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Decree 88/2007/nd-Cp: Drainage And Urban Industrial Zone

Original Language Title: Nghị định 88/2007/NĐ-CP: Về thoát nước đô thị và khu công nghiệp

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Decree on urban sewage and industrial parks _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on environmental protection on November 29, 2005;
Pursuant to the law on water resources of 1 June 1998;
Considering the recommendation of the Minister of construction.
DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree regulates water drainage activities in urban areas and industrial zones, export processing zones and economic zones, high-tech zone (hereinafter referred to as the industrial area); the rights and obligations of organizations, individuals and households have drainage-related activities on the territory of Vietnam. For the rural focus residential condition of building drainage systems focus then encouraged to apply this Decree.
2. This Decree shall apply to organizations, individuals and households in the country; organizations, foreign individuals have drainage-related activities on the territory of Vietnam.
3. In the case of international treaties to which Vietnam is a member have other regulations with the provisions of this Decree shall apply according to the provisions of international treaties.
Article 2. Explanation of terms 1. Water drainage activities is relevant activities in the field of sewerage, including: planning, design, construction, management, operation and exploitation, use of drainage systems.
2. water drainage service is active management of drainage system, in order to satisfy water drainage, wastewater and sewage treatment of objects in need of drainage according to the provisions of the law.
3. water drainage Charges are environmental protection charges for waste water applicable to urban areas and industrial zones are the sewer system; drainage by the provincial people's Committee, the central cities (hereafter referred to as the provincial people's Committee) regulations after peoples Council through the same level to gradually ensure the maintenance and development of local water drainage service.
4. water drainage units is held, personal services contract management of drainage, the drainage system.
5. water drainage Households cover households, career administration, manufacturing, business services, waste water discharge into the sewer system.
6. individual water drainage Households are households and drainage discharge, waste water directly into the environment.
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.
9. other wastewater is used water that is not waste water.
10. water drainage systems include networks of culverts, canals and collectors conveyed, outdoor, clue works (pump stations, treatment plants, outlet) and other accessories for the purpose of gathering, transportation, drainage, sewage and waste water treatment. The drainage system is divided into the following types: a) General drainage system is a system in which all types of waste water, rain water collectors in the same system.
b) private drainage system is the system of drainage and sewage water;
c) 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, clue works (pump stations, outlet ...) and other ancillary purpose of collecting and draining rain water.
12. waste water drainage systems include networks of culverts, canals and collectors conveyed, outdoor, clue works (pump stations, treatment plants, discharge doors ...) and other accessories aimed at collectors, drain and sewage treatment.
13. How is the main sewer Drain wells split the sewage to the whole sewage collectors when there is no rain and waste water part has been blended when there is rain in the sewer system from different basins and shipping to pump stations or waste water treatment plant.
14. The system of indoor air conditioning include natural or man-made lake for receiving water, regulate the ability to 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 water discharge into the environment of the sewer system or the individual water drainage households.
17. drainage basin is a certain area where rain water or waste water is collected, transported to put about one or some point source discharge of receiving.
18. receiving Sources is a division of the environment include: the regular flow water sources such as ponds or recurring, lakes, rivers, streams, canals, groundwater, sea.
19. COD is the oxygen demand required to oxygen turns the chemicals contained in the water.
Article 3. Investment policy development and drainage 1. Water drainage service is the kind of public activity, the State interest, the investment priorities in order to constantly improve the performance, quality of service guarantees sustainable development, meet the needs of socio-economic development.
2. Encourage all economic sectors, social community participation development, operations management and drainage.
Article 4. Responsible governance for water drainage activities 1. The unified Government in State management of water drainage activities on the territory of Vietnam; enact and implement the strategic direction, development and drainage at the national level.
2. Ministry of construction: responsible for implementing State management functions of drainage in urban and industrial zones across the country: a) research, build the mechanisms, the drainage policy the Government or the Prime Minister promulgated or issued by the authority;
b) building, the Prime Minister issued and implementation programs, sewer development plans at the national level;
c) issued the regulation, standards, technical-economic norms on water drainage;
d) Guide, directing and inspect water drainage activities on national scope 3. Ministry of natural resources and environment is responsible for implementing State management functions on the protection of the environment and control pollution in the drainage operations.
4. The Ministry of agriculture and rural development is responsible for implementing State management functions on the exploitation and protection of irrigation; granted, revoked the license to discharge waste water into irrigation.
5. Ministry of planning and investment: a) ensure balanced the needs of capital from State budget funds under the program, the drainage development plan has been approved by the Prime Minister;
b) research, policy mechanism to encourage the mobilization of resources, the head of tu foreign and domestic investment for water drainage works;
c) Doing advocacy focal ODA for water drainage development investment in the order of priority had been approval by the Prime Minister.
