Chương III Nghị định 80/2014/NĐ-CP: Quản lý, vận hành hệ thống thoát nước

Chapter III

MANAGEMENT AND OPERATION OF DRAINAGE SYSTEM

Article 17. Selection of drainage unit

1. With regard to the drainage systems of urban areas and rural residential areas which are invested by the State budget, the selection of drainage unit must comply with the regulations on public service provision.

2. An organization constructing a new urban area or an industrial zone shall manage and operate the drainage system in which it is invested until it is transferred to the provincial People’s Committee according to the regulation.

3. A drainage unit must have adequate personnel, equipment and means for managing and operating the rainwater and wastewater drainage system.

4. The owner of a drainage system shall select a drainage unit in the same administrative division.

Article 18. Rights and Obligations of drainage units

1. A drainage unit has the following rights:

a) Run business in accordance with the regulations, collect payment for drainage service price in compliance with the clauses of the signed operation contract;

b) Request competent State agencies to consider amending legislative documents, technical standards and/or economic and technical norms related to the drainage and treatment of wastewater;

c) Offer opinions with regard to making drainage planning for the administrative division.

d) Receive compensation from causers according to the regulations of the Law;

e) Have other rights in accordance with the regulations of the Law.

2. A drainage unit has the following obligations:

a) Manage the assets invested by the owner of the drainage system in compliance with the clauses of the signed operation contract.

b) Make and follow a procedure for managing and operating the drainage system;

c) Solve problems and recover the drainage and treatment of wastewater;

d) Create a database for managing discharging entities connected to the drainage system under its management; collect payment for drainage service according to the regulations directly or in cooperation with a water supplier;

dd) Comply the regulations on environmental protection;

e) Provide information on connection agreements on request;

g) Ensure the safety and efficiency of the management and operation the system according to the regulations.

h) Ensure the stable operation of the drainage service provision according to the regulations;

i) Periodically report the drainage in the administrative division to the owner and State management agencies;

k) Pay compensation for any damage caused by the unit to users according to the regulations of the Law;

l) Discharge other obligations in accordance with the regulations of the Law.

Article 19. An operation contract

1. An operation contract is a legal agreement signed by the owner and the unit appointed to manage and operate the system.

2. Contents of an operation contract:

a) The subjects of the contract;

b) The objects of the contract;

c) List of assets (and value thereof) to be transferred to the unit by the owner;

d) Scope and Works;

dd) Documents of the network of works of the drainage system, the procedure for management and operation of the drainage system and technical requirements;

e) Service standards;

g) Contract value; contract value adjustment;

h) Payments and payment method;

i) Rights and obligations of the parties.

3. Validity period of an operation contract:

An operation contract is valid for 05 years at least and 10 years at most. If the parties want to extend the contract, at least 01 years prior to the expiry date of the contract, the parties shall negotiate and sign the extension operation contract.

4. The operation contract shall be terminated in the following cases:

a) Either party breaches the contract;

b) The contract expires and neither party wishes to extend it;

c) Force majeure events or other events prescribed in the contract occur;

d) Other cases in which the contract is terminated prescribed by applicable regulations of law.

5. Inspection and payment under an operation contract:

a) The operation contract shall be paid for periodically in compliance with the clauses in the contract;

b) The payment method shall comply with the clauses in the contract

c) If the payment is made after 15 days from the contractual deadline, the drainage unit shall receive an interest on the overdue payment at the highest rate announced by the bank at which the demand account is opened.

d) The owner of the system is responsible for inspecting and paying the drainage unit in accordance with the clauses in the operation contract;

dd) The payment for the operation contract shall be collected from the drainage service charges, annual budget of the owner of the system, and other sources;

6. Transfer of the operation contract:

The drainage unit may transfer part of or all of its rights and obligations in the operation contract to a third party with the approval of the owner of the system.

7. The Ministry of Construction shall issue a sample operation contract.

Article 20. Management of rainwater drainage systems and use of rainwater

1. The management of rainwater drainage system:

a) The management of drainage of rainwater is managing the works i.e. catch basins, sewers, main drainage channels, detention basins, pump stations, control gates, tidal dam (if any) and discharge outlet;

b) The networks of sewers, channels, manholes must be dredged, repaired and maintained periodically for ensuring the design flow. Manhole covers and rainwater inlet & outlet must be regularly maintained. The sewers and other works in the drainage network must be periodically checked and timely planned for reparation;

c) A procedure for managing the rainwater drainage system must be made in order to satisfy the technical requirements for management and operation according to the regulations.

d) Plans for the development of the drainage network at various drainage areas should be made.

