Nghị định 98/2019/NĐ-CP sửa đổi nghị định thuộc lĩnh vực hạ tầng kỹ thuật

DECREE

AMENDMENTS TO DECREES CONCERNING TECHNICAL INFRASTRUCTURES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Urban and Rural Planning dated June 17, 2009; 

Pursuant to the Law on Construction dated June 18, 2014; 

Pursuant to the Law on Planning dated November 24, 2017; 

Pursuant to the Law on amendments to the articles of 37 Laws concerning planning dated November 20, 2018;

At the request of the Minister of Construction of Vietnam;

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Article 1. Amendments to Decree No. 117/2007/ND-CP dated July 11, 2007 of the Government of Vietnam:

1. Amendments to Article 12:

“Article 12. Water supply planning subjects

1. The content of water supply planning shall be determined in the regional planning, provincial planning, construction planning, and urban and rural system planning.

2. Urban water supply planning shall be formulated as a separate planning project for centrally affiliated cities.”

2. Amendments to Clause 1 Article 23:

“1. Strategies for socio-economic development, national defense and security, planning under the national planning system, and any approved specialized or technical planning, if any.”

3. Amendments to Article 26:

“Article 26. Formulation responsibility, time, and authority to appraise and approve urban water supply planning objectives and projects

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2. Authority to appraise and approver urban water supply planning objectives and projects:

a) The People’s Committees of centrally affiliated cities that are special-type urban areas shall present the urban water supply planning objectives and projects to the Ministry of Construction of Vietnam for appraisal and to the Prime Minister of Vietnam for approval.

b) The urban planning management authorities of centrally affiliated cities shall appraise and present the water supply planning objectives and projects to the People’s Committees of centrally affiliated cities for approval, excluding regulations prescribed in Point a Clause 2 of this Article.  The People’s Committees of centrally affiliated cities must obtain the Ministry of Construction of Vietnam’s consensus before approving the planning objectives and projects.

3. The time for appraising urban water supply planning objectives and projects shall be no more than 20 working days, and the time for approving urban water supply planning objectives and projects shall be no more than 15 days from the adequate receipt of valid dossiers as per regulation."

4. Amendments to Point a Clause 1 Article 28:

“a) Upon adjustments to strategies for socio-economic development, national defense and security, planning under the national planning system, and specialized or technical planning.”

5. Amendments to Clause 2, Clause 3, and Point a Clause 6 Article 29:

a) Amendments to Clause 2:

“2. For areas with organizations and individuals providing water supply services, such organizations and individuals may continue providing water supply services in such areas.”

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“3. For areas without water suppliers providing water supply services or areas requiring changes to the water suppliers due to failure to meet the requirements for service quality and plans for water supply development, the selection of water suppliers for investment in the development of water supply systems and clean water business in the areas shall comply with bidding laws and specific local conditions.”

c) Amendments to Point a Clause 6:

“a) Provincial People’s Committees or authorities delegated by the provincial People’s Committees (hereinafter referred to as “People’s Committees”) shall select water suppliers with the participation of local authorities in the water supply areas;”

6. Amendments to Article 35:

“Article 35. Investment phasing and investment scale determination

Investment phasing and determination of the investment scale of water supply facilities must conform with actual demand and anticipate strategies for socio-economic development, national defense, security, planning under the national planning, and specialized or technical planning within no more than 5 years from the expected date of putting the facilities into utilization and use to ensure investment effectiveness.”

7. Section 2 Chapter II and Articles 14, 15, 16, 17, 18, 19, and 20 are annulled.

8. “quy hoạch khai thác tài nguyên nước” (planning for water resource extraction) is replaced with “quy hoạch tài nguyên nước” (water resource planning) in Clause 3 and Clause 4 Article 5. 

Article 2. Amendments to Article 1 of Decree No. 124/2011/ND-CP dated December 28, 2011 of the Government of Vietnam:

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2. “giai đoạn” (phase) is replaced with “thời hạn” (time limit) in Clause 4.

Article 3. Amendments to Decree No. 23/2016/ND-CP dated April 5, 2016 of the Government of Vietnam:

1. Amendments to Clause 1 Article 20:

“1. Crematoriums must be constructed in conformity with the urban and rural system planning, provincial planning, construction planning, relevant sector planning, and detailed planning for crematorium construction approved by competent authorities.”

2. Amendments to Clause 1 Article 25:

“1. The cost of formulating, appraising, approving, and implementing detailed planning for the construction of cemeteries and crematoriums shall comply with planning laws, construction laws, and urban planning laws.”  

3. Clause 13 Article 2 and Article 7 are annulled.

4. “quy hoạch nghĩa trang vùng tỉnh” (provincial cemetery planning) is replaced with “quy hoạch hệ thống đô thị và nông thôn, quy hoạch tỉnh, quy hoạch xây dựng hoặc quy hoạch ngành có liên quan” (urban and rural system planning, provincial planning, construction planning, or relevant sector planning) in Point b Clause 3 Article 8, Clause 1 Article 9, Clause 1 and Point a Clause 2 Article 10, Clause 1 Article 11, Point a Clause 1 Article 12, and Clause 1 Article 14.

Article 4. Amendments to Decree No. 80/2014/ND-CP dated August 6, 2014 of the Government of Vietnam

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“1. Regarding centrally affiliated cities, drainage planning refers to technical infrastructure planning, formulated as a separate project to concretize the drainage planning within the master urban planning approved by the competent authorities. Urban drainage planning objectives must specify the following contents: scope, boundary; technical-economic targets of the applied technical regulations; determination of drainage basins and drainage zones; receiving sources, forecast of total wastewater volume, networks, and location and scale of drainage facilities.”

Article 5. Implementation provisions

1. This Decree comes into force as of February 15, 2020.

2. Transitional provisions:

a) Provincial and inter-provincial specialized planning for technical infrastructures approved before January 1, 2019 shall continue to be implemented until the end of the planning period; where the contents of such planning are not conformable with the Law on Planning 2017, they must be adjusted under this Law;

b) Provincial and inter-provincial specialized planning for technical infrastructures decided or approved before January 1, 2019 may be adjusted during implementation according to relevant laws before the effective date of the Law on Planning to meet the requirements for socio-economic development until national planning, regional planning, and provincial planning under the Law on Planning are decided or approved.

3. Decree No. 59/2007/ND-CP dated April 9, 2007 of the Government of Vietnam is annulled.

4. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, and relevant organizations and individuals shall implement this Decree./.

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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Xuan Phuc