VietnameseDecree No. 117/2007/ND-CP dated July 11, 2007 of the Government on clean water production, supply and consumption
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Decree No. 117/2007/ND-CP dated July 11, 2007 of the Government on clean water production, supply and consumption
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 117/2007/ND-CP | Signer: | Nguyen Tan Dung |
| Type: | Decree | Expiry date: | Updating |
| Issuing date: | 11/07/2007 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Medical - Health , Natural Resources - Environment |
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Effect status: Known
THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness |
No. 117/2007/ND-CP | Hanoi, July 11, 2007 |
DECREE
ON CLEAN WATER PRODUCTION, SUPPLY AND CONSUMPTION
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
At the proposal of the Construction Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Governing scope and subjects of application
1. This Decree provides for activities in the domains of production, supply and consumption of clean water under the complete concentrated water supply systems in urban areas, rural areas, industrial parks, export processing zones, hi-tech parks and economic zones (below refered to as industrial parks for short); the rights and obligations of organizations, individuals and households engaged in activities related to clean water production, supply and consumption in the Vietnamese territory.
2. This Decree applies to domestic organizations, individuals and households and foreign organizations and individuals engaged in activities related to clean water production, supply and consumption in the Vietnamese territory.
3. If a treaty to which Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of that treaty prevail.
Article 2. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Water supply activities mean relevant activities in the domain of production, supply and consumption of clean water, including planning, designing consultancy, construction investment, operation management, clean water wholesale, clean water retail and water use.
2. Water supply services mean relevant activities of organizations or individuals in the domains of clean water wholesale and clean water retail.
3. Water supply units mean organizations or individuals that conduct some or all of activities of exploiting, producing, conducting, wholesaling and retailing clean water.
4. Water supply wholesale units mean water supply units that sell clean water to other water supply units for direct distribution or sale to water-using customers.
5. Water supply retail units mean water supply units that sell clean water directly to water-using customers.
6. Water-using customers mean organizations, individuals and households that buy clean water of water supply units.
7. Clean water means water, which has gone through treatment, pertains to safe quality and satisfies the use requirements.
8. A complete concentrated water supply system means the one composed of water-exploiting and -treating works, pipeline networks for supply of clean water to water-using customers, and relevant support facilities.
9. Water supply networks mean systems of pipelines conducting clean water from production places to consumption places, including grade-I networks, grade-II networks, grade-III networks and relevant support facilities.
10. Grade-I networks mean systems of principal pipelines functioning to conduct water to areas of water supply service regions and to major water-using customers.
11. Grade-II networks mean systems of connecting pipelines functioning to regulate water flows for principal pipelines and ensure the operation safety of water supply systems.
12. Grade-Ill networks mean systems of distribution pipelines conducting water from principal pipelines and connecting pipelines to water-using customers.
13. Support facilities mean those in support of the management, operation, maintenance and repair of water supply systems, such as yards, roads, workshops, fence walls, transformer stations, assorted valve holes, meter boxes, fire plugs, etc.
14. Water-measuring equipment means flow and pressure-measuring equipment, including water meters, pressure meters and accompanying equipment and accessories.
15. Water stealing means acts of illegally taking water not via meters, impacting to falsify figures indicated by water meters and other relevant equipment, deliberately or connivingly recording inaccurately meters figures and other acts of taking water fraudulently.
16. Water supply service regions mean areas with definite boundaries where water supply units are obliged to supply clean water to water users.
Article 3. Operating principles and policies on development of water industry
1. Water supply activities constitute a type of production and business activities subject to State control aiming to ensure the lawful rights and interests of water supply units and water-using customers, taking into account the water supply support for the poor and regions meeting with exceptional difficulties.
2. To sustainably develop water supply activities on the basis of tapping to the utmost all resources, meeting peoples demand for clean water with adequate quality, civilized and economical service and socio-economic development requirements.
3. To exploit, produce and supply clean water without depending on administrative boundaries.
4. To prioritize the exploitation of water sources for supply for daily-life activities of communities.
5. To encourage the rational and thrifty use of clean water and to apply technologies of reusing water for different purposes.
6. To encourage various economic sectors and social communities to invest in the development and management of water supply activities.
Article 4. Clean water quality
1. The quality of clean water used for daily-life activities (drinking, personal hygiene) must be up to the technical standards set by competent state bodies. The Health Ministry promulgates standards of clean water used for daily-life activities.
