Decree No. 98/2019/ND-CP Amending and Supplementing Certain Provisions of Decrees in the Field of Technical Infrastructure

DECREE

Amending and supplementing certain articles of decrees related to technical infrastructure

relating to technical infrastructure

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||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

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

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

Pursuant to the Planning Law dated November 24, 2017;

BASED ON THE LAW AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF 37 LAWS RELATED TO PLANNING dated November 20, 2018;

At the proposal of the Minister of Construction;

The Government promulgates this Decree amending and supplementing certain articles of decrees related to technical infrastructure.

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

1. Models

"Article 12. Subjects for water supply planning

1. The contents of water supply planning shall be determined in regional planning, provincial planning, construction planning, and urban and rural system planning. 2. Urban water supply planning shall be organized as a separate planning project for central cities."

2. Amending and supplementing Clause 1 of Article 23 as follows:

"1. Economic and social development strategies, defense and security strategies, national-level planning systems, and technical and specialized planning that have been approved, if any."

3. Amending and supplementing Article 26 as follows:

"Article 26. Responsibilities for preparation, timeframes, and authority for examination and approval of tasks and projects for urban water supply planning

1. The People's Committee of a centrally-administered city shall be responsible for organizing the preparation of tasks and projects for urban water supply planning within its administrative boundaries.

2. Authority for examination and approval of tasks and projects for urban water supply planning:

a) For centrally-administered cities classified as special-class cities, the People's Committee shall submit the tasks and projects for urban water supply planning to the Ministry of Construction for examination and then to the Prime Minister for approval.

b) The urban planning management agency of a centrally-administered city shall examine and submit the tasks and projects for urban water supply planning to the People's Committee of the centrally-administered city for approval, except for the provisions stipulated in point a of Clause 2 hereunder. The People's Committee must seek the agreement of the Ministry of Construction before approving the tasks and projects for urban water supply planning.

3. The examination period for tasks and projects for urban water supply planning shall not exceed twenty working days, and the approval period shall not exceed fifteen working days from the date of receipt of complete valid documents as prescribed.”

4. Amending and supplementing point a of Clause 1 of Article 28 as follows:

"a) There are adjustments to economic and social development strategies, defense and security strategies, and technical and specialized planning within the national planning system."

5. Amending and supplementing Clause 2, Clause 3, and point a of Clause 6 of Article 29 as follows:

a) Amend and supplement Clause 2 as follows:

"2. In areas where organizations or individuals are currently providing water supply services, those organizations or individuals may continue to provide such services in those areas."

b) Amend and supplement Clause 3 as follows:

"3. In areas without existing water supply units or where it is necessary to change water supply units due to non-compliance with service quality requirements and water supply development plans, the selection of water supply units to invest in and operate water supply systems and clean water sales in those areas shall be conducted according to the laws on bidding and specific conditions of each locality."

c) Amending and supplementing point a of Clause 6 as follows:

"a) The Provincial People's Committee or the agency delegated by the Provincial People's Committee (hereinafter referred to as the People's Committee) shall organize the selection of water supply units, with the participation of localities within the water supply area;"

6. Amending and supplementing Article 35 as follows:

"Article 35. Stages and Determination of Investment Scale

The stages of investment and determination of the scale of water supply projects must be consistent with actual needs and anticipate strategic economic and social development, national defense, security, and national master plans, technical and specialized plans not exceeding five years from the expected operational date to maximize investment effectiveness.

7. Repeal Section 2 Chapter II and Articles 14, 15, 16, 17, 18, 19, 20.

8. Replace the phrase "water resource exploitation planning" with the phrase "water resource planning" in Clause 3, Clause 4 Article 5.

Article 2. Amend and supplement some clauses of Article 1 of Decree No. 124/2011/ND-CP dated December 28, 2011 of the Government on amending and supplementing certain articles of Decree No. 117/2007/ND-CP as follows:

1. Repeal Clause 2 and Clause 3.

2. Replace the phrase "phase" with the phrase "duration" in Clause 4.

Article 3. Amend and supplement some articles of Decree No. 23/2016/ND-CP dated April 5, 2016 of the Government on construction, management, and use of cemeteries and crematoriums as follows:

1. Amend and supplement Clause 1 Article 20 as follows:

"1. Crematoriums must be constructed in accordance with urban and rural town planning, provincial planning, construction planning, or related industry planning, and detailed construction planning for crematoriums approved by competent authorities."

2. Amend and supplement Clause 1 Article 25 as follows:

"1. Costs for preparing, reviewing, approving, and implementing detailed construction planning for cemeteries and crematoriums shall be carried out in accordance with laws on planning, construction laws, and urban planning laws."

3. Repeal Clause 13 Article 2, Article 7.

4. Replace the phrase "provincial cemetery planning" with the phrase "urban and rural town planning, provincial planning, construction planning, or related industry planning" in Point b Clause 3 Article 8, Clause 1 Article 9, Clause 1 and Point a Clause 2 Article 10, Clause 1 Article 11, Point a Clause 1 Article 12, Clause 1 Article 14.

Article 4. Amend and supplement some articles of Decree No. 80/2014/ND-CP dated August 6, 2014 of the Government on drainage and wastewater treatment as follows:

Amend and supplement Clause 1 Article 5 as follows:

"1. For centrally-administered cities, drainage planning is a separate technical infrastructure plan aimed at detailing drainage planning within the approved general urban planning. Urban drainage planning tasks must clearly define: Scope and boundaries; economic and technical standards applied; determination of drainage catchment areas and zones; receiving sources, total drainage volume forecast, drainage network, and locations and scales of drainage facilities."

Article 5. Implementation Provisions

1. This Decree takes effect from February 15, 2020.

2. Transitional provisions:

a) Specialized technical infrastructure planning for provinces and inter-provincial regions approved before January 1, 2019 will continue to be implemented until the end of the planning period; if the content of such planning does not comply with the provisions of the Planning Law 2017, it must be adjusted according to this Law;

b) Specialized technical infrastructure planning for inter-provincial and provincial regions decided or approved before January 1, 2019, during implementation, their contents may be adjusted according to relevant laws prior to the effective date of the Planning Law to meet economic and social development requirements until national, regional, and provincial planning under the Planning Law is decided or approved.

3. Repeal Decree No. 59/2007/ND-CP dated April 9, 2007 of the Government on solid waste management.

4. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees, centrally-administered city People's Committees, and related organizations and individuals are responsible for implementing this Decree./.