Decree No. 88/2007/NĐ-CP on Urban and Industrial Zone Drainage

DECREE

Regarding urban and industrial zone drainage

_________

GOVERNMENT

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

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

WHEREAS,ứ Law on Water Resources dated June 1, 1998;

Considering the proposal of the Minister of Construction.

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjectsutedThe amount of fees collected for food safety and hygiene work shall be implemented according to the schedule of fees attached to this Circular.

1. This Decree stipulates the drainage activities in urban areas and industrial zones, economic zones, export processing zones, and high-tech zones (hereinafter referred to as industrial zones); the rights and obligations of organizations, individuals, and households involved in drainage activities within the territory of Vietnam. For rural concentrated residential areas with conditions for constructing centralized drainage systems, it is encouraged to apply this Decree.

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

3. In cases where international treaties to which Vietnam is a party provide different provisions from those of this Decree, such provisions shall be applied according to the provisions of the international treaties.

Article 2. Interpretation of Terms

1. Drainage activities include related activities in the field of drainage, including planning, design consultancy, investment construction, management, operation, exploitation, and utilization of drainage systems.

2. Drainage services refer to the management and operation of drainage systems to meet the requirements of stormwater drainage, wastewater discharge, and wastewater treatment for entities with drainage needs in accordance with the provisions of the law.

3. Drainage fee refers to the environmental protection fee applied to wastewater in urban and industrial zones with centralized drainage systems; the drainage fee is set by the People's Committee of provinces and centrally-administered cities (hereinafter referred to as provincial-level People's Committees) after approval by the same-level People's Councils to gradually ensure the maintenance and development of drainage services in their respective areas.

4. Drainage entity refers to organizations and individuals providing drainage services under contracts for managing and operating drainage systems.

5. Drainage household includes households, administrative and public service agencies, production establishments, and service providers discharging stormwater and wastewater into drainage systems.

6. Single-household drainage refers to drainage households directly discharging stormwater and wastewater into the environment.

7. Effluentis water that has been altered in characteristics due to usage or human activities discharged into drainage systems or released into the environment.

8. Domestic effluentrefers to wastewater generated from daily human activities such as eating, bathing, and personal hygiene.

9. Non-domestic effluentrefers to used water that is not domestic wastewater.

10. Drainage system consists of a network of sewers, canals, reservoirs, and other primary structures (pumping stations, treatment plants, outlets) and auxiliary facilities aimed at collecting, transporting, and discharging stormwater and wastewater, and treating wastewater. The drainage system is classified as follows:

a) Combined drainage system is a system where all types of wastewater and stormwater are collected in the same system.

b) Separate drainage system is a system where stormwater and wastewater are collected separately.

c) Semi-separate drainage system is a combined system with a main sewer line to separate wastewater for transport to a treatment plant.

11. Stormwater drainage system 11. Stormwater drainage system

consists of a network of sewers, canals, reservoirs, and other primary structures (pumping stations, outlets) and auxiliary facilities aimed at collecting and discharging stormwater.12. Wastewater drainage system

consists of a network of sewers, canals, reservoirs, and other primary structures (pumping stations, treatment plants, outlets) and auxiliary facilities aimed at collecting, discharging, and treating wastewater. 13. Intercepting sewer

is the main sewer line with 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 catchment areas and transport it to pumping stations or wastewater treatment plants. 14. Reservoir system

consists of natural or artificial lakes to receive water and regulate the drainage capacity of the drainage system.15. Connection point

refers to the points where drainage households discharge water into the drainage system.16. Outfall

refers to the location where the drainage system or single-household drainage discharges water into the environment. 17. Drainage catchment area

is a defined area where stormwater or wastewater is collected and transported to one or several outfalls into receiving waters. 18. Receiving water body

is a part of the environment including perennial or periodic flowing water bodies such as ponds, lakes, rivers, streams, canals, groundwater, and seas. 19. COD

Article 3. Investment Policy for Wastewater Management Development

1. Wastewater services are a public utility activity that the State prioritizes investment in to continuously improve operational efficiency and service quality, ensuring sustainable development and meeting socio-economic development needs.

2. Encourage all economic sectors and social communities to participate in investment, management, and operation of wastewater activities.

Article 4. State Management Responsibilities for Wastewater Activities

1. The Government uniformly manages state affairs concerning wastewater activities throughout Vietnam; promulgates and directs implementation of strategies and orientations for national wastewater development.

2. The Ministry of Construction is responsible for implementing state management functions regarding urban and industrial zone wastewater activities nationwide:

a) Researching and developing mechanisms and policies on wastewater to be submitted to the Government or the Prime Minister for issuance or issuance within its authority;

b) Developing and submitting to the Prime Minister for issuance and organizing implementation of national wastewater development programs and plans;

c) Issuing technical and economic standards and norms for wastewater;

d) Directing, guiding, and inspecting wastewater activities nationwide.

3. The Ministry of Natural Resources and Environment is responsible for implementing state management functions related to environmental protection and pollution control in wastewater activities.

4. The Ministry of Agriculture and Rural Development is responsible for implementing state management functions related to water conservancy works exploitation and protection; issuing and revoking permits for discharging wastewater into water conservancy works.

5. The Ministry of Planning and Investment:

a) Ensuring capital balance from state budget funds for wastewater development programs and plans approved by the Prime Minister;

b) Studying and developing mechanisms and policies to encourage and mobilize domestic and foreign investment funds for wastewater projects;

c) Serving as the focal point for mobilizing Official Development Assistance (ODA) funds for wastewater development investment according to priorities approved by the Prime Minister.