2. The quality of clean water used commonly for daily-life and other purposes must be up to the technical standards of clean water used for daily-life activities.
3. The quality of clean water used for purposes other than the daily-life activities is agreed upon between water supply units and water-using customers.
Article 5. Using water sources for water supply activities
1. Administrations of all levels, organizations and individuals shall protect water sources; cases of infringing upon or undermining water sources shall be strictly handled.
2. Where water sources are limited due to national conditions or prolonged droughts, natural disasters or war, the supply of crude water sources for daily-life water supply is given the first priority
3. To rationally exploit and use water sources; to combine the use of surface and underground water sources for water supply, based on water resource exploitation plannings and water supply plannings approved by competent state bodies.
4. Relevant ministries and branches shall conduct investigations and surveys, formulate and manage complete data sets on water sources in service of water supply. Water resource management agencies shall elaborate plannings on exploitation and use of water resources and supply necessary information in service of water supply; units exploiting and using water sources for water supply shall formulate plans on hygiene protection zones for water exploitation areas and submit them to competent agencies for decision, protect water sources and environment in exploitation areas and supply adequate information and data on water exploitation and use in accordance with law.
Article 6. Land use in water supply activities
1. The State and local administrations at all levels shall prioritize land funds for the construction of water supply works, based on practical demands and development requirements of each period under the approved water supply plannings.
2. Local administrations at all levels shall, based on the approved water supply plannings, organize the management and protection of land funds identified for water supply works.
Article 7. Principles of combining traffic, irrigation and hydro-electric power works with water supply
1. The planning blueprints and investment projects on construction of traffic works must ensure their synchronism with relevant water supply systems and be considered and agreed in writing by local water supply state management agencies before they are submitted to competent authorities for approval.
2. The planning blueprints and investment projects on construction of irrigation or hydroelectric power works must ensure their synchronism with relevant water supply systems, prioritizing the supply of crude water for water supply works upon the construction of irrigation or hydroelectric power works, and be considered and agreed in writing by state management agencies in charges of water supply in localities before they are submitted to competent authorities for approval. Water supply systems fed with crude water from irrigation or hydroelectric power works are liable to payment of crude water charges as provided for by law.
Article 8. Community participation
1. The State encourages people and communities to participate in the management and oversight of water supply activities.
2. The Construction Ministry guides the process of contributing opinions and overseeing by communities in the course of formulating, concluding and implementing agreements on water supply service provision.
3. Peoples Committees at all levels must abide by the process of contributing opinions and overseeing by communities in the course of formulating, concluding and implementing agreements on water supply service provision with water supply units.
Article 9. Propagation, dissemination and education of law on water supply
1. Ministries, ministerial-level agencies, government-attached agencies, Peoples Committees of all levels and water supply units shall, within the ambit of their respective responsibilities, coordinate with mass media agencies and schools in mobilizing, educating and guiding people to protect water supply works, to thriftily use water and strictly observe legal provisions on water supply.
2. Political organizations, social organizations and socio-political and professional organizations shall, within the ambit of their respective responsibilities, coordinate with water supply state management bodies in propagating and mobilizing people to protect water supply works, to use water thriftily and to strictly observe legal provisions on water supply.
Article 10. Prohibited acts in water supply activities
1. Destroying water supply works, equipment.
2. Violating the regulations on protection of safety areas of underground water wells, surface water sources in service of water supply.
3. Violating regulations on protection of safety corridors of crude water pipelines, clean water-conducting pipelines, technical facilities and water supply networks.
4. Obstructing the examination and inspection of water supply activities.
5. Stealing water.
6. Polluting unused clean water.
7. Supplying untruthful information, thus affecting the lawful rights and interests of other organizations or individuals in water supply activities.
8. Abusing positions and powers to trouble or harass other organizations or individuals in water supply activities.
9. Supplying water by water supply units for daily-life activities, which is not up to the technical standards promulgated by competent state bodies.
10. Dispersing toxic substances and contagious diseases.
11. Other acts in violation of legal provisions on water supply.
Chapter II
WATER SUPPLY PLANNINGS
Section 1. GENERAL PROVISIONS
Article 11. General provisions on water supply plannings
1. Water supply plannings are elaborated and approved for use as a basis for subsequent water supply activities.
2. All organizations and individuals participating in water supply activities must abide by water supply plannings approved by competent state bodies.
