Joint circular No. 75/2012/TTLT-BTC-BXD-BNNPTNT dated May 15, 2012 of the Ministry of Finance, the Ministry of Construction and the Ministry of Agriculture and Rural Development guiding principles and method of determination and competence to decide water consumption price in the urban areas, industrial zones and rural areas

JOINT CIRCULAR

GUIDING PRINCIPLES AND METHOD OF DETERMINATION AND COMPETENCE TO DECIDE WATER CONSUMPTION PRICE IN THE URBAN AREAS, INDUSTRIAL ZONES AND RURAL AREAS

Pursuant to the Decree No.170/2003 /ND-CP dated 25/12/2003 of the Government detailing the implementation of some Articles of the Ordinance on Price; the Decree No.75/2008/ND-CP dated 09/06/2008 of the Government amending and supplementing some Articles of the Decree No.170/2003/ND-CP;

Pursuant to the Decree No.117/2007/ND-CP dated 11/7/2007 of the Government on the production, supply and consumption of clean water; the Decree No.124/2011/ND-CP dated 28/12/2011 of the Government amending and supplementing some Articles of the Decree No.117/2007/ND-CP dated 11/7/2007 of the Government on the production, supply and consumption of clean water;

Pursuant to the Decree No.118/2008/ND-CP dated 27/11/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Finance;

Pursuant to the Decree No.17/2008/ND-CP dated 04/02/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Construction;

Pursuant to the Decree No.01/2008/ND-CP dated 03/01/2008 of the Government regulating functions, duties, powers and organizational structure of Ministry of Agriculture and Rural Development;

Pursuant to the Decision No.2147/QD-TTg on 24/11/2010 of the Prime Minister approving the national program against loss, collection loss of clean water by 2025;

Minister of Finance; Minister of Construction; Minister of Agriculture and Rural Development issue a Joint Circular to guide principles, and method for determining competence to decide the price of clean water consumption in the urban areas, industrial zones and rural areas as follows:

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof governing

This Joint Circular guides the principles and method of determination of clean water consumption price and competence to decide on clean water consumption prices for used as a basis for the organizations that are competent under the provisions of law and the provisions of this Joint Circular to prepare, submit and approve price plan and decide on clean water prices in urban areas, industrial zones and rural areas.

Article 2. Subjects of application

This Joint Circular applies to organizations that are competent to prepare, submit, evaluate the price plan and decide on clean water consumption prices in accordance with the provisions of law and the provisions of this Circular; the water supply units conduct water supply services in the field of wholesale, retail and water use customers.

Chapter II

PRINCIPLES FOR DETERMINING CLEAN WATER CONSUMPTION PRICES

Article 3. Principles for determining the clean water consumption prices

1. Clean water prices must be calculated accurately and fully reasonable production costs, the entire cost of the production process, distribution and consumption (including the cost of maintaining connection) for the water supply units to maintain and develop on the basis of regulations, standards, technical and economic norms announced or promulgated according to law provisions by the competent agencies and reasonable norm profit of commercial water volume performed by the organizations and individuals a part or all of the activities of mining, production, transmission, wholesale and retail of clean water (called as water supply units) under the provisions of the Regulation on valuation issued by the State and the guidance in this Circular in accordance with relationship of demand and supply on clean water and conditions of socio-economic development of the country, region and income of people in each period, to ensure the legitimate rights and interests of the water supply units and customers of water use; to encourage the water supply units to improve quality of service and strive to reduce costs, reduce water loss to meet the needs of customers, and encourage customers to use water economically and also encourage the investors to invest in production, supply and consumption of clean water.

2. Prices of clean water consumption of water supply units are determined not based on economic components; subjects of water use as domestic or foreign organizations or individuals, but be determined for each different purpose of water use such as: water used for residential activities (taking into supporting policies for the subjects of water use as the poor households of the regions of ethnic minority and mountainous areas, coastal areas and islands and border areas under the current criteria prescribed by the State); water used for the administrative agencies, non-business organizations; for manufacturing, business, services, in accordance with the characteristics of water consumption, water source and conditions of water production of each region, each locality, each region.

