Chapter IV
CONNECTIONS AND WATER SUPPLY SERVICE CONTRACTS
Section 1. CONNECTIONS
Article 39. Connection points
1. Water supply units must establish points of connection to water supply networks for water-using customers; the connection points must be situated close to the land use boundary markers or the foot of fence wall of customers works when conditions permit.
2. Where water-using customers stay far away from distribution pipelines and outside the service areas of water supply units, the two parties must reach agreement in order to ensure the business interests of the water supply units.
Article 40. Service quality at connection points
1. The service quality at connection points with regard to clean water used for the purpose of daily-life activities covers the water quality, pressure, flow and continuity of services, which must be compatible with the technical standards promulgated by competent state bodies.
2. The service quality at connection points with regard to clean water used for other purposes shall be agreed upon between water supply units and their customers.
Article 41. Water meter installation points
1. Water meter installation points can be located before, at or behind the customers points of connection to water supply networks, ensuring convenience for the installation, management, figure reading and protection of water meters.
2. The water meter installation points are agreed upon between water supply units and their customers.
Article 42. Connection agreements
1. Water-using customers staying within the service areas of water supply units are entitled to the connection to such units networks, except for the cases specified in Article 43 of this Decree.
2. Water-using customers being households, that have agreed to connect to water supply networks of water supply units but do not use water or use water less than 4m3/household/month are obliged to pay, and the water supply units are entitled to collect, water supply charges according to the prescribed minimum water-using volume of 4m3/household/month, except for cases of suspension of water supply services specified at Point 1, Article 45 of this Decree. The provisions on the minimum water using volume must be notified to households in the course of consulting and gathering opinions of communities and stated in water supply service contracts concluded between water supply units and households.
3. Water supply units have the responsibility for comprehensive investment up to the points of connection with customers, including water meters. Where water meters are installed behind the identified connection points, the expenses for supply and installation from the connection points to the water meter installation points are paid by water-using customers after reaching agreement with water supply units.
4. Water-using customers are allowed to install and responsible for water supply equipment behind the connection points and behind water meters. Such equipment must be designed and installed in compatibility with equipment of water supply units, ensuring safety and causing no risks to the equipment of water supply units.
5. Water-using customers with connections to water supply networks of water supply units permit representatives of such units to inspect the types, conditions and operation of the equipment, which have been or will be installed into water supply networks of the water supply units. The inspection must be conducted in a way, which causes less inconvenience for water-using customers.
6. The design, installation, maintenance, use and inspection of customers equipment connected to water supply units networks must comply with the technical standards and norms as well as the terms of water supply service contracts.
Article 43. Connection exemption
Connection to water supply networks will be exempt in the following cases:
1. It may cause irrational expense burdens for customers due to the minimum water use demand or other special reasons.
2. The connection is exempt for works with available internal water supply systems where the exploitation and use of water resources and the quality of supplied water comply with provisions of law. The exemption is valid until such water supply systems fail to comply with legal provisions on exploitation and use of water resources and quality of supplied water.
Section 2. WATER SUPPLY SERVICE CONTRACTS
Article 44. Water supply service contracts
1. Water supply service contracts are legal documents concluded between water supply units and water-using customers.
2. A water supply service contract has the following principal details:
a/ The contracting subjects;
b/ The use purpose;
c/ The service standards and quality;
d/ The rights and obligations of the contractual parties;
dd/ The water supply charges, payment mode and time limit;
e/ Conditions for termination of contract;
g/ Handling of contractual breaches;
h/ Other contents agreed upon by the two parties.
3. Water supply service contracts between water supply wholesalers and water supply retailers must be considered and approved in writing by the Peoples Committees that have concluded water supply service provision agreements with water supply retailers.
Article 45. Water supply service suspension, cessation
1. Water supply service suspension
Water supply units shall suspend water supply services if it is so requested by water-using customers for such plausible reasons as absence, suspension of production and business for given periods of time but not terminate water supply service contracts.