Article 12. Subjects of elaboration of water supply plannings
1. Upon elaboration of water supply plannings, the study on elaboration of water supply plannings must be organized as an inseparable part of construction planning blueprints and the provisions of this Decree and legal provisions on construction plannings must be complied with.
2. A water supply planning is elaborated as a separate planning blueprint in the following cases:
a/ Regional water supply planning: For different localities where natural conditions, socio-economic development conditions and population distribution permit the regional water supply but the regional construction planning is neither available nor formulated. In case of necessity, a regional water supply planning may be formulated to serve as a basis for management and deployment of water supply activities in service of regional socio-economic development requirements;
b/ Urban water supply planning: For urban centers of grade II or higher (and other urban centers when it is deemed necessary), aiming to concretize the water supply orientations identified in general planning on urban construction.
Water supply plannings formulated as separate planning blueprints comply with the provisions in Sections 2 and 3 of this Chapter and relevant legal provisions on construction plannings.
Section 2. REGIONAL WATER SUPPLY PLANNING
Article 13. Regional water supply planning terms and formulation duration
1. Regional water supply plannings are formulated for a short term of 5 years or 10 years or a long term of 20 years or longer.
2. The regional water supply planning formulation duration does not exceed 18 months, counting from the date the planning tasks are approved by competent authorities.
Article 14. Tasks of regional water supply planning formulation
1. Contents of regional water supply planning tasks:
a/ Assessing and forecasting the urban and rural development, regional infrastructures in compatibility with general socio-economic development plannings, construction plannings, branch development plannings for 5-year, 10-year and longer terms;
b/ Evaluating natural conditions, forecasting developments of water environment in terms of quality, deposit and capability to exploit regional, interregional water sources;
c/ Organizing regional water supply with techno-economic optimum, without depending on administrative boundaries of water exploitation and use areas.
2. Drawings on positions, boundaries, sizes and regional relations of between 1/100,000 and 1/500,000 scale.
The duration for formulation of regional water supply planning tasks shall not exceed 2 months, for regional water supply plannings within a province, 3 months for regional water supply plannings within inter-provincial areas, counting from the date the tasks are officially assigned.
Article 15. Bases for formulation of regional water supply plannings
1. Socio-economic development general plannings, construction plannings, water resource exploitation, use and development plannings, relevant branch development plannings, if any.
2. Orientations of urban development general plannings and orientations for development of national technical infrastructures already approved by the Prime Minister.
3. Investigation and survey results and relevant data and documents.
4. Standards and norms.
5. Regional water supply planning tasks already approved.
Article 16. Contents of regional water plannings
Depending on the characteristics and size of each region, a regional water planning contains the following major contents:
1. Investigation, survey and assessment of actual socio-economic situation, natural conditions and technical infrastructure system of the planned region.
2. Investigation, survey and assessment of deposit and quality of surface water and underground water sources and capability to exploit them for water supply.
3. Assessment and forecast of socio-economic development, regional technical infrastructure system.
4. Identification of water supply norms, water use demands according to planning terms for each area of the region.
5. Identification of water supply sources, water supply capacity for each term.
6. Identification of positions, capacities of key works (pumping stations, treatment plants...), principal pipelines and land use demands for water supply works.
7. Phasing of investment according to planning terms, preliminary determination of total investment, projection of projects entitled to investment priority.
8. Proposed regulations on protection of water sources and water supply systems.
9. Proposed solutions to the implementation of the planning.
10. Proposed schemes on organization of regional water supply management.
11. Assessment of environmental impacts.
Article 17. Dossiers on regional water supply planning blueprints
Depending on the characteristics and size of each region, the dossiers on a regional water supply planning blueprint comprise:
1. Drawings:
a/ Maps of positions and inter-regional relations, of between 1/100,000 and 1/500,000 scale;
b/ Maps of surface and underground water sources and water source- exploiting capability of between 1/25,000 and 1/250,000 scale;
c/ Map of current status of regional water supply system, of between 1/25,000 and 1/250,000 scale;
d/ Maps on regional water supply development orientation (positions, capacities of water supply works, conducting pipelines, water supply areas in the region), of between 1/25,000 and 1/250,000 scale.
2. General reports, covering the explanation, relevant legal documents, reports approving regional water supply planning blueprint.