2. Regulations on the use of rainwater:

a) The use of rainwater is encouraged in order to contribute to flooding reduction, save water resources and minimize the extraction of groundwater and surface waters.

b) The entities investing in equipment and technology of treatment and use of rainwater shall be granted preferential loans and other incentives prescribed by Law;

c) The rainwater used for various purposes must comply with technical regulations and standards applied to water quality.

Article 21. The management of detention basins

1. The management of detention basins in drainage system is in order to store rainwater in cooperation with creating ecological landscape for activities of leisure, aquaculture and/or tourism.

2. The use of detention basins for activities of leisure, aquaculture, tourism and/or other services must be approved by competent authorities; the construction and use of detention basins must be supervised according to the regulations of the Law;

3. The discharge of wastewater generated from manufacture, commerce, domestic activities or other activities into detention basins must be strictly controlled according to the regulations.

4. A stable level of the water in detention basins shall be maintained in order to ensure the rainwater control.

5. The basins must be periodically dredged, cleaned the water and the sides

6. A procedure for management and regulations on using detention basins must be made.

Article 22. Management and operation of a wastewater drainage system

1. The management and operation of a wastewater drainage system which includes wastewater treatment plants, pump stations, pressure sewer system, junctions, connection points, sewer networks for collecting and carrying wastewater to wastewater treatment plants, discharge points etc. must comply with the approved procedure for management and operation of the system

2. The management and operation of a wastewater drainage system:

a) Periodically check the quality of the junctions and other works on the sewer network; the tightness and sludge at the connection points, manholes and sewer network in order to ensure the stable operation of the system. Propose plans for reparation, replacement, dredge, maintenance and development of the drainage system;

e) Periodically check the quality of the wastewater in the drainage system in compliance with the regulations on environmental protection;

c) Make a procedure for management and operation of the drainage system in order to meet technical requirements according to the regulations;

d) Propose plans for the development of the drainage network at various drainage areas.

3. If the drainage system is a combined drainage system, the management and operation of the system shall comply with Article 20 and Clause 1 of this Article.

Article 23. Regulations on the separate wastewater treatment;

1. The solution of separate wastewater treatment is applied for residential areas, new urban areas, households, handicraft enterprises, villages, markets, schools, resorts or the areas restricted by land and/or topography etc. which cannot connect to the drainage system.

2. The appliance of separate wastewater treatment must ensure the economic efficiency, environmental protection, limitation of pollution sources and minimization of direct impacts of wastewater on the environment.

3. When deciding on the separate wastewater treatment, the possibility of connecting to the drainage system in future and the conformity with the planning approved by competent authorities must be taken into consideration.

4. The Ministry of Construction shall provide guidance on the separated wastewater treatment;

Article 24. Management and use of treated wastewater

1. The use of treated wastewater:

a) The quality of treated wastewater must comply with technical regulations and standards that are suitable for each purpose and environmental hygiene, safe for human health.

b) The treated wastewater for use must be distributed to consumption points of a separate system, must enter or affect the clean water supply in the administrative division and/or the area.

2. The Ministry of Natural Resources and Environment shall take charge and cooperate with relevant Ministries and agencies to promulgate technical regulations and standards on using treated wastewater.

Article 25. Management of waste sludge

1. Waste sludge must be classified in order to manage and select suitable technologies that reduce the costs of transportation and treatment, facilitate the management and operation of the burial sites.

2. Waste sludge is classified as follows:

a) According to origin: waste sludge generated from drainage systems (sewer network and wastewater treatment plants) and waste sludge generated in septic tanks;

b) According to pollution standard of each waste sludge;

c) According to hazardous standard of waste sludge generated in wastewater treatment process and according to other relevant regulations.

3. Criteria for the selection of technology of waste sludge treatment:

a) Centralized, decentralized or on-site treatment;

b) The volume of waste sludge generated;

c) The characteristics of waste sludge;

d) The stability of the technology;

dd) The requirements for environmental protection; economic and technical efficiency;

e) The requirements for operation and maintenance;

g) Preference of technologies which is environmentally friendly, energy saving and used for recycling waste sludge and heat recovery.

