Decree on water drainage and waste water _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on building 18, 2014;
Pursuant to the law on urban planning, June 17, 2009;
Pursuant to the law on environmental protection on June 23, 2014;
Pursuant to the law on water resources for 21 June 2012;
Considering the recommendation of the Minister of construction, the Government issued Decree on water drainage and waste water treatment.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates the operation of waste water treatment and drainage in urban areas, industrial zones, export processing zones and economic zones, high-tech zone (hereinafter referred to as the industrial zones), rural residential areas of focus; the rights and obligations of organizations, individuals and households have activities related to sewerage and waste water treatment on the territory of Vietnam.
2. This Decree shall apply to organizations, individuals and households in the country; organizations, foreign individuals have activities related to sewerage and waste water treatment on the territory of Vietnam.
Article 2. Explanation of terms 1. Works for drainage and sewage disposal is the activity of planning, design, construction, management and operation of the drainage system.
2. service water drainage and waste water (sewerage services for short) is the active management of the drainage system, in order to satisfy water drainage, waste water and waste water treatment according to the provisions of the law.
3. water drainage service costs and waste water (sewerage service costs) is the cost to perform the task of collecting, gathering, drainage and sewage disposal in the sewer service area.
4. water drainage Service Price and waste water (sewerage services price) is the entire production costs are calculated correctly, the computer is sufficient and reasonable profit level for a cubic meters of waste water (1m3) to perform the tasks of water drainage and waste water treatment.
5. water drainage units hosted management services supply, drainage system under contract management.
6. water drainage Households is the Organization, individuals, households in the country, foreign countries live and work on the territory of Vietnam discharge of sewage water into the sewer system.
7. Wastewater is water that has been modified by the nature, characteristics or due to human activities to discharge into the sewer system or into the environment.
8. Domestic wastewater is sewage from human activities such as eating, bathing, personal hygiene and laundry ...
9. other wastewater is used water that is not waste water.
10. water drainage systems include networks of drainage (pipes, drains, canals and ditches, pools...), the drainage pump stations, water treatment, sewage treatment works and other auxiliary works for the purpose of gathering, transmitting, drainage, sewage, wastewater treatment and attenuated. The drainage system is divided into the following types:-drainage system is the system in which the waste water, rain water collectors in the same system;
-Separate sewer systems are drainage systems and waste water;
-Half private drainage system is the public drainage sewer to separate sewage treatment plant brought about.
11. water drainage systems include networks of culverts, canals and collectors conveyed, outdoor air conditioner, the pump stations, rain collector, rain water collection wells, outlet and other ancillary works aimed at collectors and drain rain water.
12. waste water drainage systems include networks of culverts, Wells split the line, pipe collectors and sewage pumping stations, transfer of waste water, waste water treatment plant, outlet, ... and other ancillary works aimed at collectors, drain and sewage treatment.
13. How is the sewer Drain waste water conveyed from separate sewage wells to collectors the entire waste water when there is no rain and waste water part was mixed when rain drainage system from different basins and conveyed to the pump station or sewage treatment plant.
14. Outdoor air conditioner is the natural or artificial lake has the function of receiving rain water and aircondition drain water to the sewer system.
15. Connection Points are the point of discharge of water drainage households into the sewer system.
16. the discharge Point is where the discharge of water from the drainage source reception.
17. drainage basin is a certain area where rain water or waste water is collected in the drainage network transfer of waste water treatment plant or to discharge out the receiving sources.
18. The source is the source report receiving water flows regularly or periodically as streams and rivers, canals, ponds, lagoons, sea, the water layer below the ground.
19. the specialized planning of drainage and waste water (sewerage master plan) is the determination of the drainage basin (rain water, sewage), partition the sewer; the forecast of rain water, wastewater; identify sources of receipt; determine the location, the scale of the drainage network, the clue water drainage and waste water treatment (such as pumping stations, wastewater treatment plants, outlet).
20. COD (Chemical Oxygen Demand phrase) is the amount of oxygen required to oxidize chemical compounds in water including both inorganic and organic.
21. Sewage sludge is organic or inorganic sludge was dredged, collectors from the septic tank, collecting and transmitting network, outdoor channel, ditch, collecting, collecting rain water wells, water pumping stations, sewage outlet, and wastewater treatment plants.
Article 3. General principles of management and drainage and sewage treatment 1. Urban drainage services, the rural residential area of focus is the kind of public activity, the State of interest, priorities and encourages investment in order to meet the demand for drainage and sewage treatment, ensure sustainable development.
2. the polluter must pay the treatment of pollution; revenues from services and drainage and sewage disposal must meet every step and proceed to offset the costs of drainage services.
3. Rainwater, waste water is collected; waste water must be disposed of reaching the prescribed technical regulation.
4. hazardous nature of waste water must be managed according to the regulations on waste management right and other legal provisions concerned.
5. drainage system built in sync, are maintenance, maintenance. Priority use of the waste water treatment technology friendly to the environment and in accordance with the socio-economic conditions of the local. Sewerage and waste water treatment to ensure safety standards, current technical regulation.
