Chương 1 Nghị định 117/2007/NĐ-CP : Những quy định chung

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.