Chapter IV
MANAGEMENT AND OPERATION OF WATER DRAINAGE SYSTEMS
Article 27.- Selection of management and operation units
1. For areas where organizations or individuals are providing water drainage services, such organizations or individuals shall be appointed with priority to perform contracts on management and operation of water drainage systems in the areas.
2. For areas where water drainage units are not available, the selection of units for management and operation of water drainage systems complies with the provisions of law on bidding or new units shall be set up if the bidding fails.
3. A water drainage unit may be selected to manage one or many different water drainage basins and each water drainage basin will be assigned only to one water drainage unit for management and operation.
4. Competence to select units for management and operation of water drainage systems; Owners shall organize the selection of units for management and operation of water drainage systems in areas under their respective management.
Article 28.- Management and operation contracts
1. Management and operation contracts are legal documents concluded between owners and units assigned to manage and operate water drainage systems.
2. A management and operation contract covers the following principal contents:
a/ The contracting parties;
b/ The contacting objects;
c/ Scope and contents of jobs;
d/ Technical requirements;
e/ Contractual prices and principles for price adjustment;
f/ Payment and mode of payment;
g/ Obligations and rights of the involved parties.
Article 29.- Assignment of management and operation contracts
Water drainage units may assign part or whole of their obligations and rights in the management and operation contracts to a third party upon the agreement of water drainage work owners.
Article 30.- Determination of estimated prices of management and operation contracts
The estimated prices of management and operation contracts are determined for use as a basis for selection of management and operation units.
1. Principles for calculation of estimated contractual prices:
a/ The estimated contractual prices must be calculated accurately and fully with all elements of reasonable expenses for management and operation of water drainage systems in accordance with the management and operation standards and process promulgated or approved by competent state agencies;
b/ Harmonizing the interests of the State, the water drainage units and the communities.
2. Grounds for determination of estimated contractual prices:
a/ Scope and volume of work;
b/ Management and operation standards and process;
c/ Techno-economic norms promulgated by competent state agencies;
d/ Specific conditions of the localities.
3. Formulation, submission and approval of estimated contractual prices:
Water drainage work owners shall organize the formulation of estimated contractual prices (employing their attached professional bodies or hiring consultants) and submit them to competent authorities for approval.
4. Competence to approve estimated contractual prices:
a/ Provincial-level People’s Committees shall approve estimated contractual prices for water drainage works of cities, provincial towns under their respective management;
b/ District-level People’s Committees shall approve estimated contractual prices for water drainage works of districts under their respective management.
Article 31.- Prices of management and operation contracts
Prices of management and operation contracts are the prices agreed upon after negotiations between owners and the selected units managing and operating water drainage works and must not exceed the estimated prices approved by competent authorities.
Article 32.- Adjustment of management and operation contract prices
1. Management and operation contract prices are adjusted in the following cases:
a/ Investment is made in the expansion and upgrading of water drainage systems;
b/ There appear big market developments;
c/ There appear changes in the State’s policy mechanism.
2. Water drainage units shall formulate and submit to competent agencies for approval the adjustment of contractual prices after reaching agreement with water drainage work owners. Persons competent to approve estimated contractual prices will approve the adjustment of estimated contractual prices.
Article 33.- Contractual terms
A management and operation contract has a minimum term of 5 years and a maximum term of 10 years. Where the contracting parties wish to extend their contracts, at least one year before the termination of the contracts, they shall negotiate the extension of the management and operation contracts.
Article 34.- Termination of contract
A management and operation contract is terminated in the following cases:
1. One of the contracting parties breaches the terms committed in the contract.
2. When the contract expires but either party does not wish to extend the contract.
3. There appear force majeure circumstances or other reasons prescribed in the contracts.
Article 35.- Acceptance, payment under contracts
1. Management and operation contracts will receive periodical payments as agreed upon.
2. The payment mode is agreed upon by the two parties.
3. Where the payment is made 15 days later than the schedule agreed upon in the contract, the water drainage unit may enjoy the highest interest rate of the bank where transaction accounts are opened at the time of payment for the late paid sum;
4. Water drainage work owners shall organize the supervision, acceptance and payment for water drainage units under contract.
5. Management and operation contracts receive payment from the sources of collected water drainage charges, annual budget plans of water drainage work owners.
Article 36.- Contents of management of rain water drainage systems
1. The management of rain water drainage systems covers management of works from rain water-collecting gates, regional rain water-conducting culverts, main water drainage canals, rain water-regulating and anti-logging lakes, pump stations... tidal wave-preventing valves (if any) to points of discharge into the environment
2. Culverts, canals and soakage pits must be periodically dredged and maintained In order to ensure the designed flows. Soakage pit lids and rain water-collecting gates must be regularly checked and maintained. The quality of culverts and works within the networks must be periodically inspected and assessed to propose plans for replacement or repair.
3. Establishing a process of rain water drainage system management which satisfies the technical requirements of management and operation according to regulations.
4. Proposing plans on network development according to basins.
Article 37.- Contents of management of waste water drainage systems
1. The management of waste water drainage systems covers management of connection points, culverts collecting and conducting waste water to treatment plants and from treatment plants to points of discharge into the environment. Water drainage management covers:
a/ Periodically checking the tightness, sediments at connection points, soakage pits and culverts in order to work out plans for dredging, repairing and maintaining culverts and works in the networks.
b/ Periodically inspecting and assessing the quality of works, proposing measures to replace, repair water drainage networks and works in the networks
c/ Establishing a process of waste water drainage system management which satisfies the technical requirements of management and operation according to regulations;
d/ Proposing plans for development of networks according to basins.
2. In case of common water drainage networks, water drainage system management complies with the provisions of Article 36 and cause 1 of Article 37 of this Decree.
Article 38.- Contents of management of regulating lakes systems
1. Management of regulating lakes in water drainage systems aims to regulate rain water and concurrently create eco-environment beauty spots cum places for entertainment and recreation as well as aquaculture.
2. Controlling acts of discharging daily-life and industrial waste water in the process of production, business and service provision directly into regulating lakes.
3. Inspecting and supervising the exploitation and use of regulating lakes for other purposes (entertainment and recreation, aquaculture, tourism...), which are permitted by competent authorities, to see if they comply with regulations in order to ensure the functions of regulating rain water and environment.
4. Stabilizing the water levels of regulating lakes, well performing tile task of regulating rain water and meeting other requirements.
5. Periodically dredging lakes, cleaning lake beds and banks.
6. Formulating the management process and regulations on exploitation and use of regulating lakes.
Article 39.- Contents of management of key works
1. Operating pump stations, pressure pipelines, waste water treatment plants and points of discharge into the environment in compliance with the approved operation and maintenance process.
2. Periodically inspecting and assessing the quality of key works, ensuring the capability of continuous operation of the systems, proposing replacement and repair measures and development plans.
Article 40.- Property management
Water drainage units assigned to manage and operate water drainage systems shall manage the properties invested from owners’ capital sources:
1. Making lists of properties assigned for management.
2. Organizing the protection of properties assigned for management.
3. Periodically inspecting and assessing the quality of properties.
4. Formulating plans for work maintenance, replacement and procurement of equipment
Tìm kiếm
Nghị định 88/2007/NĐ-CP (Bản Word)