6. The project to build drainage system is related to the structural system of road transport infrastructure must have guaranteed traffic safety, safety of road works and return the status quo or restore if transportation damage.
7. The project to build the technical infrastructure works related to the drainage system must have to ensure the normal operation, stable system.
8. Mobilization of community participation in the investment, management, operation of the drainage system.
Article 4. Regulation on technical regulation of waste water 1. Waste water from drainage system of urban, industrial, residential and rural focus to discharge into receiving sources must ensure the environmental technical regulation by the Ministry of natural resources and the environment.
2. Waste water from factories in the industrial zone of discharge into the drainage system of the industrial zone must comply with the current rules on industrial environmental management and regulation of water drainage management bodies in the industrial zone.
3. Waste water from water drainage households to rural residential focus discharge into the sewer system in the rural areas must comply with the current regulations on the protection of rural residential environment and the regulations of the local drainage system.
4. Sewage from water drainage households, industrial discharge into the sewer system, the municipality must ensure the technical standards of waste water discharged into the sewer system by the competent State Agency regulations. The Ministry of construction issued technical regulation of waste water discharged into the drainage system of the town.
5. where the waste water disposal, based on the capabilities and purpose of use of the source receiver, Ministry of natural resources and the environment issued the technical regulation on handling waste water decentralized to discharge to apply consistent with the waste water treatment solutions with small scale , simple technology, to meet the required level of cleaning waste water, convenience in management, operation and maintenance of the system.
6. Waste water from drainage system of urban, industrial, residential and rural focus to discharge into irrigation system must ensure the discharge standards into the system of irrigation by the competent State Agency regulations. The Ministry of agriculture and rural development, issued the technical regulation on waste water discharged into irrigation systems.
Article 5. Water drainage planning 1. Urban water drainage planning is a content of overall planning, sector planning and detailed planning of the town. For the central cities, drainage planning is planning specialization was created into a separate projects aimed to concretize the drainage planning in urban master plan has been approved by the authority. The provincial municipality (from type 3 up) if the drainage planning in urban planning has been approved is not yet eligible to set up investment projects in the construction of drainage systems and called the provincial people's Committee of review, the decision of specialized drainage planning to implementation. The Mission of specialized planning and drainage must clarify the content: the scope, boundaries; the technical-economic norms, applicable technical regulation; define basins, drainage partition; receiving sources, predictions of the amount of drainage, and the network location of the scale of the drainage.
2. water drainage planning of industrial parks is a content of the general planning of the construction industry. The basic content of the drainage industry zone planning include: reviews of drainage status, collecting the waste water discharge in industry; the forecast of rain water, wastewater; define drainage network, the source receives, the level of environmental pollution, the location, the scale of the waste water treatment plant, waste water treatment technology to match the characteristics of the industrial zone.
3. water drainage planning of rural residential area of focus is a content of the rural construction planning. The basic content of the water drainage planning of rural residential area focus includes: forecasting the total amount of waste water, rain water; define drainage network; determine the position, scale, pumping stations, wastewater treatment stations, priority projects and investing according to each stage of the planning.
4. The preparation, appraisal and approval of water drainage planning tasks in compliance with the provisions of the law on urban planning, construction Law and other related regulations.
Article 6. High level management related to water drainage 1. High level management background of the town: a High background level) municipalities are defined in the construction plan under the national standard elevation system must guarantee the required drainage, waste criteria and are approved by the authority;
b) authorities on planning the construction according to the hierarchy is responsible for managing and providing information about the altitude of the urban background for organizations, individuals in need;
c) organizations, individuals and households to invest in construction works must comply with the high level of urban background has been provided;
d) bodies competent to appraise base designs, building permission is responsible for checking the fit between high speed design of buildings and urban background levels high.
2. high level management of drainage system: water drainage units have the responsibility to: a) define and manage a high water level of lakes, canals and drainage to ensure maximum likelihood harmonic rain water, draining, anti-flooding and protect the environment;
b) management level the main sewer and sewage collectors, rain water;
c) offers high level of drainage system for organizations, individuals are required.
3. The bodies, the unit was assigned the management of rivers, lakes, canals are related to urban drainage are responsible for coordination with the drainage unit in ensuring the drainage requirements, against attenuated municipality.
Article 7. Regulations on management of local drainage activity 1. The management regulations of the local drainage activity must comply with the current rules on the management of sewerage and waste water treatment at the same time must conform to the specific conditions of each locality.
2. the basic content of regulations to manage local water drainage activities include: a) the scope and subjects of application;
b) local drainage system;
c) identifies the owner;
d) regulations on service standards, rules of connect and connect; the responsibilities and rights of the owner, of the households; financial obligations related to the work of connect, the support of local policy regarding the construction, operation of drainage systems;
DD) provisions on the conditions and the technical standards regarding the discharge of waste water;
e) regulations on sewage sludge management of drainage systems; sewage sludge from septic tanks;
g) Regulation of the waste water treatment, the focus;
h) rules on investment, construction, management, operation of drainage systems;
I) regulations on management contracts, operation;
k) provisions on liability set up, manage, exploit and use the database of the local drainage system;
l) regulations shall report the situation of drainage works, the construction project of drainage system and waste water treatment;
m) regulations on the responsibilities, rights and obligations of the parties concerned.