4. Collection, carry and treatment of waste sludge in drainage systems:

a) Waste sludge shall be collected, stored and carried to the planned treatment points or the locations approved by competent agencies for treatment in order to ensure the environmental hygiene; untreated waste sludge are prohibited to discharge into the environment. If a waste sludge contains hazardous elements, it must be managed according to the regulations on managing hazardous wastes;

b) The treatment and reuse of waste sludge must comply with the regulations on management and use of waste sludge promulgated by competent State agencies and other regulations on environmental protection;

c) When investing in constructing wastewater treatment plant, a suitable solution for collecting and treating waste sludge must be decided.

5. Pump, carry and treatment of waste sludge in septic tanks:

a) Waste sludge generated from households, offices, manufacture factories must be pumped out periodically;

b) The pump and carry waste sludge in septic tanks must be carried out by specialized equipment in order to meet the requirements for technique and environmental protection;

a) Waste sludge in septic tanks shall be collected, stored and carried to the locations approved by competent agencies for treatment. Waste sludge in septic tank is prohibited to directly discharge into drainage system and the environment;

d) Treating and recycling waste sludge must comply with the regulations on environmental protection;

dd) The cost of pump, carry and treatment of waste sludge in septic tanks shall be paid by households, offices and manufacture factories in compliance with the clauses in the contracts signed with the service providers.

6. The Ministry of Construction shall provide guidance on calculating and managing the costs of collection, carry and treatment of waste sludge in drainage systems and septic tanks:

Article 26. Management of discharge points

1. The discharge of wastewater into receiving waters must comply with the regulations of the Law on environmental protection, water resource protection, exploit and protection of irrigation structures and other relevant Law provisions.

2. The design and construction of discharge points must ensure no reverse penetration from the receiving waters and avoid impacts of urban flooding.

3. The discharge of wastewater into the receiving waters must be managed for each drainage area. Provincial People’s Committees shall regulate the decentralization and management of discharge points; supervise the quality of the wastewater in the drainage system and from discharging entities who discharge directly into receiving waters within the administrative division; cooperate with the authorities of related divisions to manage the discharge points and the quality of the wastewater to be discharged into receiving waters within the discharge area according to the regulations of the Law on water resources, environmental protection and other relevant Law provisions.

Article 27. Contracts for drainage service provision

1. A contract for drainage service provision is a legal agreement signed by the drainage unit and the discharging entity (except households) discharging wastewater into the drainage system.

2. Contents of a contract for drainage service provision

a) The subjects of the contract;

b) Connection points;

c) Volume and quality of wastewater to be discharged into the system;

d) service quality

dd) Rights and obligations of the parties.

e) Price of drainage service and payment method;

g) Penalties for violating the contract;

h) Other contents agreed by the parties.

3. The Ministry of Construction shall issue a template of the contract for drainage service provision.

Article 28. Suspension of drainage service provision

1. If a domestic household violates the regulations on drainage management, it shall be punished according the regulations of the Law. The drainage unit must not stop the drainage service provision in any case, except the cases regulated in the clauses in the operation contract.

2. If one of the other discharging entities violates the regulations on drainage, the drainage unit shall send a written notification of the violation and request the discharging entity to rectify. If the discharging entity does not comply, the drainage unit shall suspend the drainage service provision according to the clauses in the contract for drainage service provision and other relevant law provisions.

3. The drainage service provision shall be recovered after the discharging entity rectify the violation, compensate for any damage caused from the violation and fulfill other obligations according to the regulations.

4. In case the drainage service provision need to be temporarily stopped for reparation and upgrade the drainage system, the drainage unit must notify the relevant discharging entities about the reason and time of the temporary stop; at the same time, the drainage unit must provide a temporary drainage method in order not to cause impact on manufacture, business and domestic activities of the discharging entities and to minimize the environmental pollution.

Article 29. Rights and obligations of the entities using drainage service

1. The entities using drainage service have the following rights:

a) Receive drainage service according to regulations of the Law.

b) Request the drainage unit to repair any problem that arises;

c) Receive information on drainage activities;

d) Receive compensation for any damage caused by the drainage unit according to the clauses in the contract for drainage service provision;

dd) Report violations of the Law on drainage of the drainage unit or other relevant parties;

e) Have other rights in accordance with the regulations of the Law.

2. The entities using drainage service have the following obligations:

a) Pay sufficiently and punctually for the drainage service;

b) Discharge wastewater into the drainage in accordance with the technical regulations and standards of regulatory agencies.

c) Inform timely the drainage unit of any detected irregular phenomenon which may cause problem to the drainage system;

d) Connect the separate drainage systems of the entities to the common drainage system according to the connection agreement;

dd) Pay compensation for any caused damage to related parties according to the regulations of the Law;

e) Discharge other obligations in accordance with the regulations of the Law.

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