3. Water consumption prices are prescribed under principles of determining prices prescribed in Clause 1 hereof in accordance with principles and methods of determining prices, competence and within the price bracket or limit prescribed by the State; but required to conform to water quality under the current technical regulations announced or issued by the competent agencies under the provisions of law.

4. If prices of water consumption are decided (or approved) by the People s Committees of provinces and cities under central authority (hereinafter referred to as provincial-level People s Committee) lower than the clean water price plan compiled by the water supply units and has been appraised by Departments of Finance according to the principles of calculating accurately, calculating fully as above regulated, then annually the provincial-level People s Committees must consider, subsidize from local budget or have reasonable support mechanism in accordance with the authority and the provisions of law to ensure that the clean water supply, production units are covered enough costs to conduct normal production, business, except where clean water is produced from clean water projects invested under the BOT method.

Article 4. Principles of price adjustment

Every year, when the components of clean water supply, production costs, calculated by the principles defined in Article 3 and the method of determining the total costs of production provided for in Article 5 of this Circular are variable or when there are changes in technology for water treatment, quality regulations of service; the change in the concerned mechanism of state policies leading water consumption price increase (or decrease), the level competent to decide (or approve) the water prices specified in this Circular shall consider to increase (or decrease) price bracket, specific water consumption rates properly.

Chapter III

METHOD OF DETERMINING CLEAN WATER CONSUMPTION PRICES

Article 5. Method for determination of total costs of production, sales of the clean water product

1. Total reasonable and regular production costs of clean water product as a basis for calculating the entire prices and costing 01 cubic meters (m3) of clean water must be calculated for the output of respective commercial water during the calculation period accordance with standards and regulations of technical and economic norms of clean water production announced or promulgated by the competent agencies as prescribed by law (not calculated at the actual average production cost of the water supply units in the province), including the following costs:

2. For clean water in urban areas, industrial zones (including industrial zones, export processing zones, hi-tech parks, economic zones - referred to as industrial zones), the contents of each cost shall be determined as follows:

a) Direct material cost includes the costs of raw materials, fuel, power directly used to produce products such as: the cost in money to pay for the purchase of clean water, raw water (for the enterprises required to purchase clean water, raw water), electricity, aluminum, chlorine and other auxiliary materials used for water treatment.

Direct material cost is determined by the total volume of each material used multiplied (x) with corresponding unit prices of materials, in which:

- The volume of materials used to produce clean water applicable in accordance with regulations, standards of economic - technical norms for production of clean water announced or issued according to the law provisions by the competent agencies. For materials put into production which have not prescribed in regulations, standards of economic - technical norms announced or issued by the competent agencies, the Presidents of the Management Board or general directors, directors of water supply units shall set up norms included in the clean water consumption price plan to submit to the provincial-level People s Committee for approval;

- Material prices are the prices of actual purchase by the prices specified by the State or quotation, guidance of price at the time of calculation (for the materials which are still defined and managed prices by the State in the forms: price registration and declaration, price negotiation, publication of information on the price) or market price stated in invoice in accordance with the law provisions of the seller at the time of calculation (for the materials not on the list prescribed by the State or quotation, guidance of price) plus (+) with reasonable circulation cost to the place where the production and supply of water is made (if any).

b) Direct labor cost includes the costs with money that the water supply units must be paid to employees directly engaged in production, such as salaries, wages and allowances of the nature of salaries, costs for shift meals, costs of social insurance, health insurance, unemployment insurance, trade union fees and other costs under the provisions of workers directly producing water, including:

- Cost of salaries, wages is determined by the number of workdays in accordance with the economic – technical norm of production of clean water announced or issued by the competent agencies as prescribed by law multiplied (x) with on the corresponding workday unit price (workday unit price including base salary, allowances as prescribed by the State);

- Shift meal costs (if any) for the employees engaged in business activities of enterprises under the current regulations of the State;

- The cost of social insurance, health insurance, unemployment insurance, trade union fees and other costs (if any) of direct production workers under the current regulations of the State.

c) General cost of production is the cost of indirect production (other than the cost of direct materials and direct labor cost defined at Point a, Point b, Clause 2 of this Article) arising in the production units of the enterprises including depreciation, repairs of fixed assets, costs for materials, tools and instruments used for workshops; salaries, allowances, shift meal (if any) paid for workshop staffs; social insurance, health insurance, unemployment insurance and trade union funding of workshop staffs; cost for testing clean water standards, cost for services purchased from outside and other cash costs are calculated into the cost as prescribed by law.

