Decree No. 98/2019/ND-CP amending Decrees concerning technical infrastructure

DECREE

Amending and supplementing a number of articles of decrees concerning technical infrastructure^[1]

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

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

Pursuant to the June 18, 2014 Construction Law;

Pursuant to the November 24, 2017 Planning Law;

Pursuant to the November 20, 2018 Law Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to Planning;

At the proposal of the Minister of Construction;

The Government promulgates the Decree amending and supplementing a number of articles of decrees concerning technical infrastructure.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 117/2007/ND-CP of July 11, 2007, on clean water production, supply and consumption, as follows:

1. To amend and supplement Article 12 as follows:

“Article 12. Subjects of formulation of water supply master plans

1. Contents of a water supply master plan shall be incorporated in a regional master plan, provincial master plan, construction master plan or master plan on the system of urban and rural areas.

2. Urban water supply master plans shall be formulated as separate planning blueprints for centrally-run cities.”

2. To amend and supplement Clause 1, Article 23 as follows:

“1. Strategies for socio-economic development and national defense and security, master plans in the national system of master plans, and technical and specialized master plans already approved, if any.”

3. To amend and supplement Article 26 as follows:

“Article 26. Responsibility to formulate, time and competence to appraise and approve urban water supply planning tasks and blueprints

1. Provincial-level People’s Committees shall organize formulation of urban water supply planning tasks and blueprints in their respective administrative boundaries.

2. Competence to appraise and approve urban water supply planning tasks and blueprints:

a/ People’s Committees of centrally-run cities being urban centers of special grade shall submit water supply planning tasks and blueprints to the Ministry of Construction for appraisal and the Prime Minister for approval.

b/ Agencies managing urban planning of centrally run cities shall appraise and submit water supply planning tasks and blueprints to provincial-level People’s Committees for approval, excluding those specified at Point a, Clause 2 of this Article. People’s Committees of centrally-run cities shall consult the Ministry of Construction before approving planning tasks and blueprints.

3. Urban water supply planning tasks and blueprints shall be appraised within 20 working days and approved within 15 working days after a complete dossier is received under regulations.”

4. To amend and supplement Point a, Clause 1, Article 28 as follows:

“a/ Strategies for socio-economic development and national defense and security, master plans in the national system of master plans, and technical and specialized master plans are adjusted.”

5. To amend and supplement Clauses 2 and 3, and Point a, Clause 6 of Article 29 as follows:

a/ To amend and supplement Clause 2 as follows:

“2. For areas where water supply service providers are available, such providers may further provide water supply services in the areas.”

b/ To amend and supplement Clause 3 as follows:

“3. For areas where water supply units providing water supply services are not available, or areas where it is necessary to change water supply units that fail to meet requirements on service quality and water supply development plans, the selection of water supply units for investment in the construction of water supply systems and clean water business in the areas must be carried out in accordance with the bidding law and under specific conditions of each locality.”

c/ To amend and supplement Point a, Clause 6 as follows:

“a/ Provincial-level People’s Committees (below referred to as People’s Committees) or their authorized units shall organize the selection of a water supply unit, with the participation of localities in the water supply region;”

6. To amend and supplement Article 35 as follows:

“Article 35. Investment phasing and scaling

The investment phasing and scaling of water supply works must suit practical conditions and anticipate strategies for socio-economic development, national defense or security, master plans in the national system of master plans and technical and specialized master plans within 5 years from the time such works are expected to be commissioned with a view to increasing investment efficiency.”

7. To annul Section 2, Chapter II, and Articles 14 thru 20.

8. To replace the phrase “water resource exploitation master plans” in Clauses 3 and 4, Article 5, with the phrase “water resource master plans”.

Article 2. To amend and supplement a number of clauses of Article 1 of the Government’s Decree No. 124/2011/ND-CP of December 28, 2011, amending and supplementing a number of articles of Decree No. 117/2007/ND-CP, as follows:

1. To annul Clauses 2 and 3.

2. To replace the word “term” in Clause 4, with the phrase “time limit”.

Article 3. To amend and supplement a number of articles of the Government’s Decree No. 23/2016/ND-CP of April 5, 2016, on construction, management and use of cemeteries and crematoria, as follows:

1. To amend and supplement Clause 1, Article 20 as follows:

“1. Crematoria shall be built in compliance with master plans on the system of urban and rural areas, provincial master plans, construction master plans, master plans of related sectors, and detailed crematoria construction master plans approved by a competent authority.”

2. To amend and supplement Clause 1, Article 25 as follows:

“1. Expenses for formulation, appraisal, approval and implementation of a detailed master plan on construction of cemeteries and crematoria must comply with the laws on planning, construction and urban planning.”

3. To annul Clause 13, Article 2, and Article 7.

4. To replace the phrase “provincial cemetery master plans” at Point b, Clause 3 of Article 8; Clause 1 of Article 9; Clause 1 and Point a, Clause 2 of Article 10; Clause 1 of Article 11; Point a, Clause 1 of Article 12; and Clause 1 of Article 14, with the phrase “master plans on the system of urban and rural areas, provincial master plans, construction master plans or master plans of related sectors”.

Article 4. To amend and supplement a number of articles of the Government’s Decree No. 80/2014/ND-CP of August 6, 2014, on water drainage and wastewater treatment

To amend and supplement Clause 1, Article 5 as follows:

“1. For a centrally run city, a water drainage master plan is a technical infrastructure master plan which is separately formulated to concretize water drainage master plan contents included in the approved general urban master plan. A specialized water drainage master plan must clearly state planning scope and boundaries; applicable economic and technical norms and technical regulations; drainage basins and areas; receiving sources; total estimated volume of drained water; water drainage networks and locations and size of water drainage works.”

Article 5. Implementation provisions

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

2. Transitional provisions:

a/ Provincial and interprovincial technical infrastructure master plans that were approved before January 1, 2019, may further be implemented through the end of their planning period. If master plan contents fail to comply with the 2017 Planning Law, the master plans must be adjusted in accordance with this Law;

b/ Provincial and interprovincial technical infrastructure master plans that were decided or approved before January 1, 2019, may have their contents adjusted in accordance with relevant laws before the effective date of the Planning Law so as to meet socio-economic development requirements until national master plans, regional master plans and provincial master plans under the Planning Law are decided or approved.

3. To annul the Government’s Decree No. 59/2007/ND-CP of April 9, 2007, on management of solid wastes.

4. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC