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to Laws & Regulations
This Section briefly outlines
the Government policy on the water supply sector and the most central
laws and decisions on organisation and management of the sector.
In the Decree of the President of the Lao PDR No. 126 of 2 November
1996, the Law on Water and Water Resources (Lao PDR 1996) was issued,
and became effective. The law sets the principles, regulations and
measures for management, exploitation, use, preservation and development
of water as a major natural resource in the country. The intention
of the law is to preserve water and sustainable water resources
to ensure sufficient quantity and quality to meet the people's requirements
and to promote agriculture, forestry, industry, and national economic
development as well securing environmental protection.
The Law states that the water resources are the property of the
national community, as represented by the State.
With regard to the use of water, the Law distinguishes between small
scale, medium scale and large-scale use. Small-scale use by individual
families does not require approval if there is no particular restrictions
on the water source. Other use will require approval, registration,
contract, feasibility study or environmental assessments as the
case may be. In a Decree issued by the Prime Minister, No. 09/PM
of 8 February 1999, the organisation, role and responsibility of
a Water Resources Co-ordination Committee (WRCC) were outlined,
giving WRCC the overall responsibility for co-ordination of water
resources planning, development and management in relation to the
Law.
There is a water sector policy statement outlining the Government
policies for financing, developing and managing the water supply
and wastewater management systems in Lao P.D.R. Under the powers
conferred to him by the National Assembly, the Prime Minister has
approved the National Water Supply Sector Policy as described in
the Decision No 37/PM (Page
1, Page 2, Pages
3-7) on Management and Development of the Water Supply Sector
(Lao PDR 1999), which are binding on all stakeholders within the
sector. The objectives of the policy statement are set out in terms
of sector administration, regulation, financing, cost recovery,
utility operation, urban and rural environmental hygiene activities,
community awareness and participation, human resources development,
sector development, private sector participation and water resources
protection (under the WRCC).
The policy states that the role of the central Government is to
facilitate and co-ordinate the development process for water supply
and wastewater management systems in urban and rural areas throughout
the country, including sector investment support. The Department
of Housing and Urban Planning (DHUP) shall, according to
the 37/PM, assist the Minister of MCTPC in: i) strategy development,
planning of staff training on planning and management, and iii)
studying regulations, standards, technical specifications and performance
indicators (in collaboration with WASA). WASA shall, according to
the same 37/PM carry out the functions of: i) assist the Minister
of MCTPC on technical issues, including redevelopment of the MCTPC
strategic plan on water supply and wastewater management systems,
ii) setting norms, regulations, technical standards and technique-economic
specifications, and iii) directing on behalf of MCTPC the management,
and monitoring of the implementation of the National Water Supply
Sector Policy.
The provincial governments are responsible for facilitation and
co-ordination of development activities within the province on behalf
of the central Government . Provincial Nam Papas (PNP) (including
Nam Papa Vientiane) are responsible for implementing and managing
all piped water supply systems in their respective provinces.
The PNPs shall operate on commercial principles in line with the
Government's policy on working toward full cost recovery for urban
water supply and centralised wastewater systems, with progressive
block rate tariff structures. Initially all PNPs are obliged to
meet all recurrent costs through the tariffs, and when possible,
also to generate surplus funds to cover depreciation of capital
costs in part or in full. The tariffs shall be set within the constraints
of affordability and willingness to pay, adopting a uniform province-wide
tariff system with possibilities for cross subsidising. In the short
to medium terms where commercial targets cannot be readily achieved,
the Government intends to support the PNPs with budgetary provisions.
The PNPs are also in principle responsible for all capital investments,
but the Government will assist as far as possible with grants from
budgetary resources on a case-by-case basis. MCTPC will facilitate
and co-ordinate donor funding into the sector. Technical support
will be provided through the provincial DCTPCs.
The Prime Minister will, in accordance with the 37/PM, establish
a Water Supply Authority's Regulatory Board (WSARB) with 9 members
with a Vice-Minister of MCTPC as Chairman, and Director of DHUP
as Vice Chairman. The Director of WASA will be the Secretary General
of the Secretariat of WSARB, which will consist of a number of staff
of WASA. The organization and activites of WASA are set out in the
Ministerial Decision No. 1728/MCTPC.
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