6. The Ministry of Finance: a) in collaboration with the Ministry of planning and investment in ensuring balanced investment capital from the State budget and cúu, building mechanisms, fiscal policy to encourage, mobilize investment capital in and out of the water for water drainage development investment;
b) uniform financial management capital official development assistance (ODA) to the water drainage development investment;
c) in collaboration with the Ministry of construction Guide, test, monitor the collection and use of the drainage on the country.

7. The ministries, ministerial-level agencies in the scope of its powers, the mission is responsible, in coordination with the Ministry of construction to implement state management of water drainage and urban industry.
8. provincial people's Committee in the scope of the task, their powers are responsible in implementing State management of water drainage activities on its managers; functions, tasks, decentralized management of water drainage activities for co related expertise and people's committees of all levels of management by themselves. Department of construction of the major Department and the central cities is the professional body, Chief of the provincial people's Committee to help implement state management of water drainage in the area.
9. the people's committees of the municipality is responsible for planning, organization construction system and implementation of the local drainage services managed in accordance with the development of the community and participating in the planning of drainage areas, management units selection , operation, Contracting and implementation monitoring organization.
Article 5. The principle of combined drainage with the other technical infrastructure works 1. The plan, investment projects in the works of other technical infrastructure (transportation, irrigation, ...) to ensure harmony with urban drainage system and related industrial and state management agencies of the local drainage system, look for in writing before the approval authority.
2. When renovating, extensions, build new infrastructure works, especially traffic works related to urban drainage system and the industrial zone, the owner must have guaranteed the normal drainage and be obliged to renovate, restore or build new sync items related drainage works as planned.
3. the management authority of the State of the local drainage, water drainage units assigned to manage, operate the drainage system has the right and obligation to participate in monitoring the process of construction of the drainage of the investment project of construction of the infrastructure concerned. Water drainage units have the right to refuse to accept delivery of drainage if the build quality is not guaranteed under the rules.
Article 6. Regulations on waste water standards 1. Waste water from urban drainage, industrial parks, from the water drainage households discharging single out the source of the reception to ensure environmental standards by the competent State Agency regulations. Ministry of natural resources and the environment issued the waste water discharge standards receptive source.
2. Waste water drainage households discharging from on urban drainage, industrial-ensuring the waste water discharge standards into the sewer system by the competent State Agency regulations. The Ministry of construction issued the waste water discharge standards on urban drainage system and the industrial zone.
Article 7. Management of discharge points system into the environment 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 by contrast from the reception and 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 the focal point of discharge, waste water quality monitoring of sewer and water drainage households singly on the province each receiving source basins and coordinate with the relevant local governing the discharge point waste water quality, to basin have the scope as prescribed by the law on the protection of the environment.
Article 8. 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 and individuals 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 levels are responsible to check the fit between the high level 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 ability drain, water conditioners, 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 a high level of requirements aimed at draining, anti-attenuated municipality.
Article 9. The participation of the community 1. Perform monitoring functions on the construction, management and operation of the drainage system.
2. Detection, deter, petitioning the agency competent to handle the breaking the law during the operation.
Article 10. 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.
Article 11. The prohibited acts 1. Undermining the work of the drainage system.
2. Violation of the regulations on the protection of the drainage system.
3. Obstruct the inspection, inspection of water drainage activities.
4. Non-compliance with the regulations on construction background level when conducting new build, renovate, upgrade the building works in the town.
5. Discharge of rain water, the sewage does not guarantee the quality standards of waste water discharged into the sewer system, receiving sources.
6. the waste Discharge of substances not waste water, rain water into the sewer system.
7. Diluting waste water to reach the waste water quality standards or convey the amount of pollution to the environment, such as air and soil.
8. arbitrary connections or not in accordance with the agreement with the drainage system.
9. Provide information not honestly do affect the legitimate rights and interests of organizations and individuals in water drainage activities.
10. Taking advantage of position and powers to cause troubles, harassment of organizations and individuals in water drainage activities.
11. other acts violating the provisions of the law on water drainage.
Chapter II article 12 COUNTRIES ESCAPE PLANNING. General provisions on water drainage planning 1. Drainage master plan was created, approved as the basis for the next drainage operations. Every organization, individuals involved in the drainage operation must follow the planning and drainage were competent State agencies for approval.

2. When planning construction must organize water drainage planning studies as an integral parts of the building plan and comply with the provisions of this Decree and the regulations of the law on construction planning.