Method of determining the cost of materials, services, labor costs in general production cost is applied as provided for in the points a, b, Clause 2 of this Article.

Cost for depreciation of fixed assets (fixed assets) shall comply with the Finance Ministry s regulations on the regime of management, use and depreciation of fixed assets.

d) Cost of enterprise management is the sum of the costs spent on apparatus of management and administration of enterprise, the costs with a general nature of the entire enterprise including depreciation and repair of fixed assets for serving apparatus of management and administration in the enterprise; cost for salaries, wages and allowances, shift meal (if any) paid to the board of director and management staffs in the departments; social insurance, health insurance, unemployment insurance and trade union funding of enterprise management apparatus; material cost, office supplies, taxes, fees and charges, cost for services purchased from outside being of enterprise office; the other general costs for the entire enterprise, such as interest payments, the provision for diminution in value of inventories, reserves for bad debts, cost for receptionist, transaction, cost for scientific research, technological innovation research, initiative, innovation, environmental protection, the cost of education, training and health care for employees of enterprise, for women labor, cost related to safe water supply, the other management costs according to the current regulations. Cost of enterprise management is allocated into cost under the appropriate criterion for the products of enterprise such as clean water production, construction and other products of enterprise (if any); other costs of management under the current regulations of the State.

Method of determining the cost of materials, services, labor cost, depreciation costs of fixed assets in the cost of enterprise management is applied as defined in the points a, b, c, Clause 2 of this Article.

đ) Cost of sales is all costs related to the sale of products and services including synchronous investment costs including water meters and other auxiliary equipment from the level III network to the connection points for customers to use water unless otherwise agreed by the parties; wages, allowances, shift meal (if any), social insurance, health insurance, unemployment insurance, trade union fees and costs in accordance with provisions of the sales staffs; advertising cost, cost for services purchased from outside, cost for connection maintenance and other costs under the current regulations of the State. Method of determining each cost item of cost of sales shall be applied as specified in the points a, b, c, d, Clause 2 of this Article.

Cost of connection maintenance is the cost for managing, maintaining the connections currently in use (including the customers do not use water) and will use in the water supply plan period to ensure quality of water supply service under needs of customers. Cost of connection maintenance specified by the provincial-level People s Committees is calculated by a certain percentage per the total production costs to ensure compliance with actual conditions of water use of locality.

3. For clean water in rural areas, content of costs is determined as follows:

a) Direct materials cost includes the costs of raw materials, fuel, power directly used to produce products such as: amount of clean water, raw water (for the production units have to buy clean water, raw water), electricity, aluminum, chlorine and other auxiliary materials used for water treatment.

Direct materials cost is determined by the total volume of each used material multiplied (x) with corresponding unit prices of material, in which:

- The volume of primary materials used to produce clean water is applicable in accordance with regulations, standards of economic - technical norms for production of clean water announced or issued by the competent agencies as prescribed by law.