3. provincial people's Committee held up regulatory approval and management of local water drainage activities.
Article 8. The participation of the community 1. Perform monitoring functions on the construction, management and operation of the drainage system under the provisions of the law.
2. Make the connections to the sewer system.
3. Detection, deter, petitioning the agency competent to handle the breaking the law during the operation.
Article 9. Advocacy, popular education, the law on water drainage 1. Ministries, ministerial agencies, government agencies, committees and levels, water drainage units within the scope of his responsibility to coordinate with our agencies, mass organizations, and popular organizations, school education and guide people to protect drainage and observance of the provisions of the law on water drainage.
2. The political organization of social, political, social-political organizations career within his responsibility coordinating with state regulators about draining the propaganda, the people accepted the provisions of the law on water drainage.
Chapter II INVESTMENT and DEVELOPMENT of DRAINAGE SYSTEM in article 10. Owners of the drainage 1. The provincial people's Committee is the owner or authorized, decentralized to district level people's committees, is the owner of township level for drainage systems: a) Is the investment from the State budget;
b) get handed back from the business organisations, development of new urban areas;
c) get handed back from the organizations and individuals put capital to exploit business drainage has a time limit.
2. business organizations, urban development, industrial zone is the owner of the drainage system in the new urban area, industrial area by themselves until management delivered as specified.
3. The organization, the individual is the owner of drainage and by themselves leave the capital or when delivered to the provincial people's Committee.
Article 11. Owner drainage 1. Committees under the decentralized management of water drainage units are delivered or as the owner of the building drainage and use of the State budget on the area due to its management.
2. The owner of drainage system of rural residential area of focus was invested from budget funds is the building management Committee of the rural commune people's Committee by the commune. For works that require highly technical, requiring professional level that management of the construction of the rural commune of incompetent, the people's Committee of the district assigned to units have sufficient capacity to do the owner and has the participation of the people's Committee.
3. The unit was given the master of business investment, infrastructure development, industrial zone, urban is the owner of local drainage was entrusted to manage.
4. The celebrated, the individual investor is drainage due to his capital.
5. Drainage and community contributions, represented by the community owner to decide.
Article 12. Investment development plan for drainage 1. The investment plan includes the drainage development solutions, investment projects, specific work to ensure drainage criteria, collectors and sewage, enhanced service coverage and improve the quality of service.
2. plan the drainage development investment is consistent with the planning of building, drainage planning approved and coordination with local stakeholders.
3. establish accountability, appraisal, approval of plan of drainage development investment: a) construction, in cooperation with related agencies to plan the investment of local water drainage development;
b), Department of planning and investment to host, in cooperation with the Department of finance evaluation of the investment plan of development of local drainage, the PPC.
Article 13. Investment capital of drainage system of urban, industrial and rural residential areas to focus the investment from the State budget and other sources of legitimate capital. The State encourages and facilitates the economic sectors involved building a part or the whole system consistent with the planning of building, drainage master plan was approved by the authority.
Article 14. Investment projects of building drainage 1. The preparation, appraisal, approval and implementation of the investment project for the construction of drainage works must comply with the provisions of this Decree and other relevant provisions of the law on construction works.
2. Depending on the characteristics, the scale of the project, while counsel organization established research project to build the drainage and centralized nature, essentially solved the problem of drainage, wastewater collection, and wastewater treatment of the municipality must make: a) organizations social studies, surveys, community consultation reviews status of living, the ability and willingness to connect, perform the obligation to pay the cost of drainage services of people project area; at the same time so that people know the information about the project, the quality of service are entitled to after the project is completed, participation in the decision-making process and implementation monitoring;
b) the selection of technical, technological and capacity scale, determine the total investment of the project must be reviewed consistently with cost management, operating to ensure general economic efficiency of the project;
c) project to build drainage must implement synchronization from building waste water treatment plants, wastewater collection networks, wastewater conveyed to the box on the entire range of services of the sewer system.
Article 15. The preferential policy and the support of the investment projects of water drainage and waste water disposal municipality, rural residential focus due to the Organization, the individual building are supported: 1. Enjoy preferential land use money land lease under the provisions of the law.
2. Supported construction investments infrastructure outside the fence by local budget funds.
3. The incentives, other support according to the current rules.
Article 16. The criteria for selection of waste water treatment technology 1. Efficient handling of technology: to ensure the necessary level of sewage, taking into account the ability of self-cleaning receiving sources.
2. Save the land for construction.
3. Management, operations and maintenance of line with capacity management, local operators.
4. reasonable investment costs in that computer to both dependence on imported technology.
5. Fit the characteristics climatic conditions, topography, hydrogeology of the area and ability to bear loads of receiving sources.