Article 18. Responsibilities to formulate, competence to appraise and approve regional water supply planning tasks and blueprints
1. Responsibilities to formulate regional water supply planning tasks and blueprints:
a/ The Construction Ministry organizes the formulation of inter-provincial regional water supply planning tasks and blueprints;
b/ The Peoples Committees of provinces and centrally run cities (hereinafter called the provincial-level Peoples Committees for short) shall organize the formulation of regional water supply planning tasks and blueprints within their respective administrative boundaries.
2. Competence to appraise and approve regional water supply planning tasks and blueprints:
a/ For inter-provincial regional water supply plannings:
The Prime Minister approves or authorizes the Construction Ministry to approve inter-provincial regional water supply planning tasks and blueprints within 25 working days after the receipt of a complete and valid dossier.
The Construction Ministry assumes the prime responsibility for appraising inter-provincial regional water supply planning tasks and blueprints, which fall under the approving competence of the Prime Minister, within 20 working days after the receipt of a complete and valid dossier.
b/ For provincial regional water supply plannings:
The provincial-level Peoples Committee shall approve the regional water supply planning tasks and blueprints within administrative boundaries under its management within 15 working days after the receipt of a complete and valid dossier from the appraising body and consent of the Construction Ministry.
The provincial Construction Service and the municipal Service of Communications and Public Works shall assume the prime responsibility for appraising regional water supply planning tasks and blueprints, which fall under the approving competence of provincial-level Peoples Committee, within 20 working days after the receipt of a complete and valid dossier.
Article 19. Regulations on management of regional water supply plannings
On the basis of drawings and explanations of regional water supply planning blueprints, proposals and solutions to the implementation of regional water supply plannings, the persons competent to approve regional water supply planning blueprints promulgate regulations on management of regional water supply plannings. Such regulations cover:
1. Regulations on positions, roles, functions, sizes of regional water supply works.
2. Regulations on scopes of protection and safety corridors for water supply works and conducting pipelines.
3. Division and definition of responsibility for management and implementation of regional water supply plannings.
4. Other regulations.
Article 20. Adjustment of regional water supply plannings
1. Regional water supply plannings are adjusted in one of the following cases:
a/ There appears the adjustment of relevant socio-economic development general plannings, construction plannings or branch development plannings;
b/ There appear big changes in water source deposits or quality against forecasts.
2. The time limits for considering the adjustment of regional water supply plannings are decided by persons competent to approve regional water supply planning blueprints.
3. The adjustment of regional water plannings must be based on the analysis and assessment of the implementation of the previously approved water supply planning blueprints and the factors affecting the adjustment of plannings, ensuring their continuity, and only altered contents shall be adjusted.
4. Persons competent to approve regional water supply plannings shall approve the adjusted regional water supply planning blueprints.
Section 3. URBAN WATER SUPPLY PLANNINGS
Article 21. Urban water supply planning terms and formulation duration
1. Urban water supply plannings are formulated for a short term of 5 years or 10 years or a long term of 20 years.
2. The duration for formulation of an urban water supply planning does not exceed 12 months, counting from the date the planning tasks are approved by a competent authority.
Article 22. Urban water supply planning tasks
1. Contents of urban water supply planning tasks:
a/ Assessing and forecasting the urban development, urban infrastructures in compatibility with socio-economic development general plannings, construction plannings, branch development plannings for periods of 5 years, 10 years and 20 years;
b/ Evaluating natural conditions, forecasting environmental developments in terms of quality, deposit and exploitation capacity of water sources of urban centers, urban regions;
c/ Organizing urban water supply with techno-economic optimums, the regional relations in urban water supply.
2. Drawings of diagrams of positions, boundaries and regional relations, of 1/25,000 and 1/100,000 scale.
3. The duration for formulation of an urban water supply planning does not exceed 2 months, counting from the date the tasks are officially assigned.
Article 23. Bases for formulation of urban water supply plannings
1. Socio-economic development general plannings, construction plannings, water resource exploitation, use and development plannings, regional water supply plannings and relevant branch development plannings, if any.
2. Investigation and survey results and relevant data and documents.
3. Standards and norms.
4. Approved urban water supply planning tasks.
Article 24. Contents of urban water supply plannings
Depending on the characteristics and size of each urban center, an urban water supply planning has the following contents:
1. Investigation, survey and assessment of the actual socio-economic situation, natural conditions and technical infrastructures of the planned urban center and its relations with relevant regions.
2. Investigation, survey and assessment of the current status of the water supply system: exploitation sources, capacity, efficiency, clean water quality, water pressure, the continuity of services, the ratios of connections, waste and loss ratios and assessment of the conditions of water supply works and pipeline networks.