3. for the industry, the new urban form to the planning, construction, drainage systems, wastewater. For the municipality had drainage systems, the new custom specific conditions of each municipality to research the organization planning the sewer system, or half private.
4. in the following cases the drainage planning must be held up as a private plan: a) the drainage planning: for a group of urban, industrial zone in a province or the province has close geographical position, favorable natural conditions of terrain and receiving source capable of building drainage works which have not or are not held the construction planning for the Group of municipalities, industrial;
b) sewerage urban planning: for the urban type of 2 or more (the other municipality if it deems it necessary) to materialize the water drainage orientations already identified in the overall planning for urban construction.
5. water drainage planning was established as a separate plan outlined in paragraph 4 of this Article shall comply with the provisions from Article 13 to article 20 of this Decree and other relevant provisions of the law on construction planning.
6. Ministry of construction cost guide water drainage planning.
Article 13. The period and duration of drainage planning 1. Drainage master plan was established for short-term period is 10 years, the long-term stage is 20 years and longer.
2. time set the drainage plan not so 18 months, urban drainage planning, industrial zones and not more than 12 months from the date of the planning task was approved by the authority.
Article 14. Water drainage planning tasks 1. Planning tasks content and drainage: a) reviews, the forecast of social-economic development, the development and layout of residential, industrial, service, infrastructure, planning their research area.
b) reviews of natural conditions, the current state of the infrastructure, environmental performance and forecasting ability of the water draining River, Lake concerned;
c) drainage needs, collectors, sewage and drainage system of organization of study area.
d) diagram drawing, position, scale and boundary relations department, the rate of 1/100,000 to 1/500,000 for water drainage Planning Department and 1/25,000-1/100,000 for urban water drainage planning.
2. set time water drainage planning tasks not exceeding 3 months for water drainage planning region province, 2 months for water drainage planning in a region of the province and municipality of drainage planning since officially been tasked.
Article 15. Planning for drainage base 1. Overall planning the social-economic development; construction planning, related industry development plan (if available).
2. Orientation of overall planning the development of the municipality and the orientation of the development of the national infrastructure has been the Prime Minister for approval.
3. The results of the investigation, survey and data, related documents.
4. the Standard Rules, standards of drainage.
5. water drainage planning tasks have been approved.
Article 16. Water drainage planning content depending on the characteristics, the scale of the study area drainage master plan, have the following principal contents: 1. Investigation, survey and assessment of the socio-economic status, natural conditions and the technical infrastructure of the planning area.
2. Census, survey and evaluation of environmental performance, the ability to drain the rainwater, waste water of the rivers are concerned.
3. Determine the drainage basin of the planning area.
4. Determine the norms, the basic parameters for the drainage include meteorological, hydrological conditions, the coefficient of permeability, water drainage standards, industry, service ...
5. Determine the flow of drainage, sewage.
6. Determine the source of the reception, the ability to receive rain water, wastewater.
7. selecting the system of drainage, wastewater collection, and wastewater treatment.
8. Determine the quality of waste water at the connection point.
9. Determine the direction, location, size of the main sewer line.
10. determining the discharge point, an elevation of the water level, the maximum discharge flow, the quality of waste water at the discharge point.
11. Locate, scale the station pumped rainwater, waste water, waste water treatment plants.
12. the proposed conservation measures, embellish the canals system, outdoor functional and drainage, waste water treatment and conditioner.
13. Divergence staged investment, area; determine the total investment, suggested resources, priority projects.
14. environmental impact assessment, proposed measures for environmental protection.
15. Propose the governing system.
Article 17. Profile of drainage plan depending on the characteristics, the scale of the area of research, records the drainage plan include: 1. Drawings: a) location map and contact Department:-for water drainage planning: 1/100.000-l/500,000;
-For urban water drainage planning: 1/25,000-1/100.000.
b) terrain:-for water drainage planning: 1/25,000 to l/250,000;
-For urban water drainage planning: 1/25,000-1/5000.
c) map the current state of technical regulation as point b of this paragraph;
d) map divides the drainage basins, such as the percentage of point b of this paragraph;
DD) map location of the pump stations, treatment plants, the main transmission routes, such as the percentage of point b of this paragraph.
2. the report includes presentation, the text has legal value, the process of approval of the drainage plan.
Article 18. Responsibility, competence assessment, approval of the mission, the drainage plan 1. Responsible for establishing the mission, the drainage plan: a) the Ministry of construction held up the mission, the drainage plan region of the province;
b) provincial people's Committee has the responsibilities held up the mission, regional drainage plan, urban drainage planning in its administrative boundary management.
2. Authority to appraise, approve the mission, the drainage plan: a) the drainage plan for the province, urban water drainage planning special categories: the Prime Minister approving or authorize The construction approval tasks, plan the drainage water drainage planning in the province, the municipality of special kind within 25 working days from the date of submission of a valid application.
