Quyết định 190/2004/QD-UB

DECISION

COLLECTION OF ENVIRONMENTAL PROTECTION FEE CHARGED FOR WASTEWATER IN HO CHI MINH CITY

PEOPLE’S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;

Pursuant to the Government’s Decree No. 67/2003 / ND-CP dated June 13, 2003 on environmental protection fee charged for wastewater;

Pursuant to the Ministry of Finance-the Ministry of Natural Resources and Environment ‘s Joint Circular No. 125/2003/TTLT-BTC-BTNMT dated December 18, 2003 providing guidance on the implementation of the Government’s Decree No. 67/2003/NĐ-CP on environmental protection fee charge for wastewater;

Pursuant to People's Committee of Ho Chi Minh city’s Decision No. 57/2001 / QD-UB dated July 5, 2001 promulgating the implementation Plan of program of prevention of flooding and water environmental treatment of Ho Chi Minh city, the period of 2001-2005;

Pursuant to Resolution No. 14/2004 / NQ-HĐ dated July 16, 2004 of People's Committee of Ho Chi Minh city, the 2nd Session - VII national Assembly on economic - society tasks in last 6 months of 2004;

At the request of the Director of the Service of Finance in Official Letter No. 3421 / TC-DTSC dated June 14, 2004; the proposal of the Director of the Service of Natural Resources and Environment in Official Letter No. 3918 / TNMT-CCMT dated June 28, 2004;

HEREBY DECIDES

Article 1. To collect the environmental protection fee charged for domestic wastewater and industrial wastewater in Ho Chi Minh city as follows:

Collection of environmental protection fee charged for domestic wastewater:

a- Entities required to pay fee: Wastewater discharged by households, units, and organizations shall be charged irrespective of whether it is purchased from clean water supply units or self-exploited and used by such households, units, and organizations in places where the clean water supply network has been set up, except for domestic wastewater of the following households:

- Households using domestic water in the areas where the Government gives them the subsidized price of water prescribed in People’s Committee of Ho Chi Minh City’s Decisions;

- Households in areas where the clean water supply system has not been available yet, namely the areas without water supply networks of the Water Supply Company of Ho Chi Minh city and underground water treatment-exploitation Company of Ho Chi Minh City, without clean water supply system of UNICEF program, program of rural domestic water and organizations manufacturing and selling clean water.

b- The rate of the environmental protection fee charged for domestic wastewater is 250 dong / m³ for households using domestic water within the norm of 4 m³ / person / month, 400 dong / m³ for remaining entities and household using domestic water exceeding the norm.

c- Fee collecting agency:

- Clean water supply units shall collect the environmental protection fee charged for domestic wastewater from payers, and concurrently collect the clean water consumption fee.

- The People’s Committees of communes, wards shall determine entities required to pay or exempted from paying fee and collect the fee paid by entities consuming their self-extracted water subject to paying fee.

Collection of environmental protection fee charged for industrial wastewater discharged from industrial manufacturing establishments, processing facilities of agricultural, forest, aquatic products in the city: entities required to pay fee, method of collecting, and fee level comply with the Joint Circular No. 125/2003 / TTLT-BTC-BTNMT dated December 18, 2003 of the Ministry of Finance and the Ministry of Natural Resources and Environment. Wastewater from treatment system of leachate in waste disposal field and from the public drainage system of which cost is covered by the city budget are not subject to environment protection fee charged for industrial wastewater.

Total amount received from environmental protection fee charged for wastewater shall be transferred to the accounts of environmental protection fee charged for wastewater in State Treasuries of Ho Chi Minh City of which account holder is the Service of Finance and shall be used for maintenance of drainage system, reimbursement a part of the principal and interest of ODA projects in environment sanitation, development of drainage system and environmental protection in Ho Chi Minh city ​​under the regulations.

Article 2. - Responsibilities of units:

The Service of Finance shall take charge and cooperate with the Service of Natural Resources and Environment to provide guidance on application and implementation the collection of environmental protection fee charged for domestic wastewater and industrial wastewater in Ho Chi Minh city for clean water supply enterprises, districts, wards, communes, production establishments, and households in the city in order to ensure that the collection of fee is uniform, convenient, reasonable and appropriate to the regulations.

The Department of Taxation of Ho Chi Minh City shall provide guidance on issuance and use of receipts if People’s Committees of wards, communes are assigned to collect the environmental protection fee charged for domestic wastewater.

The State Treasury of Ho Chi Minh City shall provide guidance on the procedures for opening impound account and the procedures for collection and payment of environmental protection fee charged for wastewater for fee collecting agency.

The People’s Committee of districts shall cooperate with the Service of Natural Resources and Environment to collect fee from entities required to pay environmental protection fee charged for industrial wastewater in the area.

The Management Board of processing and exporting Zones -industrial zones, the Management Board of Hi-Tech Zones shall cooperate with the Service of Natural Resources and Environment to collect fee from entities required to pay environmental protection fee charged for industrial wastewater of production establishments in processing and exporting Zones, industrial Zones.

The units which are assigned to collect fee shall be responsible for collection and transfer properly and fully the revenues specified in Article 1. The Department of Taxation of Ho Chi Minh city shall not impose tax on such revenues because they are not business revenues.

Clean water supply units are allowed to keep 1% of the total amount of environmental protection fee charged for wastewater that they received while People’s Committee of communes, wards are allowed to keep 15% of the total amount of environmental protection fee charged for wastewater that they received. Such amounts shall be used to cover the costs of collecting fee; the clean water supply units and the People's Committees of communes, wards must use such amount for right purposes with lawful vouchers according to regulations.

The amounts that units are allowed to be kept for use and the management of such amounts in case of collection of environmental protection fee charged industrial wastewater shall comply with the provisions of Joint Circular No. 125/2003 / TTLT BTC -BTNMT dated December 18, 2003 of the Ministry of Finance – the Ministry of Natural Resources and Environment and their implementation is guided by the Service of Finance- the Service of Natural Resources and Environment.

Article 3.  

- The collection of environmental protection fee charged for wastewater in Ho Chi Minh city takes effect from August 1, 2004, replacing the collection of sewage fee prescribed in the Decision No. 10/2001 / QD-UB dated February 09, 2001 and Decision No. 6152 / QD-UB dated September 25, 2001 of the People's Committee of Ho Chi Minh City.

- The Service of Finance and the Service of Natural Resources and Environment report to the Ministry of Finance, the Ministry of Natural Resources and Environment for specific guidance and provisions on the time of collection of environmental protection fee charged for industrial wastewater in Ho Chi Minh city.

Article 4. The Chief officers of People’s Council and People’s Committee of Ho Chi Minh city, the Director of the Service of Finance, the Director of the Service of Natural Resources and Environment, the Director of State Treasuries in Ho Chi Minh city, the Director of the Department of Taxation of Ho Chi Minh city, the heads of departments in Ho Chi Minh city, the presidents of People’s Committees of districts, wards, the Directors of clean water supply units, the Director of water supply company of Ho Chi Minh city and entities using water in the city shall be responsible for the implementation of this Decision./.