Chapter V
DRAINAGE SERVICE PRICE
Article 36. The cost of drainage service
1. The cost of drainage service is the basis for deciding the drainage service price and the value of an operation contract between a drainage unit and an owner of the drainage system.
2. The cost of drainage service is the exact production costs of the provision of drainage service for each cube meter (1m3) of wastewater in the service range, which includes:
a) Costs of operating and maintaining the drainage system;
b) The depreciation costs of vehicles, machines, equipment, factories and structures which are invested for providing drainage service in accordance with current technical regulations and standards.
e) other costs, taxes and fees according to the regulations of the Law.
Article 37. Determination of the cost of drainage service
1. The cost of drainage service shall be determined according to the exact costs arising in the drainage process in order to meet the current technical regulations and standards.
2. The cost of drainage service is determined for each type of drainage system as follows:
a) Combined drainage system
a) Separate drainage system
a) Semi-separate drainage system
Article 38. Pricing drainage service
1. The drainage service price must be associated with the quality of the provision of drainage service regardless of foreign or domestic entities and in accordance with the policies of the Government.
2. In case the drainage service price has been decided by the provincial People’s Committee which is lower than the price with due account taken of the cost of drainage service and a reasonable profit, the provincial People’s Committee must pay the compensation for the shortfall from the local state budget in order to ensure the lawful rights and interests of the drainage unit.
3. Pricing of drainage service must depending on the volume of the wastewater and the pollutant content in the wastewater.
4. The Ministry of Construction shall provide guidance on pricing the drainage service.
Article 39. Determination of volume of wastewater
1. Domestic wastewater:
a) In case the discharging entities use water from the common water supply system, the volume of wastewater shall be the volume of consumed water in the water bills;
b) In case the discharging entities do not use water from the common water supply system, the volume of wastewater shall be calculated depend on the average volume of water consumed per capita by the provincial People’s Committee in the administrative division decided.
2. Other wastewater:
a) In case the discharging entities use water from the common water supply system, the volume of wastewater shall be counted 80% of the volume of consumed water in the water bills;
a) In case the discharging entities do not use water from the common water supply system, the volume of wastewater shall be determined according to the indicator on the water meters; If the water meter cannot be installed, the drainage unit and the discharging entity shall depend on the contract for drainage service provision prescribed in Article 27 of this Decree in order to reach an agreement on an appropriate volume of wastewater.
Article 40. Determination of pollutant content of wastewater
1. The pollutant content in other wastewater (not domestic wastewater) is determined according to the average COD indicator of each wastewater depending on the use of water or activities generating wastewater or according to each separate entity. The COD indicator is determined according to analysis results in a qualified laboratory.
2. The drainage unit must check the COD indicator in the wastewater (except domestic wastewater) in order to price the drainage service. The check should be taken every 06 months or irregularly as needed. In case the discharging entity disagree with the COD indicator in wastewater determined by the drainage unit, the discharging entity has right to contract with another laboratory for acquiring another COD indicator and then compare with the one of the drainage unit; the costs of taking sample and analyzing shall be paid by the discharging entity.
Article 41. Formulating, assessing and approving the price of drainage service
1. With regard to drainage systems invested by the State budget, the Departments of Construction shall take charge and cooperate with relevant agencies to formulate plans for pricing the drainage service, the Services of Finance shall assess the plan and submit it to the provincial People’s Committees for consideration.
2. With regard to drainage systems invested by other sources, the owners of the drainage system shall formulate plans for pricing the drainage service, the Services of Finance shall take charge and cooperate with the Departments of Construction to assess the plan and submit it to the provincial People’s Committees for consideration.
3. With regard to the industrial zones: the price of drainage service shall be agreed among the investor constructing the industrial zones and the investors in the industrial zones. In order to be decided, the price must be agreed by State management agencies specialized in drainage and price management agencies in the administrative division.
Article 42. Adjustment of the price of drainage service
1. The price of drainage service is adjusted when:
a) There is an investment in changing the technology of wastewater treatment and/or the service quality;
b) There is a change in policy of the Government and/or economic and technical norms;
c) There is a change in the socio-economic development of the country or the region and people’s income.
2. The entities entitled to adjust drainage service prices are specified in Article 41 of this Decree.
3. With regard to the urban drainage system invested from ODA capital, the price of drainage service and the process of price adjustment must comply with the agreement signed between the supporter and Vietnamese Government.
Article 43. Payment method for drainage service
1. Discharging entities:
a) The entities providing the water supply service shall collect payment for drainage service according to the water bill from the discharging entities that use water from the common water supply system, and receive payment for collection service;
a) The drainage units shall directly collect payment for drainage service from the discharging entities that do not use water from the common water supply system;
c) The discharging entities that paid for drainage service are exempt from the fee for environmental protection according to current regulations on fee for environmental protection on wastewater.
2. Drainage units:
d) The owner of the drainage system is responsible for paying the drainage unit in accordance with the clauses in the operation contract;
Article 44. Management and use of income from provision of drainage service
1. The income from provision of drainage service shall be managed and used by the owner of the drainage system for the following purposes:
a) Pay for collecting service, charge of sample taking and testing for determining COD indicator;
b) Pay for the cost of drainage service;
c) Invest in maintenance and development the drainage system;
d) Pay for other valid expenditures according to the regulations.
2. The Ministry of Finance shall take charge and cooperate with the Ministry of Construction to provide guidance on management and use of income from provision of drainage service.
Tìm kiếm
Nghị định 80/2014/NĐ-CP (Bản Word)
Nghị định 80/2014/NĐ-CP (Bản Pdf)