewater plans that have not yet been approved for design tasks, they shall be implemented according to the provisions of this Decree.

2. For localities where provincial people's committees are currently implementing wastewater fees with a schedule for adjusting wastewater fees as stipulated in Government Decree No. 88/2007/NĐ-CP dated May 28, 2007, on urban and industrial zone wastewater, they shall continue to implement until the next fee adjustment. The subsequent fee adjustment shall be carried out according to the provisions on wastewater service pricing in this Decree.

Article 48. Effective Date

This Decree shall take effect from January 1, 2015, and replace Government Decree No. 88/2007/NĐ-CP dated May 28, 2007, on urban and industrial zone wastewater in Vietnam.

Article 49. Implementation organization

1. The Minister of Construction shall coordinate with relevant ministries and sectors to guide the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree./.