6. The Ministry of Finance:

a) Cooperating with the Ministry of Planning and Investment in ensuring capital balance from state budget funds and studying and developing financial mechanisms and policies to encourage and mobilize domestic and foreign investment funds for wastewater development;

b) Uniformly managing finances for ODA funds for wastewater development investment;

c) Cooperating with the Ministry of Construction to guide, inspect, and supervise the collection and use of wastewater fees nationwide.

7. Ministries and agencies at the ministerial level, within their respective duties and powers, have the responsibility to coordinate with the Ministry of Construction to implement state management functions for urban and industrial zone wastewater activities.

8. Provincial People's Committees, within their respective duties and powers, are responsible for implementing state management functions for wastewater activities under their jurisdiction; defining functions, tasks, and hierarchical management levels for wastewater activities for specialized agencies and People's Committees at various levels under their management. Construction Departments in provinces and Transport Departments in centrally-administered cities are specialized agencies advising and assisting provincial People's Committees in implementing state management functions for wastewater activities under their jurisdiction.

9. Urban People's Committees are responsible for organizing planning, investment in building wastewater systems, and implementing wastewater services in accordance with community development and participating in regional wastewater master plans; selecting management units, signing contracts, and organizing supervision of implementation.

Article 5. Principles for Combining Drainage Works with Other Infrastructure Projects

1. Master plans and investment projects for other infrastructure works (transportation, water conservancy, etc.) must ensure synchronization with urban and industrial zone drainage systems and be reviewed and agreed upon in writing by local state management agencies responsible for drainage before submission to competent authorities for approval.

2. When renovating, expanding, or constructing new infrastructure works, especially transportation works related to urban and industrial zone drainage systems, investors must have plans to ensure normal drainage and are obligated to renovate, restore, or construct synchronously related drainage works according to planning.

3. Local state management agencies responsible for drainage, and drainage units entrusted with managing and operating drainage systems have the right and obligation to participate in supervising the construction process of drainage works in related infrastructure investment projects. Drainage units have the right to refuse handover of drainage works if the construction quality does not meet regulations.

Article 6. Provisions on Wastewater Standards

1. Wastewater discharged from urban drainage systems, industrial zones, and individual drainage households into receiving waters must comply with environmental standards set by competent state agencies. The Ministry of Natural Resources and Environment promulgates wastewater discharge standards into receiving waters.

2. Wastewater discharged from individual drainage households into urban drainage systems and industrial zones must comply with wastewater discharge standards into drainage systems set by competent state agencies. The Ministry of Construction promulgates wastewater discharge standards into urban drainage systems and industrial zones.

Article 7. Management of Discharge Points into the Environment

1. Discharging wastewater into receiving waters must comply with laws on environmental protection, water resources, exploitation and protection of water conservancy works, and related legal documents.

2. Designing and constructing discharge points must ensure prevention of backflow from receiving waters and urban flooding.

3. Discharging wastewater into receiving waters is managed uniformly by watershed. Provincial People's Committees shall stipulate unified management levels, heads, and supervision of discharge points, monitoring the quality of wastewater from drainage systems and individual drainage households within their province according to each watershed receiving water area, and coordinate with relevant localities to organize management of discharge points and wastewater quality into receiving waters according to watershed areas as prescribed by environmental protection laws.

Article 8. Management of Elevation Related to Drainage

1. Urban ground level management:

a) Urban ground level determined in urban construction master plans according to national elevation standards must meet requirements for stormwater and wastewater drainage and be approved by competent authorities;

b) Urban planning management agencies at different levels are responsible for managing and providing information about urban ground levels to organizations and individuals who need it;

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

d) Competent authorities responsible for reviewing basic design and issuing construction permits at various levels are responsible for checking the consistency between the designed ground levels of construction projects and urban ground levels.

2. Management of drainage system elevations:

Drainage units are responsible for:

a) Determining and managing the water levels of reservoirs and drainage canals to maximize drainage and flood control capabilities, prevent flooding, and protect the environment;

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

c) Providing drainage system elevations to organizations and individuals who request them.

3. Agencies and units entrusted with managing rivers, lakes, and canals related to urban drainage are responsible for coordinating with drainage units to ensure requirements for drainage and flood prevention through appropriate elevations.

Article 9. Participation of the community

1. Perform the function of supervising investment construction, management, and operation of the drainage system.

2. Detect, prevent, and recommend competent authorities to handle violations of laws in drainage activities.

Article 10. Propaganda, dissemination, and legal education on drainage

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

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

Article 11. Prohibited acts

1. Destroying drainage system works.

2. Violating regulations on protecting the drainage system.

3. Obstructing inspections and supervision of drainage activities.

4. Not complying with regulations on the elevation of construction foundations when constructing, renovating, or upgrading urban construction projects.

5. Discharging rainwater or wastewater that does not meet wastewater quality standards into the drainage system and receiving sources.

6. Discharging substances other than wastewater or rainwater into the drainage system.

7. Diluting wastewater to meet wastewater quality standards or transferring pollution loads to other environments such as air and soil.

8. Connecting arbitrarily or not in accordance with agreements with the drainage system.

9. Providing false information affecting the rights and legitimate interests of other organizations and individuals in drainage activities.

10. Misusing positions and powers to cause inconvenience and harassment to other organizations and individuals in drainage activities.