The building hosted the evaluation mission, plan the drainage water drainage planning in the province, the municipality of special jurisdiction of the Prime Minister Government approval within the time limit of 20 working days from the date of receipt of a valid application.
b) sewerage master plan for the region in a province, municipality of drainage planning in the foot of the provincial people's Committee: approved the mission, the drainage plan within a province, planning urban drainage (except the municipality of special kind) in its administrative boundary management within 15 working days from the date of receipt of a valid application of the evaluation and the agreed opinion of the Ministry of construction.
Department of construction of the main Public transport Facility, the city of centrally hosted evaluation missions, regional drainage plan, urban drainage planning authority approved by the provincial people's Committee in the time limit of 20 working days from the date of receipt of a valid application.
Article 19. Regulations on the management of water drainage planning

On the basis of the drawing content, presentation of the drainage plan, recommendations, solutions made of drainage planning, who has the authority to approve water drainage planning blueprints issued regulations on the management of water drainage planning. Content rules include: 1. Provisions on the position, role, function, the scale of the drainage.
2. The provisions of the scope of protection, the safe corridors for the drainage.
3. Assignment of responsible management and regulation of drainage planning.
4. Other regulations.
Article 20. Water drainage planning adjustment 1. Water drainage planning is adjusted when there is one in the following cases: a) the adjusted master plan for socio-economic development, construction planning, development of the relevant industries;
b) Have large fluctuations of natural conditions.
2. The time limit for considering drainage planning adjustment according to the request of the approval authority the drainage plan.
3. content of drainage planning adjustment must be based on the basis of the analysis reviews the implementation of drainage plan was approved earlier, determining the factors affecting the planning, to ensure the inheritance and only adjust the contents change.
4. Who has the authority to approve projects of water drainage planning approved projects of drainage planning adjustment.
Chapter III INVESTMENT in WATER DRAINAGE DEVELOPMENT article 21. Owners of the drainage 1. The people's Committee of the municipalities in the region served by the sewer drainage in nature, the same owners drainage under the apportionment of capital or capital allocation established representative offices owners and participants.
2. the people's committees of the municipality is the owner of drainage: 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.
3. business organizations, develop new urban owns, manages, operates the sewer system in the area by themselves until management delivered as specified.
4. Organizations and individuals is the owner of drainage due to his capital until delivered to the people's Committee of the municipality (if specified in the investment license, certificate of investment).
5. the people's committees of all levels is the owner of the drainage and industrial investment from his budget capital management.
Article 22. Owner drainage 1. The owner has the property drainage region was delivered to the owner of the representative body is established under the provisions of paragraph 1 to article 21 of this Decree.
2. The people's Committee of the municipality is the owner of building drainage and use of the State budget on the area due to his management and delivered to the water drainage units to manage the project; drainage unit case does not have qualified project management capability, the drainage unit sent participants to the Project Management Committee established by the owner or the project management consultant was hired.
3. The unit, the enterprise was assigned to do the business owner of infrastructure development, industrial zone, urban is the owner of local drainage was entrusted to manage.
4. Organizations and individuals is the owner of drainage due to his capital.
5. Drainage and community contributions, represented by the community owner to decide.
Article 23. Investment development plan for drainage 1. The investment plan includes the drainage development solutions, investment projects, specific work to ensure objective, improving coverage of services, improve the quality of services in the region.
2. water drainage development plan must be consistent with the master plan of building, drainage planning approved and coordination with local stakeholders.
3. water drainage units held up, the owners of the drainage and approved investment plans on water drainage development was entrusted to manage.
Article 24. Investment capital 1. The drainage system of the municipality are 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 of the drainage water drainage planning fit in any form of investment. Investors enjoy preferential policies, investment aid under the provisions of the law.
2. water drainage system of the industrial zone, urban was invested from budget support, which has mobilized, other legal units assigned business owner, industrial zones and infrastructure development, new urban areas.
Article 25. Distribution of investment 1. The investment in development of the sewer network is determined according to the requirements of urban development and the securities according to forecasts projecting not more than 5 years, since the expected accomplishment take into use unless the sewer is a simultaneous investment with the transportation.
2. The scale capacity clue works (pump stations, treatment plants, ...) are chosen according to the planning forecasts not so for 5 years, since the expected accomplishment take into use.
3. the size of the drain, sewer main is selected according to the forecasts of demand for long-term planning stage of building, drainage planning approved.