6. Safe and friendly to the environment. Have the ability to expand capacity or improve the efficiency of handling in the future.
8. Ensure stable operation when there is a change of input water quality, weather and climate change.
9. The level of arising and handle the sludge residue.
10. Save energy, have the ability to re-use wastewater, sludge waste handling.
Based on the specific conditions, the provincial people's Committee decision on the application of the selection criteria for the match.
Chapter III MANAGEMENT of the DRAINAGE SYSTEM, article 17. Drainage unit selection 1. For urban drainage, rural residential focus is investment by the State budget, choosing the drainage unit in accordance with the provisions of existing laws provides public service product.
2. The institutions, personal business, developing new urban, industrial-organizational management, operation of the sewer system by the investment until delivered to the provincial people's Committee.
3. water drainage units must have the manpower, equipment and technical means necessary to implement the requirements and duties of the management, operation of the drainage system and sewage.
4. water drainage system owners to organize water drainage units option on the manage by themselves.
Article 18. Rights and responsibilities of the unit drain 1. Water drainage units have the following rights: a) business activities according to the regulations, be paid properly and sufficient water drainage services according to the cost of contract management, drainage system has signed;
b) suggest that the competent State agencies consider additional amendments to the legal texts, technical standards, technical-economic norms related to drainage and activities waste water;
c) enabling comments on the planning of local drainage;
d) compensation for damages caused by the parties concerned in accordance with the law;
DD) other rights prescribed by law.
2. water drainage units have the obligation and responsibility: a) the investment property management from the owner's capital in drainage and sewage under the management contract, the drainage system has signed;
b) build and organize the implementation of process management, operation of drainage systems;
c) troubleshooting, restoring the water drainage and waste water treatment;
d) set up the database, management of water drainage households connect to the sewer system management by themselves; in collaboration with the water supply unit or organization directly collect water drainage services according to regulations;
DD) implementation of the provisions of the law on the protection of the environment;
e) provides information for the connection agreement object in need;
g) protect the safety, efficiency and savings in the management, operation of the drainage system and waste water treatment as prescribed;
h) ensures stable maintenance of drainage services according to regulations;
I) recurring reports according to regulations the owner and the State administration of the local drainage and Central;
k) compensation when harm the prescribed law;
l) other obligations prescribed by law.
Article 19. Contract management, drainage system 1. Contract management, operation of the drainage system is the legal document to be signed between the owner and the unit was assigned the management, operation of the drainage system.
2. the basic content of the contract, the management of drainage system: a) The subject of the contract;
b) object of the contract;
c) profile of assets (asset, asset value) which delivered owner for management, operations unit;
d) range, the content of the work;
DD) records management network, drainage works, process management, drainage system and the technical requirements;
e) service standards;
g) contract value; adjust the value of the contract;
h) content billing, payment method;
I) obligations and powers of the parties concerned.
3. Duration of contract management, drainage system: contract management, drainage system has the shortest duration is 10 years and the longest is 10 years. The case wanted to continue extending the contract, before the end of the contract period for at least 12 years, the parties to a contract must conduct negotiations extended the management contract, operate and concluded.
4. Termination of the contract, the management of drainage system: a) one of the parties violates the terms of the contract;
b) expiry of contracts that either party does not wish to continue extending the contract;
c) cases of force majeure or other reasons specified in the contract;
d) The case of termination of the contract under the provisions of the current law.
5. Trials, payment under the contract, the management of drainage system: a) management contract drainage system, are periodic payments under the agreement;
b) method of payment by the two parties to the agreement;
c) in the case of slow payments than 15 days compared with the time limit agreed in the contract, the management of drainage system the drainage unit shall be entitled to the highest interest rates of the bank where the transaction account at the time of payment for so slow money payment;
d) drainage works owner is responsible for the organisation, monitoring and payment for water drainage units under management contract, the operation of drainage systems;
DD) management contract drainage system, to be paid from the amount of drainage services, the annual budget of the owner of the drainage and from other sources.
6. Transfer of contract management, drainage system: water drainage units are permitted to transfer part or all of its rights, obligations in contract management, operation of the drainage system to third parties when the agreement of the owners of the drainage.
7. The Ministry of construction issued a management contract form, operate the system.
Article 20. Drainage system management and reuse of rain water 1. Management of drainage system: a) the drainage system management includes management of the works from the collection of rain, the rain water drains, the drainage canals, lakes and flood prevention pump stations, regulate, the valve prevents the Court (if any) to the point of discharge into the environment;
b) manholes, sewer ditches must be dredging, maintenance, maintenance, ensure the design flow. Regular inspection and maintenance manholes hatches, doors, door discharge. Periodically check, evaluate the quality of the sewer, the network works to propose replacement, repair;
c) set of processes to manage drainage systems ensure required management techniques, operate according to the regulations;
d) proposed the development of drainage network according to the basin.