11. Other acts violating legal regulations on drainage.

Chapter II

DRAINAGE PLANNING

Article 12. General provisions on drainage planning

1. Drainage planning is established and approved as the basis for subsequent drainage activities. All organizations and individuals participating in drainage activities must follow the drainage planning approved by competent state authorities.

2. When establishing construction planning, it is necessary to organize the study and establishment of drainage planning as an inseparable part of the construction planning project and comply with the provisions of this Decree and relevant legal regulations on construction planning.

3. For new industrial zones and cities, separate drainage systems for stormwater and wastewater must be planned and constructed. For existing cities with drainage systems and new urban areas, the organization of drainage system planning should be studied based on specific conditions of each city, organizing a common, separate, or semi-separate system.

4. In the following cases, drainage planning must be organized as a separate planning project:

a) Regional drainage planning: for a group of cities and industrial zones in a province or inter-provincial region with geographical proximity, favorable natural conditions regarding topography and receiving sources capable of building shared drainage facilities without having established regional construction planning for these groups of cities and industrial zones.

b) Urban drainage planning: for cities of category 2 and above (other cities if deemed necessary), to concretize drainage directions determined in the overall urban construction planning.

5. Drainage planning organized as a separate planning project as stipulated in Clause 4 of this Article must comply with the provisions from Article 13 to Article 20 of this Decree and other related legal regulations on construction planning.

6. The Ministry of Construction shall guide the costs for establishing drainage planning.

Article 13. Stages and Time for Drafting Drainage Planning

1. Drainage planning is drafted for short-term stages of 10 years and long-term stages of 20 years and longer.

2. The time to draft regional drainage planning projects shall not exceed 18 months, urban drainage planning and industrial zone drainage planning shall not exceed 12 months, starting from the date the planning task is approved by the competent authority.

Article 14. Tasks for Drafting Drainage Planning

1. Contents of the drainage planning task:

a) Evaluation and forecast of economic and social development, population distribution, industry, services, and infrastructure in the research area.

b) Assessment of natural conditions, current infrastructure status, environmental changes, and water discharge capacity of related rivers and lakes;

c) Surface drainage needs, wastewater collection and treatment, and organization of the drainage system in the research area.

d) Sketch maps, boundary positions, scale, and regional relationships at a ratio of 1/100,000 to 1/500,000 for regional drainage planning and 1/25,000 to 1/100,000 for urban drainage planning.

2. The time to draft the drainage planning task shall not exceed three months for inter-provincial regional drainage planning, two months for intra-provincial regional drainage planning and urban drainage planning, starting from the official assignment date.

Article 15. Basis for Drafting Drainage Planning

1. Comprehensive socio-economic development planning; construction planning, and relevant industry development planning (if applicable).

2. Orientation for comprehensive urban system development planning and national technical infrastructure development directions approved by the Prime Minister.

3. Results of surveys, investigations, and related data and materials.

4. Drainage standards and specifications.

5. Approved drainage planning tasks.

Article 16. Content of Drainage Planning

Depending on the characteristics and scale of the research area, drainage planning includes the following main contents:

1. Survey, investigation, and evaluation of the current socio-economic situation, natural conditions, and technical infrastructure of the planning area.

2. Survey, investigation, and evaluation of water environment changes, floodwater and wastewater discharge capacity of related rivers and lakes.

3. Determination of drainage basins in the planning area.

4. Determination of basic criteria and parameters for drainage including meteorological and hydrological conditions, permeability coefficient, domestic, industrial, and service drainage standards...

5. Determination of floodwater and wastewater discharge volumes.

6. Determination of receiving sources and their capacity to accept floodwater and wastewater.

7. Selection of stormwater drainage systems, wastewater collection, and treatment systems.

8. Determination of wastewater quality at connection points.

9. Determination of direction, position, and size of main drainage routes.

10. Determination of discharge points, water level, maximum discharge volume, and wastewater quality at discharge points.

11. Determination of positions and scales of stormwater pumping stations, wastewater pumping stations, and wastewater treatment plants.

12. Proposals for measures to conserve and enhance canal, ditch, and lake systems with drainage functions, water regulation, and wastewater treatment.

13. Investment phases according to stages and areas; preliminary total investment estimate, proposal of funding sources, and prioritized projects.

14. Environmental impact assessment and proposals for environmental protection measures.

15. Proposals for management organization schemes for the drainage system.

Article 17. Documents for Drainage Planning Scheme

Depending on the characteristics and scale of the research area, the documents for drainage planning scheme shall include:

1. Drawings:

a) Location map and regional connection map:

- For regional drainage planning: scale 1/100,000 to 1/500,000;

- For urban drainage planning: scale 1/25,000 to 1/100,000.

b) Topographic map:

- For regional drainage planning: scale 1/25,000 to 1/250,000;

- For urban drainage planning: scale 1/5,000 to 1/25,000.

c) Map of current technical infrastructure as specified in point b of this clause;

d) Watershed division map, with scale as specified in point b of this clause;

đ) Pump station location map, wastewater treatment plant map, main transmission line map, with scale as specified in point b of this clause.

2. Comprehensive report including explanatory notes, related legal documents, and proposal for approval of the drainage planning scheme.

Article 18. Responsibilities for Drafting, Competent Authority for Reviewing and Approving Tasks and Drainage Planning Schemes

1. Responsibilities for drafting tasks and drainage planning schemes:

a) The Ministry of Construction organizes the drafting of tasks and drainage planning schemes for inter-provincial regions;

b) Provincial People's Committees are responsible for organizing the drafting of tasks and drainage planning schemes for regional areas and urban drainage planning within their administrative boundaries.

