Vietnam: Which concentrated rural clean water supply works are owned by the State?

Currently, concentrated rural clean water supply works (hereinafter abbreviated to the works) include:

- The clean water supply works for rural residents are invested from state budget, originated from state budget, and formed state’s ownership.

- Works supply clean water for both of urban residents and rural residents invested from the capital sources of:

+ The national target program on rural clean water and environmental hygiene;

+ The program on supporting production land, resident land, houses and daily-life water for ethnic minorities with poor and difficult life (abbreviated to as Program 134);

+ The program on socio-economic development in special-difficult communes of ethnic minority areas and mountainous areas (abbreviated to as Program 135);

+ The national target program on new rural areas;

+ The national strategy on water resources.

According to Article 7 of Circular No. 54/2013/TT-BTC of the Ministry of Finance of Vietnam, cases of establishment of state ownership in respect to the works are as follows:

- The works invested from sources outside of state budget, not originated from state budget, and performed transfer to the state;

- Works invested under form of project contract upon expiring contract and performing transfer;

- The works formed from various sources but fail to identify owner or the works with unclear origin;

- Cases must establish state ownership as prescribed by law.

Besides, Circular No. 54/2013/TT-BTC stipulates that the provincial People’s Committees shall decide establishment of state ownership for:

- Works invested from sources outside of state budget, not originated from state budget, and performed transfer to the state; works invested under form of project contract upon expiring contract and performing transfer;

- Works formed from various sources but fail to identify owner or the works with unclear origin; cases must establish state ownership as prescribed by law under the management of the provincial People’s Committees.

Orders of and procedures for establishment of state ownership for the works are as follows:

Step 1: Agencies, organizations, units, individuals having the works (for works under case specified in points a, b and d Clause 1 Article 7 of this Circular), the provincial Department of Agriculture and Rural Development (for works under cases specified in point c Clause 1 Article 7 of this Circular) will compile dossier to request for establishment of state ownership, send it to the provincial Finance Departments. A dossier includes:

- Written request for establishment of state ownership;

- Documents related to the works requested for establishment of state ownership.

Step 2: Within 30 days, after receiving full and valid dossier, the provincial Finance Departments shall assume the prime responsibility for, and coordinate with relevant units to determine value and actual operational status of the works, submit to the provincial People’s Committees.

Step 3: Within 10 days, after receiving dossier submitted by the provincial Finance Department, the provincial People’s Committees shall issue decision on establishment of state ownership. A decision includes the following principal contents:

- The works established state ownership;

- Value of the works established state ownership;

- Responsibility of the implementation organization.

View more details at the Circular No. 54/2013/TT-BTC of the Ministry of Finance of Vietnam, effective from July 01, 2013.

Thu Ba

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