Article 26. 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, scale consulting organization when establishing research projects of building 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 in order to assess the real situation of living, the ability and willingness to connect, perform the obligation to pay the cost of the drainage project area residents; 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 cost of the project be reviewed consistently with cost management, operating to ensure general economic efficiency of the project;
c) research, propose drainage, sewer fees rising, determining ability to pay management costs and repay the loan (if any) from the source currency drainage and local budgets to ensure sustainability of drainage is investment;
d) draft content management contract, operate or the additional supplement, adjust of the management contract, the operation has been concluded between water drainage work owners and water drainage units.
3. investment projects on construction of drainage and centralized nature, essentially solved the problem of drainage, wastewater collection, and wastewater treatment of the municipality type 4 and over must have comments the text of the agreement before the Building Authority for approval.
Chapter IV MANAGEMENT of the DRAINAGE SYSTEM OPERATION, article 27. Select units manage, operate

1. for the area were organized, ongoing personal service then Organization, that individual is assigned priority to implementation of the contract, the management of drainage system in the area.
2. for areas not yet have drainage unit then choosing management unit, operate the system follow the provisions of the law of tenders or to establish new if the bidding fails.
3. A water drainage units may be selected to manage one or more save handle different drainage, drainage basins each only due to a drainage units assigned to manage, operate.
4. The authority selected unit managers, operate the sewer: owner of organization management unit, the selection operators of local drainage system by themselves.
Article 28. Contract management, operation 1. Contract management, operating as a legal text to be signed between the owner and the unit was assigned the management, operation of the drainage system.
2. the management contract, the operation consists of the following basic content: a) is The subject of the contract;
b) object of the contract;
c) range, the content of the work;
d) technical requirements;
the contract Price), price adjustment principles;
e) payment, the method of payment;
g) duties and powers of the parties concerned.
Article 29. Assignment of contract management, operation of water drainage units are allowed to transfer part or all of its rights, obligations in contract management, operation to a third party upon the agreement of the owner of drainage works.
Article 30. Determine the price estimation, operations management contract Price estimation, operations management contracts is determined to base the choice of management units, operate.
1. principles of computer estimating price contract: a) Price estimation contracts are calculated correctly, the computer enough elements of reasonable production costs ensuring the management and operation of water drainage systems meet the standards, management processes, operations by the competent State agencies issued or approval;
b) ensure harmonization of interests of the State, water drainage units and communities.
2. Determining the price estimation: contract a) range, the workload;
b) management processes, standards, operation;
c) technical-economic norms by the competent State agencies;
d) specific conditions of the locality.
3. Establishment, approval processes and estimation of contract price: owner drainage and held up the price contract estimation (use professional body affiliated to or hired consultant) the approval authority.
4. the approval authority of the price estimation of contract: a) the provincial people's Committee approval of price estimation of contract for the drainage of the city, town administered;
b) committees at district level approval of price estimation of contract for drainage and commune administered.
Article 31. The price you contract management, operation management, contract Price is the price after agreement negotiated between the owner with the management unit, operate the selected drainage and ensure no price estimates are approved by the authority.
Article 32. Management contract price adjustment, operation 1. Reviews of contract management, the operation is adjusted in the following cases: a) Have expanded investment, upgrading the drainage system;
b) Have large fluctuations on the market;
c) change the State's policy mechanism.
2. water drainage units and the competent authorities approve the contract price adjusted after agreement with the owner of drainage works. Who has the authority to approve the price estimation of contract approval of contract price adjustment.
Article 33. Contract management contract, the operation has the shortest duration is 5 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.
Article 34. Termination of contract management, the operation is terminated in the following circumstances: 1. One of the parties violates the terms of the contract.
2. Upon expiry of the contract that either party does not wish to continue extending the contract.
3. The case of force majeure or other reasons specified in the contract.
Article 35. Trials, payment under the contract 1. Contract management, operation of paid recurring costs under the agreement.
2. Method of payment by the two parties to the agreement.
3. In cases of slow payments than 15 days from the time limit agreed in the contract, then the water drainage units are entitled to the highest interest rates of the bank where the transaction account at the time of payment for the amount of slow payment.
4. water drainage work owners responsible for the organisation, monitoring and payment for water drainage units under contract.
5. the management contract, the operation is checkout from the source water drainage charges, annual budget plan of drainage work owners.
Article 36. The content management of the drainage system 1. Drainage system management includes management of the works from the collection of rain, the rain water sewer areas, the main drainage canals, lake water conditioners, anti-flooding pump stations, ... the valves prevent the Court (if any) to the point of discharge into the environment.
2. The ditch, sewer manholes, must be dredging, maintenance, maintenance, ensure the design flow. Regular inspection and maintenance manholes hatches, doors collecting rain water. Periodically check, evaluate the quality of the sewer, the network works to propose replacement, repair.