2. Competent authority for reviewing and approving tasks and drainage planning schemes:

a) For inter-provincial regional drainage planning and special category urban drainage planning:

The Prime Minister approves or delegates the Ministry of Construction to approve tasks and drainage planning schemes for inter-provincial regions and special category urban drainage planning within 25 working days from the date of submission of complete and valid documents.

The Ministry of Construction leads the review of tasks and drainage planning schemes for inter-provincial regions and special category urban drainage planning under the Prime Minister's approval authority within 20 working days from the date of receipt of complete and valid documents.

b) For regional drainage planning within a province and provincial urban drainage planning:

The provincial People's Committee approves tasks and drainage planning schemes for regional drainage planning within a province and provincial urban drainage planning (excluding special category urban areas) within their administrative boundaries within 15 working days from the date of receipt of complete and valid documents from the reviewing agency and the agreement of the Ministry of Construction.

Provincial Construction Departments and Transport Departments of centrally-administered cities lead the review of tasks and drainage planning schemes for regional drainage planning and urban drainage planning under the provincial People's Committee's approval authority within 20 working days from the date of receipt of complete and valid documents.

Article 19. Provisions on Drainage Planning Management

Based on the content of drawings and explanations in the drainage planning scheme, recommendations and implementation solutions for drainage planning, the competent authority for approving the drainage planning scheme issues Provisions on Drainage Planning Management. The contents of the Provisions include:

1. Provisions on the location, role, function, and scale of drainage works.

2. Provisions on protection zones and safety corridors for drainage works.

3. Allocation and provisions on responsibilities for managing drainage planning.

4. Other provisions.

Article 20. Adjustment of Drainage Planning

1. Drainage planning shall be adjusted when any of the following circumstances occur:

a) There is an adjustment to the overall socio-economic development planning, construction planning, or industry development planning related to drainage;

b) There is a significant change in natural conditions beyond the forecast.

2. The time limit for reviewing the adjustment of drainage planning shall be based on the request of the authority with approval power over the drainage planning project.

3. The content of the adjustment to drainage planning must be based on an analysis and evaluation of the implementation situation of the previously approved drainage planning project, identifying factors affecting the adjustment of the planning, ensuring continuity, and only adjusting changed contents.

4. The authority with approval power over the drainage planning project shall approve the adjusted drainage planning project.

Chapter III

INVESTMENT AND DEVELOPMENT OF DRAINAGE

Article 21. Owners of Drainage Works

1. People's Committees of cities within the drainage service area of regional nature drainage works shall participate in ownership of such drainage works according to their proportion of capital contribution or investment allocation to establish a representative body of owners and appoint representatives.

2. People's Committees of cities are the owners of drainage works:

a) Financed from state budget funds;

b) Received from business organizations and new urban development organizations;

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

3. Business organizations and new urban development organizations own, manage, and operate drainage systems within their management areas until they are transferred according to regulations.

4. Organizations and individuals who are owners of drainage works they have invested capital in until they are transferred to People's Committees of cities (if stipulated in investment permits or investment certificates).

5. People's Committees at all levels are the owners of industrial zone drainage works financed from state budgets under their management.

Article 22. Investors of Drainage Works

1. Regional nature drainage work investors are assigned to the representative owner body established as provided for in Clause 1, Article 21 of this Decree.

2. People's Committees of cities are investors constructing drainage works using state budget funds within their management areas and hand them over to drainage units for management and implementation; if the drainage unit does not have sufficient capacity to manage the project, the drainage unit shall appoint representatives to join the Project Management Board established by the investor or a hired project management consultant.

3. Units and enterprises assigned to be investors in industrial infrastructure and new urban development are investors of drainage works in the areas they are assigned to manage.

4. Organizations and individuals are owners of drainage works they have invested capital in.

5. Drainage works funded by community contributions, with the representative investor appointed by the community.

Article 23. Investment Development Plan for Drainage

1. The investment development plan for drainage includes specific solutions and investment plans aimed at ensuring drainage discharge, improving service coverage, and enhancing service quality in the drainage area.

2. The drainage development plan must be consistent with approved construction planning and drainage planning and coordinate with relevant localities.

3. Drainage units organize the preparation and submit the investment development plan for drainage to the drainage work owner for approval in the area they are assigned to manage.

Article 24. Investment Capital

1. The drainage systems of urban areas shall be invested with capital from the state budget and other lawful sources. The State encourages and creates conditions for economic sectors to participate in investment and construction of part or all of the drainage system in accordance with the Drainage Plan under various forms of investment. Investors shall enjoy preferential and support policies for investment in accordance with the provisions of the law.

2. The drainage systems of industrial zones and new urban areas shall be invested with capital from the state support budget, self-owned capital, and other legally raised capital of the entity assigned as the main investor in the development of industrial zone infrastructure and new urban areas.

Article 25. Staged Investment

1. The investment in developing the sewer network shall be determined based on urban development requirements and anticipation according to the planning forecast not exceeding five years from the expected completion and operation date, except for sewer lines that are developed synchronously with transportation works.

2. The capacity scale of key facilities (pumping stations, treatment plants...) shall be selected based on the planning forecast not exceeding five years from the expected completion and operation date.

3. The size of main drainage ditches and sewers shall be chosen based on the long-term demand forecast of the approved construction plan and drainage plan.