2. rain water reuse regulations: a) encourages the reuse of rain water serves for the needs, contribute to the reduction of savings, attenuated water resources, reduce the exploitation of underground water resources and the use of surface water;
b) Organization, personal equipment, processing technology and reuse rainwater preferential loan assistance and other incentives under the provisions of the law;
c) Re-use rain water for different purposes must meet the technical standards, standards for the quality of the water.
Article 21. The management system of indoor air conditioner 1. The Lake system management automatic water drainage system in order to store rain water, and created the landscape ecological environment combined as a place of entertainment, aquaculture, tourism.
2. The use and exploitation of the Lake on the conditioner the purpose of recreation, aquaculture, tourism and other services should be authorized; the construction, exploitation, use automatic monitoring must be checked according to the provisions of the law.
3. The discharge behavior of waste water arising from the process of manufacturing, business services, activities or other activities on indoor air conditioning must be tightly controlled by regulations.
4. Maintains a stable level of outdoor air conditioner, ensure good harmonic rain water mission.
5. Periodically dredging the bottom of the Lake, and the Lake, the lake bed hygiene.
6. Establishment of management processes and the regulation of exploitation, using outdoor air conditioner.
Article 22. Manage, operate the waste drainage system 1. Manage, operate the waste drainage system including waste water treatment plants, pump stations, pressure sewer works, clue, connection point, sewer collectors, conveyed to the waste water treatment plant, the discharge point ... must adhere to the management processes, the operation has been approved.
2. content management, sewer operators include: a) to periodically examine, evaluate the quality of the work, the work on the drainage network; tightness, worried residue at the connection point, manholes and sewer in order to ensure the possibility of continuous operation of the system, proposing alternative measures, dredging, repairs, maintenance and development plan of drainage systems;
b) perform periodic quality of waste water drainage system in accordance with the law on the protection of the environment;
c) set of process management, sewage drainage system ensures the technical management requirements, operate according to the regulations;
d) proposed the development of the waste drainage basin.
3. In the case of drainage systems are drainage systems, the management of drainage system shall be as specified in article 20 and Paragraph 1 of this article.
Article 23. Regulation on decentralized wastewater treatment 1. Waste water treatment solutions Africa focus is applied for or residential, new urban areas, households, business establishments, service, production of handicraft, craft villages, markets, schools, resorts or areas restricted by land, the terrain ... not able or unable to connect to the sewer system.
2. The application of waste water treatment solutions Africa focus to achieve economic efficiency and environmental protection, limiting polluting waste water resources and minimize the direct impact of discharges to the environment.
3. When applying the decentralized solution right up to the ability to connect to the sewage treatment system in the future and in accordance with the master plan has been approved by the authority.
4. The Build Guide and waste water management.
Article 24. Management of water use, waste disposal 1. Use the following waste disposal waste must ensure the request: a) the waste water quality following processing must comply with the standards, technical standards set forth for the use of water to different purposes, does not affect the health of the people and ensure environmental safety;
b) waste water after the use case treats the wastewater that must be distributed to points of consumption under a separate system, guaranteed not to infiltrate and affect the water supply system on the same geographical area.
2. Ministry of natural resources and the environment, in coordination with the ministries concerned to enact standards, technical standards on the use of the wastewater after treatment.
Article 25. Sewage sludge management 1. Sludge must be classified to manage and select suitable processing technology, contributing to the reduction of transport costs, the costs of handling and convenience in management, operation of landfills.
2. Sewage sludge are classified as follows: a) according to origin of sewage sludge: sludge from sewer (drainage networks and wastewater treatment plants) and sewage sludge from septic tanks;
b) according to the level of pollution of each type of sewage sludge;
c) Under hazardous threshold for sewage sludge from water treatment process and the provisions of relevant laws.
3. Grounds for the choice of sewage sludge disposal technology: a) processing, or spot dispersion;
b) the volume of sludge generated;
c) the characteristics of the sludge;
d) of stability disposal technologies;
DD) The environmental protection requirements; technical-economic efficiency;
e) requirements for operation and maintenance;
g) encourage application of sludge reuse technology, environment-friendly and energy saving, heat recovery.
4. Collection, transportation and processing of sewage sludge drainage system: a) sewage sludge are collected, stored and transported to the processing location according to the master plan or the location has been the competent authority allows to process guarantees sanitation regulations; not allowed to discharge sewage sludge waste not yet processed out of the environment. In the case of sewage sludge there hazardous ingredients, they must be managed according to the regulations on the management of hazardous waste;
b) the disposal and reuse of sludge have to comply with the regulations on the management and use of sewage sludge by the competent State agencies issued and regulations on environmental protection;
c) When constructing the waste water treatment plant must have collection solutions and sludge processing as appropriate.
5.-shipping, and septic tank sludge processing: a) sludge from households, the administrative offices, production facilities, business, the services must be non-recurring information;
b) work-, sewage sludge septic tank transporter must by means of dedicated devices, ensure the technical requirements and the protection of the environment;
c) septic tank sludge are collected, stored must be transported to the location were the competent bodies to allow for processing. Prohibiting discharge of septic tank sludge into straight drainage systems as well as the surrounding environment;
d) sewage sludge processing, reuse of septic tank sludge must comply with the rules on the protection of the environment;
DD) non-cost, shipping and treat septic tank sludge because of family householder, administrative offices, and manufacturing facilities, business services paid under a contract with the provider of the service.