Material prices are the prices of actual purchase by the prices specified by the State or quotation, guidance of price at the time of calculation (for the materials which are still defined and managed prices by the State in the forms: price registration and declaration, price negotiation, publication of information on the price) or market price stated in invoice in accordance with the law provisions of the seller at the time of calculation (for the materials not on the list prescribed by the State or quotation, guidance of price) plus (+) with reasonable circulation cost to the place where the production and supply of water is made (if any).

b) Direct labor cost

- If the water supply projects are invested with funds derived from the state budget and directly from the state budget managed, operated by the enterprises, public service units established under the provisions of the State to trade clean water in rural areas, the direct labor cost is determined by the method of calculation as for the direct production labor cost of clean water in urban areas, industrial zones, namely:

+ Cost of salaries, wages is determined by the number of workdays in accordance with the economic – technical norm of production of clean water announced or issued by the competent agencies as prescribed by law multiplied (x) with on the corresponding workday unit price (workday unit price including base salary, allowances as prescribed by the State in accordance with the type of enterprise and public service units).

+ Shift meal cost (if any) for employees engaged in business activities of enterprises shall comply with current regulations of the State;

+ Cost of social insurance, health insurance, unemployment insurance and trade union fees and other costs in accordance with the provisions of direct production workers shall comply with current regulations of the State.

- If the water supply projects handed over by the State to the cooperatives, residential communities and individuals to perform the management, operation or water supply works invested by cooperatives, residential communities and individuals with their own money for trading clean water, the direct labor cost is calculated on the basis of discussion and agreement at the Congress of cooperative members or on the basis of agreement between the residential community using water with the water supply unit, on the basis of equivalence with average wages of the business lines of the field of providing services, goods in the local area and in accordance with current provisions of State.

c) General production cost (if any) is made as for the method to calculate general cost to produce, trade clean water in urban areas, industrial zones.

d) Cost of enterprise management or administrative cost of water supply unit (if any): is made as for the method to calculate cost of enterprise management to produce, trade clean water in urban areas, industrial zones.

đ) Selling costs (if any): is made as for the method to calculate cost of sale to produce, trade clean water in urban areas, industrial zones.

4. As determining the total cost of production and business, water supply units must calculate accurately and fully the regular, reasonable costs; are not calculated the excluding costs in the total business, production costs as prescribed in the Regulation on valuation of assets, goods and services issued by the Ministry of Finance and the provisions of relevant laws.

The general costs not only for production, trade of clean water but also related to various activities in the water supply units and costs required to allocate in the calculation period shall comply with regulations of accounting laws and regulations of relevant laws and regulations in this Circular.

Article 6. Methods of determining average clean water consumption prices (retail prices)

1. The total cost of 01 m3 of clean water as the basis for calculating the average clean water price is determined by the following formula:

Of which:

a) Z_tbis the entire average cost of 01 m³of clean water (unit: VND/ m³).

b) C_tis the total regular, reasonable cost of production and trading of clean water corresponding to commercial water production (unit: VND) is determined as direction in Article 5, Chapter III of this Circular.

c) SLtp is commercial water output, is determined as follows:

SLtp = SLsx – KLh

Of which:

SLtp: is the commercial water production (unit: m3/year);

SLsx: is the production water output.

+ The production water output of the urban areas and industrial zones: is calculated by exploitation planned output per year of each plant in accordance with the demand for consuming clean water approved by the provincial-level People s Committee (unit: m3/year).

+ The production water output of the rural areas:

If the water supply projects managed, operated by the public enterprises or non-business units with revenues collection established under the provisions of the State, then production water output is determined as for production water output of the urban areas, industrial zones.

If the water supply projects managed, operated by cooperatives, residential communities and individuals, production water output is the one operated in year of each unit based on agreement of demand for water supply between the water supply unit and its water consumers.

- KLhh: means the volume of lost water - referred to as volume of lost water (including natural loss and technical loss), between the production water output and output of commercial water (unit: m3); volume of lost water is determined by the percentage (%) multiplied by the volume of water produced. The rate of lost water is specified by the provincial-level People s Committees consistent with the actual conditions on technical actual state, managerial level and included in piece rate in the price of clean water consumption with a maximum rate not more than the following provisions:

+ For the entire water supply network for consumption put into use under 10 years: 23%;

+ For the entire water supply network for consumption put into use from 10 years or more: 32%;

+ Where water supply network for consumption put into use with various type of times (including water supply network under 10 years and water supply network for 10 years or more): 27%;

This rate of loss must be monitored from the actual sum of production and business and taken close management measures by the direction of reducing gradually to achieve a percentage of wastage at level as specified in the Decision No.2147/QD-TTG dated 24/11/2010 of the Prime Minister approving the national program against wastage and loss of clean water for each period: by 2015, average percentage of wastage and loss of clean water is: 25%; by 2020: 18%; by 2025: 15%.