Article 26. Investment Projects for Drainage Works

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

2. Depending on the characteristics and scale, when consulting organizations study and establish investment projects for centralized drainage works that fundamentally address urban stormwater drainage, sewage collection, and treatment issues, they must implement the following:

a) Conduct social surveys, community consultations to assess the current living standards, ability, and willingness to connect and fulfill drainage fee payment obligations of residents in the project area; at the same time, to inform the public about project information, service quality after project completion, and their participation in decision-making and monitoring processes.

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

c) Study and propose drainage fee schemes, fee increase schedules, determine the ability to cover management and operation costs and repay loans (if any) from drainage fee revenues and local budgets to ensure the sustainability of the drainage works.

d) Draft the content of the Management and Operation Contract or supplementary and amended clauses of the existing Management and Operation Contract signed between the drainage facility owner and the drainage entity.

3. Investment projects for centralized drainage works that fundamentally address urban stormwater drainage, sewage collection, and treatment issues in cities of category 4 and above must have the written agreement of the Ministry of Construction before submitting to the competent authority for approval.

Chapter IV

MANAGEMENT AND OPERATION OF DRAINAGE SYSTEMS

Article 27. Selection of Management and Operation Units

1. For areas where organizations or individuals are already providing drainage services, such organizations or individuals shall be given priority to be designated to implement management and operation contracts for the drainage system in that area.

2. For areas without existing drainage units, the selection of management and operation units for the drainage system shall be carried out in accordance with the provisions of the law on bidding or establishment of new units if bidding is not successful.

3. A drainage unit may be selected to manage one or more different drainage basins, each drainage basin being managed and operated by only one assigned drainage unit.

4. Authority to select management and operation units for the drainage system: the owner shall have the authority to select management and operation units for the drainage system in the area under their management.

Article 28. Management and Operation Contracts

1. The management and operation contract is a legal document signed between the owner and the unit entrusted with managing and operating the drainage system.

2. The management and operation contract includes the following basic contents:

a) Contracting parties;

b) The subject matter of the contract;

c) Scope and content of work;

d) Technical requirements;

đ) Contract price and principles for adjusting the price;

e) Payment and payment methods;

g) Obligations and rights of the related parties.

Article 29. Transfer of Management and Operation Contracts

Drainage units are permitted to transfer part or all of their obligations and benefits in the management and operation contract to a third party upon agreement with the owner of the drainage works.

Article 30. Determination of Budgeted Contract Price for Management and Operation

The budgeted contract price for management and operation is determined as the basis for selecting management and operation units.

1. Principles for calculating the budgeted contract price:

a) The budgeted contract price must accurately cover all reasonable production cost factors to ensure the management and operation of the drainage system meet the standards and procedures for management and operation issued or approved by competent state agencies;

b) Ensuring harmony of interests among the State, drainage units, and the community.

2. Basis for determining the budgeted contract price:

a) Scope and volume of work;

b) Standards and procedures for management and operation;

c) Economic and technical norms issued by competent state agencies;

d) Specific conditions of the locality.

3. Preparation, submission, and approval of the budgeted contract price:

The owner of the drainage works organizes the preparation of the budgeted contract price (using subordinate specialized agencies or hiring consultants) and submits it to the competent authority for approval.

4. Authority to approve the budgeted contract price:

a) Provincial People's Committee approves the budgeted contract price for drainage works under its management in cities and towns.

b) District People's Committee approves the budgeted contract price for drainage works under its management in townships.

Article 31. Contract Price for Management and Operation

The contract price for management and operation is the agreed price after negotiation between the owner and the selected management and operation unit of the drainage works, ensuring it does not exceed the budgeted price approved by the competent authority.

Article 32. Adjustment of Contract Price for Management and Operation

1. The contract price for management and operation may be adjusted in the following cases:

a) Expansion or upgrade of the drainage system;

b) Significant market fluctuations;

c) Changes in national policies.

2. The drainage unit prepares and submits to the competent authority for approval the adjustment of the contract price after negotiating with the owner of the drainage works. The person authorized to approve the budgeted contract price approves the adjustment of the contract price.

Article 33. Duration of the Contract

The management and operation contract shall have a minimum duration of five years and a maximum duration of ten years. In cases where the parties wish to extend the contract, they must negotiate the extension at least one year before the end of the contract term.

Article 34. Termination of the Contract

The management and operation contract may be terminated in the following circumstances:

1. One of the parties breaches the contract's commitments.

2. Upon expiration of the contract term, if one of the two parties does not wish to continue extending the contract.

3. Cases of force majeure or other reasons specified in the contract.

Article 35. Inspection and Payment According to the Contract

1. The management and operation contract shall be paid for regularly according to the agreement.

2. The payment method shall be agreed upon by both parties.

3. If payment is delayed by more than fifteen days beyond the agreed deadline in the contract, the water drainage unit shall be entitled to receive the highest interest rate from the bank where the transaction account is opened at the time of payment for the overdue amount.

4. The owner of the drainage works shall be responsible for organizing supervision, inspection, and payment to the water drainage unit according to the contract.

5. The management and operation contract shall be paid from the water drainage fee revenue and the annual budget plan of the drainage works owner.

Article 36. Content of Drainage System Management

1. Drainage system management includes managing facilities from stormwater inlet structures, stormwater conveyance pipelines in areas, main drainage channels, stormwater retention ponds, flood prevention, pumping stations... tidal gates (if any) to discharge points into the environment.

2. Stormwater pipelines, ditches, manholes must be cleaned, maintained, and serviced regularly to ensure flow as designed. Regularly inspect and maintain manhole covers and stormwater inlets. Periodically inspect and evaluate the quality of pipelines and facilities within the network to propose replacement and repair plans.