6. The Build Guide and method of managing the cost of collection, transportation and processing of sewage sludge drainage and septic.
Article 26. Management of discharge points out sources system receiving 1. The flushing emit receiving sources must comply with the provisions of the law on the protection of the environment, water resources, exploitation and protection of irrigation works and texts of the relevant legislation.
2. The design and construction of the discharge point must be secured against intrusions from the source received and the influence of attenuated municipality.
3. The discharge of wastewater into receiving sources are managed under the basin. The provincial people's Committee rules hierarchy, the unified management of discharge points; monitor the quality of wastewater and drainage water drainage households in the province to discharge waste directly into receiving sources; in coordination with the relevant local governing the discharge point, the quality of wastewater discharged into receiving sources according to the basin under the provisions of the law on water resources, environmental protection and other legal texts concerned.
Article 27. Water drainage service contracts 1. Water drainage service contracts are legal documents concluded between water drainage units with water drainage households (except household) waste water discharge into the sewer system.
2. water drainage service contract includes the following major contents: a) is the subject of the contract;
b) Connection Point;
c) volume, the quality of wastewater discharged into the system;
d) quality of service;
DD) rights and obligations of the parties;
e) Drainage Services Prices, method of payment;
g) handle breach of contract;
h) other content due to the two parties to the agreement.
3. The Ministry of construction issued water drainage service contract template.
Article 28. Stop sewer services 1. For households in violation of regulations on the management of water drainage shall be processed under the provisions of the law. Water drainage units not stop providing water drainage services in all cases, except in the cases specified in contract management, operate.
2. for the households of other drainage violated regulations on sewer, water drainage units notified in writing about the violation and ask for water drainage households to overcome. If households fail then the drainage water drainage units made stopping the drainage services according to the article, the account is specified in the service agreement and the provisions of relevant laws.
3. water drainage service is restored after water drainage households have completely overcome the consequences of the violation causes, complete the prescribed obligations.
4. in case of stopping the drainage services to repair, renovate, upgrade the sewer system, water drainage units must have the message text for the water drainage households concerned to know the reasons, the service intervals; at the same time, water drainage units must have a temporary drainage measures to limit the impact to production activities, business and activities of the water drainage households and reduce environmental pollution.
Article 29. The rights and obligations of organizations, individuals and households using the service 1. Organization, individual and household use of drainage services has the following rights: a) drainage services are provided under the provisions of the law;
b) requires timely drainage unit fix when problems occur;
c) provided or introduce information on water drainage activities;
d) compensation for damages caused by water drainage units according to the provisions of the service contract;
DD) complaints, accusations of violations of the law on water drainage of water drainage units or the parties concerned;
e) other rights prescribed by law.
2. Organization, individual and household use of drainage services has the following obligations: a) the payment of the full service, on time;
b) into discharge sewer rules, technical standards by the competent State agencies;
c) timely notification for water drainage units to see the unusual phenomenon could cause trouble for the drainage system;
d) connect the drainage system of the work on the drainage system of the right of the connecting agreement;
DD) when the compensation of damage for the parties concerned in accordance with the law;
e) other obligations prescribed by law.
Chapter IV the DRAINAGE CONNECTION article 30. Connect the drainage 1. The drainage connection must ensure: a) the waste water is collected and processed, the standard technical regulation as a rule before discharge into the environment;
b) to limit the amount of sewage seeping into the ground or flows on the other receiver source.
2. All water drainage households in the range has a network of pipes, drains rainwater collectors, sewage is the object to connect to the sewer system except the cases prescribed on exempt connected in article 35 of this Decree.
3. where the drainage system of the rural residential areas and industrial parks connected to the urban drainage system shall be considered as a household use of drainage services the municipality and must follow the rules of connecting drainage system.
Article 31. The requirement to connect sewerage systems 1. Box is defined on the collectors of the drainage system, at the location of the connection point and put on the public land survey boundaries between public and private lands portions of each water drainage households.
2. All water drainage households are responsible for investment in water drainage pipe within the private portions of the campus and connected to the connector box.
3. The construction of drainage system in the works, House of water drainage households must comply with the current technical regulation and the requirements in the regulation of content and connections connection agreement.
4. water drainage system owners are responsible for investing in the construction of drainage systems include networks of collectors and conveyed from the box connect to sewer level 3, level 2 and level 1.
Article 32. Regulations on waste water discharge at the connection points 1. With regard to waste water: water drainage households are allowed to discharge directly into the drainage system at the connection point.
2. for other types of wastewater: water drainage households to collectors and sewage systems ensure local technical standards prescribed before discharge into the connection point and according to the rules of connect and the connection agreement.
Article 33. Content regulation connected
1. connection rules to ensure the connection is done when implementing the projects of construction of new drainage or expand coverage of existing drainage services.