For water supply units having a percentage of clean water loss approved by the provincial-level People s Committee in the plan for annual clean water consumption price since after the effective date of this Circular less than the maximum percentage of water loss above, the piece rate is taken by percentage of water loss approved by provincial-level People s Committee to encourage the water supply units to reduce the percentage of water loss, percentage of water loss approved by provincial-level People s Committee is kept constantly for 3 years.

Water supply units striving to reduce the actual loss ratio compared to the rate approved by the provincial-level People s Committee in the price plan will be used 100% of proceeds by reducing wastage percentage to supplement 70% into fund of development investment and capital for basic construction, the remaining 30% is added to the fund of reward, benefits of the water supply units.

2. Average price of clean water consumption (exclusive of value added tax) is determined by the following formula:

Gttbq = Ztb + (Ztb x P)

Of which:

a) Gttbq is the average water consumption price (unit: VND/m3).

b) Ztb is the entire price of 01 m3 of clean water determined as directed in Clause 1, Article 6, Chapter III of this Circular.

c) P: is the profit norm. Based on actual business conditions of the clean water trading units, income of local residents, provincial-level People s Committees shall define reasonable profit norm in the structure of clean water consumption price as follows:

- Water supply units organizing the production and business perform the entire production process from mining, water supply to the final retail stage: Profit norm is calculated a minimum level of 5% on total cost.

- Water supply units only making the process of production, mining, water supply under the wholesale method (or wholesale of a part of water output) to the retail units to retail water under the prescribed price, the parties shall agree the wholesale price. Gross profit for wholesale process and profit of the retail process shall be agreed by the two parties, but not higher than the one specified above.

Guidance of method of calculating the above average water consumption price to calculate the average price of clean water and used as a basis for the calculation of water consumption price for each use purpose, to make sure that clean water price for each use purpose in accordance with the average water consumption price.

Article 7. Method of determining the clean water consumption price for each use purpose

1. The wholesale price of clean water:

The wholesale price of clean water sold by wholesale water supply units to retail water purchase units (water supply units sell clean water to an another water supply unit for this unit to sell directly to customers using water) and retail water supply units (water supply units sell directly to customers using water) shall be self-agreed by the units when making wholesale of clean water to ensure that the wholesale water supply units and retail water supply units can cover the cost of production, sale and reach a reasonable rate of profit but not contrary to regulations in Article 6 and not higher than the retail price set by the competent agencies. In case of inconsistent with price, either party (or both) may request the provincial-level Department of Finance to hold price negotiations as prescribed by law.

2. Clean water consumption prices (exclusive of value added tax) for each use purpose:

a) Rates of clean water consumption for living are applied by progressive mechanism, the households that use amount of water lower than norm of water use are applied a lower price and vice versa. Water prices for different purposes are applied the one-rate mechanism, but there are different rates for each use purpose.

In the areas where water source and water supply capacity are excess compared with demand, it has not yet applied clean water price for living under progressive price mechanism but applied the average living water price in order to encourage consumers to use clean water, safe and hygiene; on the other hand to facilitate the water supply enterprises to develop water distribution network, improve production efficiency.

Based on average water consumption rates identified according to the provisions of Article 6 of this Circular, based on water consumption price bracket for living in accordance with provisions of the Ministry of Finance and based on the structure of subjects of clean water consumption in the locality to determine the specific water consumption price for each water use purpose accordingly, under the principle of total weighted average water prices for the use purposes equal to average clean water consumption price. (Particularly, the price of clean water for daily living as total average price which is not less than the minimum price, not higher than maximum price of the price bracket prescribed by the Ministry of Finance).