3. Establish a drainage system management process that meets technical requirements for management and operation as prescribed.

4. Propose development plans for the network based on watersheds.

Article 37. Content of Wastewater Drainage System Management

1. Wastewater drainage system management includes managing connection points, collection pipelines, transmission pipelines to wastewater treatment plants, and from wastewater treatment plants to discharge points into the environment. The content of drainage management includes:

a) Regularly inspecting the tightness and sedimentation at connection points, manholes, and pipelines to develop plans for pipeline cleaning, repairs, and maintenance;

b) Regularly inspecting and evaluating the quality of facilities, proposing measures for replacing and repairing the drainage network and facilities within the network;

c) Establishing a wastewater drainage system management process that meets technical requirements for management and operation as prescribed;

d) Proposing development plans for the network based on watersheds.

2. In cases where there is a shared drainage network, the management of the drainage system shall be carried out as stipulated in Article 36 and Clause 1 of Article 37 of this Decree.

Article 38. Contents of managing the rainwater regulation pond system

1. Managing the rainwater regulation pond system within the drainage system to regulate rainwater, while creating an ecological environment landscape combined with recreational activities and aquaculture.

2. Controlling behaviors of discharging domestic wastewater and production-generated wastewater directly into the rainwater regulation pond.

3. Inspecting and supervising the exploitation and use of the rainwater regulation pond for various purposes permitted by competent authorities (recreational activities, aquaculture, tourism...) in accordance with regulations to ensure its function of regulating rainwater and the environment.

4. Maintaining stable water levels in the rainwater regulation pond to ensure its function of regulating rainwater and other requirements.

5. Regularly dredging the bottom of the pond, cleaning the pond bed and banks.

6. Establishing management procedures and regulations on the exploitation and use of the rainwater regulation pond.

Article 39. Contents of managing key works

1. Operating pumping stations, pressure pipelines, wastewater treatment plants, and discharge points into the environment in accordance with approved operation and maintenance procedures.

2. Regularly inspecting and evaluating the quality of key works to ensure the continuous operation of the system, proposing replacement, repair measures, and development plans.

Article 40. Asset Management

The drainage unit responsible for managing and operating the drainage system must manage assets invested from the owner's capital:

1. Compiling a list of managed assets.

2. Organizing the protection of managed assets.

3. Regularly inspecting and evaluating the quality of assets.

4. Developing maintenance plans for works, replacements, and procurement of new equipment.

Chapter V

SEWERAGE SERVICES

Article 41. Connection Points

1. The drainage unit must establish connection points for households to connect to the drainage system's collection network. All households within areas where drainage services are required and provided must connect to the drainage system's collection network except in cases specified in Article 45 of this Decree.

2. The location of the connection point is determined along the collection line of the drainage system. The elevation and technical requirements of the connection point are defined by the drainage unit.

3. The drainage system owner is responsible for investing in constructing the collection network up to the connection point. Households are responsible for investing in sewage pipes and preliminary treatment facilities up to the connection point; restoring public land surfaces used for construction; and notifying the drainage unit of the connection construction time for inspection to ensure compliance with regulations.

Article 42. Regulations on Discharging Wastewater at Connection Points

1. For domestic wastewater:

a) For newly constructed drainage systems with collection networks and centralized wastewater treatment facilities, domestic wastewater from households may be discharged directly into the wastewater collection network;

b) For cities already having shared or semi-private drainage systems, domestic wastewater must be collected and preliminarily treated before being discharged into the connection point. The Ministry of Construction will issue design and operational standards for preliminary domestic wastewater treatment facilities at households. The drainage unit is responsible for and has the right to supervise the construction of collection and preliminary domestic wastewater treatment facilities by households to ensure compliance with regulations.

2. For other types of wastewater:

a) Households must collect and have localized wastewater treatment systems that meet permissible standards before discharging into the connection point;

b) Households must sign contracts with accredited laboratories to regularly take samples and analyze wastewater quality before discharging into the connection point every two months. Test results must be sent to the local state management agency for drainage, the drainage unit, and the household.

3. The drainage unit is responsible for organizing the supervision of households' wastewater discharge into the drainage system it manages to ensure compliance with standards, and conducting sampling and testing when necessary.

Article 43. Connecting Industrial Zone Drainage Systems to Urban Drainage Systems

In cases where the drainage system of an industrial zone is connected to the urban drainage system, it shall be treated as a user of urban drainage services and must comply with the regulations of the urban drainage system.

Article 44. Connection Agreement

The connection agreement is a document that stipulates between the drainage unit and the drainage user the location of the connection point, technical requirements at the connection point, timing of the connection, quality, and flow rate of wastewater discharged into the connection point.

Article 45. Exemption from Connection

Construction works are exempted from connecting to the drainage system in the following cases:

1. Near a receiving source where the quality of wastewater meets environmental sanitation requirements and connecting to the common drainage system may impose unreasonable economic burdens on the drainage user.

2. In areas not yet covered by a centralized drainage collection network.

Article 46. Sewerage Service Contract

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

2. The sewerage service contract includes the following main contents:

a) Contract subjects;

b) Connection point;

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

d) Quality of service;

đ) Rights and obligations of the parties;

e) Sewerage fees and payment methods;

g) Handling of breach of contract;

h) Other contents agreed upon by both parties.

Article 47. Suspension of Sewerage Services

1. For households: the drainage unit shall not suspend the provision of sewerage services under any circumstances, except as specifically provided for in the Management and Operation Contract. Non-payment of sewerage fees or unauthorized modification or repair of the drainage system by drainage users, or violation of drainage regulations will be handled according to relevant laws; simultaneously, the clean water supply unit has the obligation to suspend clean water supply at the request of the drainage unit.