3. Establish management processes ensure drainage systems technical requirements management, operate according to the regulations.
4. the proposed development under the basin.
Article 37. Content management the waste drainage system 1. Waste water drainage system management includes managing the connection point, the sewer collectors, transmission to the waste water treatment plant and waste water from the plant to the point of discharge into the environment. Drainage management content include: a) to periodically check the tightness, worried at the condensate connection, manholes and sewer for planning dredging, repairing, culvert maintenance and works on the network;
b) periodically check, evaluate the quality of the work, to propose alternative measures, drainage network and repair works on the network;
c) set of processes to manage the waste drainage system ensures technical requirements management, operate according to the regulations;
d) proposed the development of the network according to the basin.
2. In the case of drainage network, the management of drainage system shall be as specified in article 36 and Article 37 paragraph 1 of this Decree.
Article 38. Content management system for indoor air conditioner 1. The Lake system management automatic water drainage system in order to regulate rain water, at the same time creating the landscape ecological environment combined as a place of entertainment, aquaculture.
2. control the acts to discharge waste water and waste water generated in the production process, business service directly into the Lake.
3. Inspect, supervise the extraction, using outdoor air conditioning on the different purposes that are permitted by the authorized (recreation, aquaculture, tourism ...) in accordance with the rules to ensure rain water conditioners function and the environment.
4. Maintains a stable level of indoor air conditioning, ensuring good water conditioner mission and other requirements.
5. Periodically dredging the bottom of the Lake, and the Lake, the lake bed hygiene.

6. Establishment of management processes, mining regulations, using outdoor air conditioner.
Article 39. Content management works in the clue 1. Operate the pump stations, pressure pipe lines, sewage treatment plant, the point of discharge into the environment in compliance with the operating procedures, maintenance has been approved.
2. Periodically check, evaluate the quality of the work ability guarantee the continuous operation of the system, proposing measures to replace, repair and development plans.
Article 40. Asset management units assigned to manage drainage, the drainage system is responsible for managing the investment property from the owner's capital: 1. Set the listing asset management.
2. protection organization asset management.
3. Periodically check, evaluate the quality of the property.
4. Planning the maintenance works, and stores the new equipment.
Chapter V SERVICE Article 41. Connection points 1. Water drainage units must set the connection points for water drainage households into the network of collectors of water drainage systems. All water drainage households located in areas with sewerage services are required and are obliged to connect to the network of collectors of water drainage systems except the cases prescribed in article 45 of this Decree.
2. Location of connection points are defined on the collecting of water drainage systems. Altitude and the technical requirements of connection points due to the drainage unit.
3. water drainage system owners are responsible for building the network of collectors to the connection point. Water drainage households are responsible for investment in water drainage pipe and preliminary treatment facilities to connection point; refund status quo the public ground uses to execute; is obliged to announce the time of execution to the drainage unit connection check to ensure proper connections.
Article 42. Regulations on waste water discharge at the connection points 1. For domestic wastewater: a) for water drainage systems are new construction investment has picked up, the waste water treatment, the waste water from water drainage households are allowed to discharge directly into the wastewater collection system;
b), in the municipality there were public sewer system or the private half of the waste water to be collected and treated before discharge into the primary connection point. The Ministry of construction issued a regulation designed to build and operate water treatment waste water drainage households in the primary. Water drainage units have the responsibility and the right to supervise the construction of collectors and preliminary processing of waste water drainage households to ensure the construction of this work is properly defined.
2. for other types of wastewater: a) The water drainage households to collectors and sewage treatment systems in locally secure permission before discharge standards on connection points;
b water drainage households) are responsible for contracting with a qualified laboratory to conduct periodic sample, analyze the quality of waste water discharge into the connection point before two months. Test results must be sent to the State agency about local drainage, water drainage units and households.
3. water drainage units have the responsibility to organize control the discharge of waste water drainage households into the sewer system management by themselves ensure the prescribed standards, self organizing sampling, tests when necessary.
43 things. Connect the drainage of industrial zones with urban drainage water drainage systems in case of industrial parks connected to the urban drainage system shall be considered as a household use of drainage and urban services are subject to the provisions of the urban drainage system.
Article 44. Connection agreement connections 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, flow of water discharged into connection points.
Article 45. Exempt exempt works connection connect to the sewer system in the following cases: 1. Near the source of the waste water quality where reception ensures hygiene and environmental requirements and connecting to the drainage system can cause the unreasonable burden on economics for water drainage households.
2. In the network yet collectors focus their drainage system.
Article 46. 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, the method of payment;
g) handle breach of contract;
h) other content due to the two parties to the agreement.
