Decree No. 124/2011/ND-CP dated December 28, 2011 of the Government amending and supplementing a number of articles of Decree No.117/2007/ND-CP dated July 11, 2007 of the government of the production, supply and consumption of clean water

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF DECREE NO.117/2007/ND-CP DATED JULY 11, 2007 OF THE GOVERNMENT OF THE PRODUCTION, SUPPLY AND CONSUMPTION OF CLEAN WATER

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THE GOVERNMENT

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

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

Pursuant to the Law on Construction dated November 26, 2003;

At the proposal of Minister of Construction;

DECREES:

Article 1. To amend and supplement some Articles of Decree No.117/2007/ND-CP dated July 11, 2007 by the Government on the production, supply, and consumption of clean water as follows:

1. To supplement clause 3 of Article 6 as follows:

"Article 6. Land use in water supply

3. Water supply units are exempted from land use fees, land rent for water supply works including the works mining water, of water treatment, pipeline and works on water supply pipeline networks; the works supporting management and operation of water supply systems (house for administrative activities, the house for management, administration, workshop, warehouse of supplies and equipment)."

2. Point b, clause 2 of Article 12 is amended and supplemented as follows:

"Article 12. Subjects of elaboration of water supply planning

2. Water supply planning is held to elaborate as a separate planning scheme in the following cases:

b) Urban water supply planning: For the urban centers as centrally-run cities (and other urban centers when it is deemed necessary), aiming to concretize the water supply orientations identified in general planning.

3. Article 13 is amended and supplemented as follows:

"Article 13. Terms and duration of formulation of regional water supply planning

1. Terms of regional water supply planning according to the term of regional construction planning.

2. Duration for formulating scheme of regional water supply planning does not exceed 18 months from the date of the planning tasks to be approved by competent authorities."

4. Article 21 is amended and supplemented as follows:

"Article 21. Phase and duration for formulating scheme of urban water supply planning

1. Phase of urban water supply planning according to phase of general urban planning.

2. Duration for formulating scheme of regional water supply planning does not exceed 9 months from the date of the planning tasks to be approved by competent authorities."

5. Article 22 is amended and supplemented as follows:

"Article 22. The contents of the task of urban water supply planning scheme

1. The contents of the planning tasks of urban water supply:

a) Determine the need, scope and objectives for planning urban water supply;

b) Determine the basic norms, applicable standards and regulations;

c) The requirements for research: changes in environment; quality, reserve and capacity to exploit for use of the water source; the specific requirements for urban water planning;

2. Drawings of location, boundaries, and regional relations; the ratio of 1/50,000 to 1/250,000.

3. Duration for making the task of planning the urban water supply does not exceed 02 months from the date of signing the consultancy contract between the agency or organization planning or investor with an organization consulting for planning."

6. Article 24 is amended and supplemented as follows:

"Article 24. Contents of planning scheme of urban water supply

1. Evaluation of the current state of water supply system: mining resources, capacity, efficiency of extraction, clean water quality, water pressure, connection rate, the rate of loss of revenue and evaluation the operational status of works, water supply pipelines network.

2. Specific evaluation of reserve, the quality of surface water, groundwater sources and the ability to exploit for the water supply.

3. Identify targets of water supply for purposes of use and water supply demand.

4. Specific selection of water supply sources and determination of needs; division of water supply, determination of the demand for land use for the water supply works.

5. Determination of water supply pipelines network (networks of grade I, II), the location, size of capacity of the water supply works.

6. Determination of programs and priority projects of investment, preliminary determination of the total investment amount, estimate of resources for implementation.

7. Proposal of regulations to protect water resources, protect the water supply system.

8. Strategic environmental assessment."

7. Clause 1 of Article 25 is amended and supplemented as follows:

"Article 25. Dossier of planning scheme of urban water supply

1. Drawings:

a) Map of location and its regional relations, rate of 1/50,000 to 1/250,000;

b) Map of current status of the urban water supply systems; rate of 1/10,000 to 1/25,000;

c) Map of surface water, groundwater sources, and the ability to exploit the water source; rate of 1/10,000 to 1/25,000;

d) The map of urban water supply planning; rate of 1/10,000 to 1/25,000."

8. Clause 3 of Article 30 is amended and supplemented as follows:

"Article 30. Promotion and incentives and support of investment

3. Projects of investment and construction of water supply to be supported by the State:

a) Investment in the construction of infrastructure outside the fence, such as power supply and roads;

b) Expenses for compensation, site clearance when implementing water supply projects in urban areas;

c) Expenses for compensation, site clearance and a part of cost of investment in construction the works when implementing water supply projects for areas with special difficulties for water resources, ethnic minority, mountainous areas and islands;

d) Priority of the use of financial incentive sources for the projects investing in water supply, regardless of users;

đ) Priority of interest rate support after the investment in water supply projects funded with commercial loans. "

9. Cancel provisions in clause 2 of Article 42.

10. Clause 1 of Article 51 is amended and supplemented as follows:

"Article 51. The principles for calculation of water prices

1. Clean water prices must be calculated accurately and fully the rational cost factors of production in the process of production and distribution of clean water (including the cost of maintaining connections) to ensure the legitimate rights and interests of units of water supply and water-users."

11. To supplement clause 6, Article 52 as follows:

"Article 52. Bases of the establishment and adjustment of water prices

6. As scheduled price adjustment approved by the provincial People s Committees."

12. To remove the phrase "Department of Transport and Public Works" in clause 2 of Article 18, clause 2 of Article 26, clause 8 of Article 60.

Article 2. Transitional settlement

The units of water supply that are collecting water charges as specified in clause 2 of Article 42 of Decree No.117/2007/ND-CP shall be continued to implement until further adjustment for the next time.

Article 3. Effect and responsibility for the implementation

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

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

3. The ministers, heads of ministerial-level agencies, heads of governmental agencies, presidents of People s Committees of provinces and cities under central authority shall implement this Decree./.