3. Investigation, survey and valuation of deposits and quality of surface and underground water sources and capability of exploitation for water supply.
4. Assessment and forecast of socio-economic development, urban technical infrastructure systems.
5. Identification of water supply norms for different use purposes and water supply demands according to the planning terms.
6. Identification of capability for regional water supply relations.
7. Selection of water supply sources, water outlets; identification of positions and capacity of water supply works for each term and determination of land use demands for water supply works.
8. Determination of structure of water pipeline networks; zoning of water supply, calculating grade-I and grade-II networks for each planning term, identification of connection points between grade-I networks and grade-II networks.
9. Phasing of investment according to planning terms, preliminary determination of the total investment, anticipation of priority investment projects.
10. Proposed regulations on protection of water sources, protection of water supply systems.
11. Proposed solutions to the implementation of the planning.
12. Assessment of environmental impacts.
Article 25. Dossiers of urban water supply planning blueprints
Depending on the characteristics and size of each urban center, the dossier of an urban water supply planning blueprint comprises:
1. Drawings:
a/ Maps of positions and inter-regional relations, the 1/50,000-1/250,000 scale;
b/ Maps of current status of urban water supply systems, the 1/5,000-1/25,000 scale;
c/ Maps of surface and underground water sources and water source-exploiting capability, the 1/5,000-1/25,000 scale;
d/ Maps of water supply regions zoned off according to planning terms, the 1/5,000- 1/25,000 scale;
dd/ Maps identifying positions of water supply works, grade-I and grade-II water pipeline networks, the 1/25,000-1/250,000 scale;
e/ Pressure diagram.
2. The sum-up report, including explanation, relevant legal documents, report approving the urban water supply planning blueprint.
Article 26. Responsibilities to formulate, competence to appraise and approve urban water supply planning tasks and blueprints
1. Provincial-level Peoples Committees shall organize the formulation of urban water supply planning tasks and blueprints in their respective administrative boundaries.
2. Competence to appraise, approve urban water supply planning tasks and blueprints:
a/ The Prime Minister shall approve or authorize the Construction Ministry to approve water supply planning tasks and blueprints for urban centers of special grade within 25 working days after the receipt of complete and valid dossiers. The Construction Ministry shall assume the prime responsibility for appraising water supply planning tasks and blueprints for urban centers of special grade within 20 working days after the receipt of complete and valid dossiers;
b/ Provincial-level Peoples Committees shall approve urban water supply planning tasks and blueprints for urban centers (excluding those of special grade) within administrative boundaries under their management within 15 working days after the receipt of complete and valid dossiers from the appraising bodies and the consent of the Construction Ministry;
c/ The Construction Ministry shall consider and approve water supply planning blueprints for urban centers of grade II or higher within 20 working days after the receipt of urban water supply planning blueprint dossiers and written requests of provincial-level Peoples Committees;
d/ Construction Services of provinces and the Communication and Public Works Services of centrally run cities shall appraise the urban water supply planning tasks and blueprints which fall under the approving competence of provincial-level Peoples Committees within 20 working days after the receipt of complete and valid dossiers.
Article 27. Regulations on management of urban water supply plannings
On the basis of contents of drawings, explanations of urban water supply planning blueprints, proposals and solutions to the implementation of urban water supply plannings, persons competent to approve urban water supply planning blueprints promulgate regulations on management of urban water supply planning. Such regulations cover:
1. The regulations on positions, roles, functions and sizes of water supply works;
2. The regulations on protection scope and safety corridors for water supply works and pipeline networks of the water supply systems;
3. Division and definition of management responsibilities of urban administrations of different levels and relevant organizations and individuals in the implementation and management of urban water supply plannings;
4. Other regulations.
Article 28. Adjustment of urban water supply plannings
1. Urban water supply plannings are adjusted in one of the following cases:
a/ There appears the adjustment of relevant socio-economic development general plannings, construction plannings or branch development plannings;
b/ There appear big changes in water source deposits or quality against forecasts.
2. The time limit for consideration of adjustment of an urban water supply planning is decided by the person competent to approve the urban water supply planning blueprint.
3. The adjustment of urban water supply plannings must be based on the analysis and assessment of the implementation of previously approved urban water supply planning blueprints and the factors affecting the planning adjustment, and must ensure the continuity.
4. Persons competent to approve urban water supply planning blueprints shall approve the adjusted urban water supply planning blueprints.
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