Article 47. Stop sewer services 1. For households: water drainage units not stop providing water drainage services in all cases, except with specific regulations in the contract management, operate. The water drainage households does not fulfill the obligation of payment of fee for drainage or arbitrarily changed, fix the drainage system, violate water drainage regulations will be dealt with according to the provisions of the law; at the same time, clean water supply units are obliged to stop supplying clean water at the request of water drainage units.
2. for other water drainage households: a) violate water drainage regulations without causing adverse environmental, water drainage units have the written notice of the violation and ask for water drainage households to overcome. After 15 days where water drainage households fail then the drainage unit of notification, if after 15 days that households still not drainage the drainage unit Executive be allowed to stop the water drainage services according to agreed upon has been specified in the service agreement and the provisions of the law on water drainage; at the same time, clean water supply units are obliged to stop, honey water supply at the request of the drainage unit;
b) violate water drainage regulations have bad influence on the environment, water drainage units conduct formed thereon and request the water drainage households must be remedied immediately. If households fail, drainage water drainage units are entitled to discontinue the service and request the water drainage units for water supply stop supply of clean water; at the same time, water drainage households dealt with under the provisions of the law.
3. water drainage services and the water supply was 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, service intervals, at the same time, water drainage units must have a temporary drainage measures to limit the impact to production activities and activities of households and drainage and minimize environmental pollution.
Chapter VI Article 48 WATER DRAINAGE CHARGES. Object currency drainage 1. All water drainage households discharging waste water into the sewer system are obliged to pay water drainage charges according to the provisions of this Decree.

2. All water drainage households discharging wastewater directly into the environment is obliged to pay environmental fees for wastewater under the provisions of Decree No. 66/2003/ND-CP on 13 June 2003 by the Government on environmental protection charges for waste water and Decree No. 04/2007/ND-CP DATED August 7, 2007 on the revision supplement some articles of Decree No. 66/2003/ND-CP. Article 49. The principle of determining drainage 1. Drainage projects is determined on principle towards cost recovery to maintain wastewater services including sewage and rain water.
2. water drainage Charges are decided to fit in with the social-economic development of each period; match the level of investment in improving the quality of services, have increased gradually and the roadmap towards the target enough to pay for the cost of management, operations and contribute a portion of the cost of investing in the construction of drainage works.
3. Local budgets must ensure sufficient to compensate the cost of management, operation, maintenance of local water drainage services in the case of revenue from the charge is determined water discharge is lower than the actual cost.
Article 50. Method of determining the level of drainage fee 1. For domestic wastewater, water drainage charge rates are calculated according to the volume of wastewater.
2. for other types of wastewater, water drainage charge rates are calculated according to the volume of waste water and the concentrations of pollutants in waste water.
Article 51. Determine the volume of waste water costs 1. For domestic wastewater: a) the case of using clean water from a concentrated water supply system, sewage charges computed volume is taken by 100% of the volume of fresh water consumed by the water bills;
b) case of not using clean water from a concentrated water supply system, sewage charges computed volume is taken by 4 m 3/person/month.
2. for other types of wastewater: a) the case of using clean water from a concentrated water supply system, sewage charges computed volume is taken by 80% of the volume of fresh water consumed by the water bill. Water drainage units or water drainage households may install the clock to determine the exact amount of wastewater discharged into the sewer system;
b) case of not using clean water from a concentrated water supply system, the waste water volume calculation of costs is determined through the clock. Water drainage households are responsible for investing the installation of the clock and the other auxiliary protection devices.
Article 52. Determine the amount of pollutants a fee 1. Concentrations of contaminants at a charge for wastewater (not living) is determined according to the target COD (mg/l).
2. COD concentrations are determined according to the results of laboratory analysis of the standards specified in point b of paragraph 2 Article 42 of this Decree.
Article 53. Determine the level of fee income wastewater drainage for the water drainage households is determined according to the following formula: F = f x V x K where: f is the sewer charge is determined according to the rate% and not less than 10% of the consumed clean water applied to the objects used in different countries.
V is the volume of waste water fee is determined according to the provisions of article 51 of this Decree.
K is the coefficient of adjustment depends of the contaminants identified under the provisions of article 52 of this Decree; for domestic wastewater, taking the coefficient K = 1.
The K coefficient is determined as follows: STT COD concentrations (mg/l) K coefficient 1 ≤ 100 1 2 101-200 3 201-300 2 4 301-400 1.5 2.5 5 401-600 600 Article 54 4.5 3.5 > 6. Plans base drainage 1. Principle, method of determining drainage.
2. conditions for socio-economic development of each area and people's income in each period.