The formula for calculating water consumption price for each use purpose as follows:

Gttthmd = Gttbq X Httthmd

Of which:

Gttthmd is clean water consumption price for each use purpose

Gttbq price is the average water consumption price

Httthmd is coefficient of price calculation according to use purpose, is determined by the following table:

b) For the amount of living clean water that the households use: Apply the price calculation coefficient of above table. In the case of determining the number of water users in a household (including dormitories), then apply a price calculation coefficient according to the usage norm of water (m3/person/month) as follows:

- From 1m³– 2.5 m³/person/month                     SH1 0.8

If it is used more than this rate, then apply the progressive rates as follows:

- Over 2.5 m³- 5 m³/person/month                      SH2 1.0

- Over 5 m³- 7.5 m³/person/month                      SH3 1.2

- Over 7.5 m³/person/month                               SH4 2.5

For households consuming clean water that have not been mounted gauges for measuring water consumption or for the rural areas, people shared pool of water at the concentrated locations, temporarily apply the piece collection rate according to consumption rate as 4m3/month per person, for the localities where cannot calculated by people, it is calculated according to the households as 16 m3/month by the consumption price at rate of SH2.

In special cases for the localities with water output produced primarily for living consumption of the households that when calculating water consumption price, it does not satisfy the maximum price calculating coefficient as prescribed, it shall be allowed to adjust the price calculating coefficient exceeding the maximum coefficient for the first SH1, to ensure the average clean water consumption price coefficient equal to 1.

Where students and workers rent houses for staying (with a lease term of 12 months or more) that the landlords are the water purchasers of the supply water units to supply water to the above subjects for use, then every 4 persons (based on temporary residence registration paper and rent contracts certified by the localities or notary organizations) is counted as a household of water use for the water supply units to apply living water rates for water buyers and guide the buyers to sell water to above subjects by the price applied by water supply units to the water buyers.

In case water supply units for urban areas, industrial zones supply living clean water at the request of the customers using water as the rural households out of urban areas, the water consumption rates are agreed according to living clean water prices in the urban areas and industrial zones.

c) For the subjects using clean water for other purposes such as non-business administrative agencies, enterprises producing, trading services ..., clean water prices shall be defined by the enterprises producing, trading clean water according to the price plan approved by the provincial-level People s Committee but not exceeding the maximum coefficient defined in this Circular; based on the maximum price calculating coefficient table compared with the average price, depending on the characteristics of clean water consumption, water use percentage between the different purposes in the locality to determine a price calculating coefficient appropriately.

Where water supply units in the urban areas, industrial zones supply water at the request of customers using water out of urban areas, industrial zones for the other purposes as mentioned above, the water consumption prices are calculated according to clean water prices consistent with the use purposes in the urban areas, industrial zones.

Where the customer uses one water meter only, with water use contract for many different purposes, the water supply unit and customer using water are based on the actual water use to agree rate of water used specifically for each type of purpose and to apply the appropriate water price for each use purpose. If water supply units and customers using water cannot agree rate of water used specifically for each type of purpose, then water rate for the prime purpose of use as agreed in the contract shall be applied. Where it cannot agree the prime purpose of use, report to the Department of Finance to hold the price negotiation as prescribed by law.

For rural areas with special difficulties, the ethnic minority and mountainous areas, coastal areas and islands, border areas under the current criteria prescribed by the State, if the provincial-level People s Committees approve the plans of clean water consumption price lower than the water price plans calculated accurately, fully according to current regulations to suite to the affordability of the people, the provincial-level People s Committees issue the policies or balance mechanism on the prices between the urban water supply unit and rural water supply unit of one water supply unit (the rural water supply unit conducts dependent accounting on the urban water supply unit) to ensure the balance of urban and rural water prices. For the provinces that the balance of water prices between the urban water supply unit and rural water supply unit cannot be made, because the regulations of enterprise law do not allow, annually the provincial-level People s Committees shall grant subsidy from the local budget to ensure the legitimate rights and interests of the water supply units. Mechanisms, processes, and procedures for subsidy shall be specified by the provincial-level People s Committees in accordance with the actual conditions of the localities, but not contrary to current regulations on management of the state budget.