2. Water supply service cessation
a/ For water-using customers being households using water for daily-life activities:
Five weeks after they send notices to water-using customers on the water supply service cessation, water supply units may cease the provision of water supply services from the connection points if customers fail to pay water charges, breach the terms of water supply service contracts;
Ten weeks after the issuance of notices on water supply service cessation, if water-using customers fail to fulfill their payment obligations for objective reasons already notified in advance to water supply units, the water supply service cessation will be effected.
b/ For other water users:
Fifteen working days after the issuance of water supply service cessation notices to water-using customers, water supply units may cease the provision of water supply services from the connection points if water-using customers fail to pay water charges, breach the terms of water supply service contracts.
Article 46. Termination of contracts
1. Either contractual party may terminate water supply service contracts when the other party fails to strictly comply with the contractual terms or customers have no demands for water use.
2. Water supply service contracts will be restored or re-concluded after all disputes between the two parties have been settled.
Article 47. Errors and damage compensation
1. Errors in water supply services are committed when the water quality, the water supply modes or the services of water supply units fail to satisfy the terms of water supply service contracts.
2. Water supply units shall pay compensation for damage caused to water-using customers due to their errors in the course of providing services at variance with the terms of water supply service contracts. Water-using customers complaints must be addressed to water supply units within 10 days after the detection of errors. Water supply units shall consider and settle complaints within 15 days after the receipt of water-using customers complaints.
Article 48. Water charge payment
1. Water-using customers shall pay in full and on time the water charge amounts stated in bills to water supply units. The payment modes, forms and venues are agreed upon by the two parties in water supply service contracts.
2. Water-using customers who pay water charges one month later than the deadlines stated in water supply service contracts shall pay interests on the late-paid sums to water supply units.
3. Water supply units that collect excessive water charges shall return the excessive amounts to water-using customers, including the interests on the excessively collected amounts if the money return is made one month after the time the water charges are collected in excess.
4. The interests on late-paid amounts or excessively collected sums are agreed upon by the parties in service contracts but must not exceed the highest lending interests of the banks where water supply units opened their accounts as stated in the water supply service contracts at the time of payment.
5. Water-using customers may request water supply units to re-examine the payable water charges. Upon receipt of customers requests, water supply units shall settle them within 15 working days. If disagreeing with the settlement by water supply units, water-using customers may request competent agencies or organizations to organize the conciliation. In case of non-request for conciliation or failed conciliation, water-using customers may initiate lawsuits at court according to provisions of law on civil procedures. Pending the settlement, water-using customers shall still pay water charges and water supply units must not stop providing water supply services.
Article 49. Water measurement
1. Water supply units shall invest in and install all water-measuring equipment and other support facilities, unless otherwise agreed upon by the parties.
2. Water-measuring equipment must be compatible with Vietnamese standards and be checked and sealed by measurement state management bodies.
3. Water supply units shall organize the periodical recording of correct figures indicated by water meters and notify them to water-using customers, who may inspect and supervise the recording of water meters figures by water supply units.
4. Water-using customers shall protect water meters installed in areas under their respective management and promptly notify water supply units of the meter loss or damage upon the detection thereof. Water supply units shall protect water meters installed outside areas managed by water-using customers.
Article 50. Examination of water-measuring equipment
1. Only competent or authorized organizations defined by measurement state management bodies can examine water-measuring equipment.
2. Water supply units shall organize the examination of water-measuring equipment according to the requirements and time limits set by measurement state management bodies.
3. When doubting that water-measuring equipment are inaccurate, water-using customers may request water supply units to check them. Within 5 working days after the receipt of customers requests, water supply units must examine and complete the repair or replacement of water-measuring equipment. If disagreeing with the results of examination, repair or replacement by water supply units, water-using customers may request local water supply state management bodies to organize independent examinations. Within 15 working days after the receipt of customers requests, local water supply state management bodies shall organize the examination.
4. Expenses for examination of water-measuring equipment under the provisions of Clause 3 of this Article are paid as follows:
a/ If independent examination organizations determine that the water-measuring equipment operate in accordance with Vietnamese standards, water-using customers shall pay the examination charges;
b/ If independent examination organizations determine that the water-measuring equipment operate not in accordance with Vietnamese standards, water supply units shall pay the examination charges.
5. If independent examination organizations determine that the figures indicated by water meters exceed the actually used water volumes, the water supply units shall refund the excessively collected charge amounts to water-using customers.
Tìm kiếm
Nghị định 117/2007/NĐ-CP (Bản Word)