3. The costs of the management, operation and profit of water drainage units.
Article 55. Responsibility, competence assessment, decide the drainage 1. Owners of the drainage/sewerage Unit Director held up and the drainage projects.
2. The Department of construction of the major Department and the city, centrally hosted, in cooperation with the Department of finance evaluation of drainage projects.
3. provincial people's Committee decided to charge for each local municipality after management passed the people's Councils at the same level.
4. Drainage in an industrial business owner, industrial zones and infrastructure development of self decision and the agreement with the owners of buildings in the industrial park.
Article 56. Adjustable drainage 1. Drainage is adjusted in the following cases: a) when there is a change of investment on wastewater treatment technology, the quality of service;
b) change in the mechanism, the policy of the State;
c) condition of social-economic development of the country, the region and the people's income have changed.
2. Processes, procedures, authority to regulate water drainage charges made under the provisions of article 55 of this Decree.
Article 57. The method of collecting, sewer fees payment 1. The Organization, individuals make water supply services have the responsibility to organize water drainage charges through water bills for water drainage households using clean water from a concentrated water supply system and be entitled to the cost of service charge.
2. Monthly, water drainage units must provide information on the quality of the wastewater (not domestic wastewater) of water drainage households to determine the drainage to the Organization, individuals perform services on water supply. The time of the provision of information by the two parties to the agreement.
3. water drainage units to direct water drainage charges for the water drainage households not using clean water from a concentrated water supply system.
Article 58. Management and use of drainage water drainage Charges obtained by the owner of the drainage management and are used for these purposes: 1. To pay for the management contract, operate.
2. To pay for the service charge.
3. investment to maintain and develop drain water.
Chapter VII RIGHTS and OBLIGATIONS of the PARTIES Article 59. The rights and obligations of the drainage unit 1. Water drainage units have the following rights: a) operations according to the rules, are correct and sufficient payment services cost management, operating the system under a contract signed;
b) suggest State agencies have the authority to consider additional amendments to the rules, standards, technical-economic norms related to drainage activities;
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 following obligations: a) the investment property management from the owner's capital drainage under the contract concluded;
b) comply with the legal process, about the operation of the system;
c) troubleshooting, restoring the drainage;
d) Set and the drainage projects to the approval authority as prescribed;
DD) database setup, management of water drainage households into the sewer system management by themselves; in collaboration with the water supply unit or directly organize water drainage charges according to regulations;
e) implementation of the provisions of the law on the protection of the environment;
g) provides information for the connection agreement object in need;
h) safety protection system according to the rules;
I) ensures stable maintenance of drainage services according to regulations;

k) report periodically under the provisions to the owner and the State administration of the local drainage and Central;
l) compensation when harm the operators in accordance with the law;
m) other obligations prescribed by law.
Article 60. The rights and obligations of the person using the service 1. Water drainage service users have 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 rule of law;
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. service users have the following obligations: a) the sewer fee payment in full, on time;
b waste water Discharge into the system) regulations, regulation 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 VIII INSPECTION, test and HANDLE breach of article 61. Inspection, test 1. Construction inspectors perform specialized inspections functions and urban drainage industry.
2. specialized environmental inspectors perform specialized inspection functions on protection of the environment in the drainage operations.
3. content: Inspector, examine the observance of the provisions of the law on water drainage; detect, prevent, handle according to the authorities and competent bodies recommendations handle the violation of the law on water drainage; propose measures to ensure enforcement of the law on water drainage and environmental protection.
4. The inspection of drainage activities conducted under the provisions of the law on the Ombudsman.
Article 62. Complaints, report 1. The Organization, individuals have the right to complain, report violations of the law during the operation.
2. The resolution of complaints, accusations violate law in drainage activities conducted under the provisions of the law on complaints and denunciation.
3. During the time of the complaint, report or sue, organizations, individuals must still execute administrative decisions of State administration competent for drainage. When a decision is made to resolve the complaint, report on the operation of water drainage state management bodies have the authority or the Court's decision was in effect shall enforce according to the decision, that judgment.
Article 63. Handle violation 1. The Organization, the individual has the responsibility to detect, prevent and propose timely law violations in water drainage activities.
2. organizations and individuals violating the acts prohibited in the drainage works specified in article 11 of this Decree shall, depending on the nature and extent of the violation which dealt with administratively or prejudice criminal liability under the law.
3. where the law violations in water drainage activities cause damage to the interests of the State, the legitimate rights and interests of organizations and individuals who object to infringement damages.
Chapter IX TERMS of ENFORCEMENT of Article 64. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 65. 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 people's Committee of the province, central cities and organizations, individuals responsible for the implementation of this Decree.