2. content regulation connected include: a) The rules of connection points;
b) high speed requirements of connection points;
c) regulations on box;
d) connection point;
DD) quality, waste water discharge volume into the connection point;
e) connecting funding, policy support and promote connections;
g) financial obligations of connecting drainage system owners and households;
h) rights, the responsibilities of stakeholders and coordination mechanisms.
3. The regulation on drainage connections have to be notified to the community residents in the region said.
4. The provisions connected is a content in the local sewer regulations by the provincial people's Committee.
Article 34. Support connection to drainage system 1. Connection support in order to promote the waste water connection from the water drainage households into the network of collectors of drainage systems; ensure waste water is thoroughly collectors, wastewater treatment plants operate in the correct design capacity; ensuring efficiency in the construction of drainage systems.
2. supported object: households with poor families, according to the criteria prescribed by the Prime Minister; Executive households and make connections as soon as the connection is required. Identifying households subject to support by the provincial people's Committee to review the decision.
3. The method of support: a) support a part or the whole installation costs from the box to the location of drainage pipe within the campus of the private households;
b) funding support from local budgets, from the project or from the unit's capital.
4. Based on specific local conditions, the owner decided the method and level of support for connections to specific objects.
Article 35. Agreement and connecting 1. Connection agreement is a written agreement between water drainage units and water drainage households about the location of the connections, the technical requirements of connection points, connecting time, quality, volume of waste water discharged into connection points.
2. The immunity case connected to the sewer system are as follows: a) Near the source of receiving that waste water quality guarantee sanitation requirements and connecting to the drainage system can cause the unreasonable burden on economics for water drainage households according to the provisions of the provincial people's Committee;
b) yet in geographical network of collectors concentrated their drainage system.
Chapter V REVIEWS the SEWER SERVICE Article 36. Sewer service costs 1. Water drainage service cost is the basis for the valuation of water drainage services and is the base for determining the value of contract management, the operation was concluded between water drainage units and owners of water drainage systems.
2. water drainage service costs are the production costs are calculated correctly, the computer is sufficient for a cubic meters of waste water (1m3) to perform the tasks for drainage and sewage in the area provide services including: a) running costs, maintenance, maintenance of drainage systems;
b) depreciation of vehicles, machines, equipment, workshops, works are invested to serve water drainage and waste water treatment standard, current technical regulation;
c) The costs, taxes and other charges under the provisions of the law.
Article 37. Principles for determining costs of Drainage Services 1. Sewer service charges are determined on the principle of computer properly, the actual costs incurred in the course of performing the duties of drainage and wastewater standards, technical regulation regulation.
2. water drainage service cost is determined for each type of drainage system including: a) General drainage system;
b) individual drainage;
c) half private drainage system.
Article 38. Principles and methods of valuation of water drainage services 1. Sewer service rates tied to the quality of drainage and service providers irrespective of the applicable object is the Organization, individuals inside or outside, in accordance with the regime, the policy of the State.
2. In the case of drainage services price due to the provincial people's Committee decided to lower the price was right, the costs of services of wastewater treatment and drainage and reasonable profit levels, the provincial people's Committee to grant compensation from local budgets to ensure the legitimate rights and interests of the drainage unit.
3. The valuation of drainage services are based on the volume of waste water and the concentrations of pollutants in waste water.
4. The Build Guide and pricing methods of drainage services.
Article 39. Determine the volume of waste water 1. For domestic wastewater: a) the case of the water drainage households using clean water from a concentrated water supply system, sewage volume is calculated using the 100% of the volume of fresh water consumed by the water bills;
b) where water drainage households not using clean water from a concentrated water supply system, sewage volume is determined according to the amount of water per capita consumption locally by the provincial people's Committee.
2. for other types of wastewater: a) the case of the water drainage households using clean water from a concentrated water supply system, sewage volume is calculated by 80% of the volume of fresh water consumed by the water bills;
b) where water drainage households not using clean water from a concentrated water supply system, the volume of waste water is determined through the waste water flow meter. Case of non installation of the meter, unit of sewer and water drainage households to base water drainage service contracts are stipulated in article 27 of this Decree to the waste water volume accordingly.
Article 40. Determine the amount of pollutants in waste water 1. Concentrations of contaminants for wastewater (not the waste water) is determined according to the average of the COD targets each kind of waste water, according to the nature or type of activity arises out of waste water or according to each object separately. COD concentrations are determined based on the results of the laboratory analysis standards.
2. water drainage units have the responsibility to determine the concentrations of COD of waste water (except household wastewater) as the base price of drainage service, periodically check or 06-sudden inspection to determine concentrations of COD this when necessary. The case, water drainage households do not accept COD content index according to the calculation of the operating management of drainage system, water drainage households have the right to contract with a different lab perform the sampling, determine COD do for evidence; the cost for the sampling, analysis by water drainage households to pay.
Article 41. Responsibility, authority to appraise and approve water drainage service price 1. Drainage system for investment from the State budget: the building hosted, in cooperation with the relevant agencies to build water drainage service price plan, the Department of finance organizations assess the provincial people's Committee decision.