2. For other drainage users:

a) Violation of drainage regulations without causing adverse effects on the environment, the drainage unit issues a notice of violation and requests the drainage user to rectify it. If the drainage user does not comply within fifteen days, the drainage unit issues a second notice; if the drainage user still does not comply after another fifteen days, the drainage unit may suspend sewerage services according to the provisions of the Sewerage Service Contract and relevant laws on drainage; simultaneously, the clean water supply unit has the obligation to suspend clean water supply at the request of the drainage unit;

b) Violation of drainage regulations causing adverse effects on the environment, the drainage unit prepares a record and requires the drainage user to immediately rectify the situation. If the drainage user does not comply, the drainage unit has the right to suspend sewerage services and request the clean water supply unit to suspend clean water supply; simultaneously, the drainage user is subject to legal penalties.

3. Sewerage services and clean water supply are restored after the drainage user has fully remedied the consequences caused by violations, fulfilled all obligations as prescribed.

4. In cases where sewerage services are suspended for repairs, improvements, or upgrades to the drainage system, the drainage unit must issue a notice informing related drainage users of the reasons, duration of the temporary suspension of sewerage services, and simultaneously implement temporary drainage measures to minimize impacts on production and daily life of drainage users and reduce environmental pollution.

Chapter VI

SEWERAGE FEES

Article 48. Objects Subject to Sewage Discharge Fees

1. All households discharging wastewater into the sewage system shall be obligated to pay sewage discharge fees as prescribed in this Decree.

2. All households directly discharging wastewater into the environment shall be obligated to pay environmental protection fees for wastewater as prescribed in Government Decree No. 67/2003/NĐ-CP dated June 13, 2003 on environmental protection fees for wastewater and Government Decree No. 04/2007/NĐ-CP dated January 8, 2007 amending and supplementing certain articles of Government Decree No. 67/2003/NĐ-CP.

Article 49. Principles for Determining Sewage Discharge Fees

1. The sewage discharge fee scheme shall be determined based on the principle of recovering costs to maintain sewage services including both stormwater and wastewater.

2. Sewage discharge fees shall be set appropriately with economic and social development phases; consistent with investment levels to improve service quality, gradually increasing, and aiming to cover management, operation costs, and contribute to construction investment costs for sewage works.

3. Local budgets must ensure sufficient funding to cover management, operation, and maintenance costs for sewage services within their jurisdiction when the revenue from sewage discharge fees is lower than actual costs.

Article 50. Methods for Determining Sewage Discharge Fee Levels

1. For domestic wastewater, the sewage discharge fee level shall be calculated based on the volume of wastewater.

2. For other types of wastewater, the sewage discharge fee level shall be calculated based on the volume of wastewater and the pollutant concentration in the wastewater.

Article 51. Determination of Wastewater Volume Subject to Fees

1. For domestic wastewater:

a) In cases where clean water is used from centralized water supply systems, the volume of wastewater subject to fees shall be equal to 100% of the clean water consumption recorded on water bills.

b) In cases where clean water is not used from centralized water supply systems, the volume of wastewater subject to fees shall be 4m³/person/month.

2. For other types of wastewater:

a) In cases where clean water is used from centralized water supply systems, the volume of wastewater subject to fees shall be 80% of the clean water consumption recorded on water bills. Water discharge entities or households may install meters to accurately measure the volume of wastewater discharged into the sewage system.

b) In cases where clean water is not used from centralized water supply systems, the volume of wastewater subject to fees shall be determined through meter readings. Households discharging water shall be responsible for installing meters and auxiliary protective devices.

Article 52. Determination of Pollutant Concentration Subject to Fees

1. The pollutant concentration subject to fees for non-domestic wastewater shall be determined according to the COD (mg/l) index.

2. The COD level shall be determined based on the analysis results from a certified laboratory as stipulated in Point b Clause 2 Article 42 of this Decree.

Article 53. Determination of Sewage Discharge Fee Levels

The sewage discharge fee levels for households discharging water shall be determined using the following formula:

F = f x V x K

Where:

f is the sewage discharge fee rate expressed as a percentage and shall not be less than 10% of the clean water consumption price applicable to different user categories.

V is the volume of wastewater subject to fees as specified in Article 51 of this Decree.

K is the adjustment factor dependent on the pollutant concentration as specified in Article 52 of this Decree; for domestic wastewater, K shall be taken as 1.

The factor K shall be determined as follows:

Article 54. Basis for establishing the drainage fee plan

1. Principles and methods for determining the drainage fee.

2. Economic and social development conditions of each region and income levels of residents during each period.

3. Management, operation costs, and reasonable profit of the drainage unit.

Article 55. Responsibilities for establishing, authority to review and decide on the drainage fee

1. The owner of the drainage works directs the drainage unit to organize the establishment and submit the drainage fee plan.

2. The Department of Construction of provinces and the Department of Transport and Public Works of centrally administered cities take the lead and coordinate with the Department of Finance to review the drainage fee plan.

3. The provincial People's Committee decides on the drainage fee for each urban area under its management after approval by the same-level People's Council.

4. The drainage fee in industrial zones is determined and agreed upon by the investor operating and developing the infrastructure of the industrial zone with the owners of projects within the industrial zone.