Chapter IV

COMPETENCE TO DECIDE CLEAN WATER CONSUMPTION PRICES AND MANAGEMENT OF CLEAN WATER CONSUMPTION PRICES

Article 8. Rights and responsibilities of agencies and units in the preparation, submission, and evaluation of the price plan

1. Price Management Department - Ministry of Finance shall coordinate with relevant agencies to build price bracket of living clean water consumption to submit to the Minister of Finance for decision.

2. Clean water supply units are based on clean water consumption price bracket prescribed by the Ministry of Finance; Regulations on valuation promulgated by the State; principles and methods of determining clean water prices stipulated in this Circular to build clean water price plans and report to the Department of Finance for presiding over and coordinating with the Department of Construction, Department of Agriculture and Rural Development for evaluation before submitting to the provincial-level People s Committee for decision and approval.

Article 9. Competence to decide on clean water prices

1. Ministry of Finance prescribes the price bracket of living clean water consumption for application in the country.

2. Provincial-level People s Committees approve the plans of clean water consumption price submitted by the water supply units and issue the specific living clean water tariffs in the area of the provinces in accordance with the price bracket promulgated by the Ministry of Finance. In the special cases, such as salt-water, coastal areas, areas with difficult water production conditions, costs for production and supply of clean water higher than the maximum price bracket promulgated by the Ministry of Finance, the provincial-level People s Committees are based on the actual situation to determine the prices of living water consumption properly but not exceeding 50% of maximum rate of the price bracket of living clean water consumption issued by the Ministry of Finance.

Provincial-level People s Committees conduct the instructions on the competence to manage and competence to regulate water prices and specific water rates for the gravity water supply schemes, water prices in the small-scale water supply schemes managed by community, water prices in rural areas self-agreed by local communities to invest in production, business.

3. Water supply units shall self-decide the prices of clean water for the different purposes of use other than the prices of clean water for living consistent with the clean water price plan which has been approved by the provincial People s Committee.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 10. Organization of implementation

1. Ministry of Finance presides over and coordinates with the Ministry of Construction, Ministry of Agriculture and Rural Development regularly or irregularly inspect the formation and promulgation of the regulations on management of clean water consumption prices in the localities and inspect the formation of price plan; observance of legislation on water prices of water supply units according to the contents of this Circular.

2. Department of Finance presides over and coordinates with the Department of Construction, Department of Agriculture and Rural Development and the concerned Departments to check the performance of decisions on living clean water consumption prices, inspect the formation, decisions and implementation of clean water consumption prices applied to the subjects using water in the localities, to advise the provincial-level People s Committee to promptly handle the problems arising; at the same time synthesize and report to Ministry of Finance, Ministry of Construction, Ministry of Agriculture and Rural Development to monitor and adjust the price bracket as needed.

3. The units producing, trading clean water must have the development plans of clean water resources and water distribution networks to meet consumer demand, improve water supply services quality; and regularly monitor and inspect the situation of clean water consumption, collect the right price and in accordance with each subject; promptly take measures to overcome the loss of water and loss from collection of water charges.

4. Depending on the actual situation of the production and consumption of clean water in urban areas, industrial zones and rural areas in each period, the Ministry of Finance cooperates with the Ministry of Construction, Ministry of Agriculture and Rural Development Rural to study, amend and supplement the method of determining water consumption prices properly.

Article 11. Effect

This Circular takes effect from the date 29/6/2012 and replaces the Joint Circular No.95/2009/TTLT-BTC-BXD-BNN on 19/5/2009 of the Ministry of Finance, Ministry of Construction, Ministry of Agriculture and Rural Development guiding principles, and methods of determining the competence to decide on clean water prices in urban areas, industrial zones, rural residential clusters.

During the execution, if any problems, difficulties arise, the concerned units promptly report to the Ministry of Finance, Ministry of Construction, Ministry of Agriculture and Rural Development for consideration and settlement./.