2. With respect to the drainage is from the other capital investments: the owner held up drainage and sewer service rates, Department of finance, in cooperation with the Department of building evaluation and the provincial people's Committee for approval.
3. for industrial zone: Drainage Services Price due to the business owner, the industrial zone infrastructure development agreement with the investors in the industrial zone and decide on the price. Before deciding to have the opinion of the agency agreement, the State management of water drainage management bodies and local prices.
Article 42. Water drainage service price adjustment 1. Sewer service rates be adjusted in the following cases: a) when there is a change of investment on wastewater treatment technology, the quality of service;
b) When there is a change in the mechanism, the State's policy, the technical-economic norms;
c) condition of social-economic development of the country, the region and the people's income have changed.
2. The authority to adjust the price of drainage services carried out according to the provisions of article 41 of this Decree.
3. for urban wastewater and sewage disposal are invested from ODA, the use of drainage services and adjusted the price of using the drainage services in accordance with the agreement signed between the donors and the Government of Vietnam.
43 things. The method of currency, payment of sewerage services 1. For water drainage households: a) the Organization, individuals make water supply services are responsible for organizing money through sewer service money bill for the water drainage households using clean water from a concentrated water supply system and enjoy the service costs go currency;
b) unit direct drainage sewer service charge for the water drainage households not using clean water from a concentrated water supply system;
c) water drainage Households already pay no service charges for environmental protection according to the current rules on environmental protection charges for waste water.
2. water drainage units for: owners of the sewer system of payment under the contract price the contract management was concluded between water drainage units and owners of water drainage systems.
Article 44. Management and use of revenues from the sewer services 1. Revenues from service due to drainage system owners to manage and are used for the purpose of: a) pay for the services, reviews, analysis of wastewater samples determine the concentrations of COD;
b) pays for sewer services and water treatment;
c) investment to maintain and develop water drainage system;
d) valid expenses under current rules.
2. The Ministry of finance, in cooperation with the Ministry of construction specific guidelines on the management, use of revenues from the sewer service.
Chapter VI LIABILITY of the STATE MANAGEMENT of WATER DRAINAGE and WASTE WATER TREATMENT Article 45. The responsibilities of the ministries 1. The Ministry of construction is responsible for performing the functions of State management of water drainage and waste water treatment in urban, rural, residential and industrial areas all over the country.
2. Ministry of natural resources and environment is responsible for implementing State management functions on the protection of the environment, water resources, river basin management, control pollution in the drainage area, discharge into the environment on the scope of the country; in collaboration with the Ministry of industry, waste management according to the provisions of the law.
3. The Ministry of agriculture and rural development is responsible for performing the management functions of State of discharge activity into the irrigation system.
4. The ministries, ministerial-level agencies in the scope of its powers, the mission is responsible, in coordination with the Ministry of construction, Ministry of agriculture and rural development, Ministry of natural resources and the environment to perform state management of water drainage and waste water treatment in industrial zones, urban, rural residential area of focus.
Article 46. The responsibility of the provincial people's Committee 1. The provincial people's Committee in the scope of the task, their powers are responsible in implementing State management of water drainage activities and local waste water management by themselves;
2. Assignment of responsibilities for the specialized agencies and decentralized committees for management levels on the management of waste water and drainage on the management by themselves.
3. The specific provisions on the management of water drainage activities; mechanism of preferential policies, support to encourage investment on sewerage and sewage treatment consistent with conditions of economic development, the local society.
4. Organization direction planning, approval of investment plans of local drainage development and implementation funding arrangement consistent with the program, the economic development plan of local society.
5. Guide the construction of database on water drainage and waste water treatment.
6. The organization directing the preparation of reports on the situation, local drainage include: the reality of building development; the situation, evaluation planning and deployment planning; the situation and development of construction investment projects of construction; water drainage service price management.
7. Direct the inspection, test, handle breaking the law on the management of water drainage and waste water on the area.
Chapter VII ENFORCEMENT PROVISIONS Article 47. Handle forward 1. For the approved water drainage planning tasks of design and are planning organization before the Decree has effect, then the evaluation, approval continues to comply with the provisions of Decree No. 88/2007/ND-CP on May 28, 2007 by the Government on urban sewage and industrial parks. The water drainage planning has not yet approved the design task organized to follow the provisions of this Decree.
2. for the local people's Committee is holding a charge had adjusted water drainage drainage provisions in Decree No. 88/2007/ND-CP on May 28, 2007 the Government and urban drainage, the industry continued to adjust drainage. The wastewater then follow regulations on sewer service rates of this Decree.
Article 48. Effective enforcement of this Decree has effect as from October 1, 2015 and replacing Decree No. 88/2007/ND-CP on May 28, 2007 by the Government on urban drainage and Vietnam industrial zone.
Article 49. Implementation 1. The Minister of construction in coordination with the ministries concerned are responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and organizations, individuals responsible for the implementation of this Decree.