Article 56. Adjustment of the drainage fee

1. The drainage fee shall be adjusted in the following cases:

a) When there is significant investment in changing wastewater treatment technology and service quality;

b) Changes in state mechanisms and policies;

c) Changes in national, regional economic and social development conditions and residents' income.

2. The procedures, formalities, and authority to adjust the drainage fee are carried out according to the provisions of Article 55 of this Decree.

Article 57. Methods of collecting and paying the drainage fee

1. Organizations and individuals providing water supply services are responsible for organizing the collection of drainage fees through water bills for households using clean water from centralized water supply systems and benefiting from the cost of drainage fee collection services.

2. Monthly, the drainage unit must provide information on the quality of non-domestic wastewater from households to serve as the basis for determining the drainage fee to organizations and individuals providing water supply services in the area. The time of provision is agreed upon by both parties.

3. The drainage unit directly collects drainage fees from households not using clean water from centralized water supply systems.

Article 58. Management and use of the drainage fee

The collected drainage fee is managed by the owner of the drainage works and used for the following purposes:

1. Payment for management and operation contracts.

2. Payment for drainage fee collection services.

3. Investment to maintain and develop drainage facilities.

Chapter VII

RIGHTS AND OBLIGATIONS OF THE PARTIES INVOLVED

Article 59. Rights and obligations of the drainage unit

1. The drainage unit has the following rights:

a) To operate in accordance with regulations, receiving full payment for management and operation service costs of the drainage system according to signed contracts;

b) To request relevant state agencies to consider amending and supplementing technical and economic norms related to drainage activities;

c) To participate in the formulation of drainage planning in the area;

d) To be compensated for damages caused by related parties in accordance with the law;

đ) Other rights as prescribed by law.

2. The drainage unit has the following obligations:

a) To manage assets invested by the owner of the drainage works according to signed contracts;

b) To comply with operational procedures and norms of the drainage system;

c) To handle incidents and restore drainage operations;

d) To establish and submit the drainage fee plan for approval by competent authorities as prescribed;

đ) To establish a database, manage households connected to the drainage system it manages; cooperate with water supply units or directly organize the collection of drainage fees as prescribed;

e) To implement environmental protection laws;

g) To provide agreed-upon connection information to interested parties;

h) To ensure the safety of the drainage system in accordance with regulations;

i) To ensure stable drainage service operation as prescribed;

k) To report regularly as required to the owner and state management agencies for drainage at the local and central levels;

l) To compensate when causing damage to users in accordance with the law;

m) Other obligations as prescribed by law.

Article 60. Rights and Obligations of Sewage Service Users

1. The rights of sewage service users include the following:

a) Receiving sewage services in accordance with the provisions of the law;

b) Requesting the sewage service provider to promptly rectify any incidents that occur;

c) Being provided or introduced information about sewage activities;

d) Being compensated for losses caused by the sewage service provider in accordance with the provisions of the law;

đ) Complaining or reporting violations of sewage laws by the sewage service provider or related parties;

e) Other rights as prescribed by law.

2. The obligations of sewage service users include the following:

a) Paying sewage fees fully and on time;

b) Discharging wastewater into the system in compliance with regulations and standards issued by competent state agencies;

c) Promptly notifying the sewage service provider when abnormal phenomena that may cause incidents to the sewage system are observed;

d) Connecting the sewage system of the construction project to the common sewage system in accordance with the connection agreement's provisions;

đ) Compensating for damages caused to related parties in accordance with the provisions of the law;

e) Other obligations as prescribed by law.

Chapter VIII

INSPECTION, AUDIT AND VIOLATION HANDLING

Article 61. Inspection and Supervision

1. The specialized construction inspection agency shall perform the function of specialized inspection of urban and industrial area sewage systems.

2. The environmental protection inspection agency shall perform the function of specialized inspection regarding environmental protection in sewage activities.

3. Content: inspecting and supervising the implementation of legal provisions on sewage; identifying, preventing, and handling violations of sewage laws within their authority, and recommending competent authorities to handle such violations; recommending measures to ensure the enforcement of sewage laws and environmental protection.

4. The inspection of sewage activities shall be carried out in accordance with the provisions of the law on inspection.

Article 62. Handling Complaints and Reports

1. Organizations and individuals have the right to complain or report violations of the law in sewage activities.

2. The handling of complaints and reports of violations of the law in sewage activities shall be carried out in accordance with the provisions of the law on complaints and reports.

3. During the period of complaint, report, or lawsuit, organizations and individuals must still comply with administrative decisions of competent state management agencies on sewage. When there is a decision to resolve complaints and reports on sewage activities by competent state management agencies or a court judgment has taken effect, they shall implement according to those decisions and judgments.

Article 63. Handling Violations

1. Organizations and individuals have the responsibility to promptly detect, prevent, and recommend the handling of violations of the law in sewage activities.

2. Organizations and individuals violating prohibited acts in sewage activities as stipulated in Article 11 of this Decree shall be subject to administrative penalties or criminal liability, depending on the nature and severity of the violation, in accordance with the provisions of the law.

3. In cases where violations of the law in sewage activities cause damage to the interests of the State, the legitimate rights and interests of organizations and individuals, the violators must compensate for the damage.

Chapter IX

IMPLEMENTING PROVISIONS

Article 64. Effective Date

This Decree shall take effect fifteen days after its publication in the Official Gazette.

1. The Director of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments, the Chairmen of Provincial People's Committees, the Directors of the Vietnam Highway Administration, and the heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular.

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 agencies under the Government, Chairmen of People's Committees of provinces and centrally-administered cities, and related organizations and individuals are responsible for implementing this Decree./.