What is irrigation service in Vietnam? What are the contents of contracts for supply of irrigation products or services in Vietnam?
What is irrigation service in Vietnam?
Pursuant to the provisions of Article 29 of the 2017 Law on Irrigation in Vietnam stipulating as follows:
Irrigation service activities
1. Irrigation service refers to provision and use of irrigation products and services between organizations or individuals supplying irrigation products or services and those obtaining permission for consumption of irrigation products or services.
2. Participants in irrigation service activities are managers of irrigation projects; organizations or individuals obtaining permission for exploitation and utilization of irrigation projects; grassroots-level irrigation institutions; organizations or individuals obtaining permission for use of irrigation products or services.
3. Supply and consumption of irrigation products or services shall take the following forms:
a) An agreement is entered into between organizations or individuals supplying irrigation products or services and those consuming irrigation products or services;
b) Grassroots-level irrigation institutions directly supply irrigation products or services to meet demands of their members or other organizations or individuals.
According to the above regulations, irrigation service refers to provision and use of irrigation products and services between organizations or individuals supplying irrigation products or services and those obtaining permission for consumption of irrigation products or services.
At the same time, participants in irrigation service activities are:
- Managers of irrigation projects;
- Organizations or individuals obtaining permission for exploitation and utilization of irrigation projects;
- Grassroots-level irrigation institutions;
- Organizations or individuals obtaining permission for use of irrigation products or services.
What is irrigation service in Vietnam? What are the contents of contracts for supply of irrigation products or services in Vietnam? (Image from the Internet)
What are irrigation products or services in Vietnam?
According to the provisions of Article 30 of the 2017 Law on Irrigation in Vietnam, irrigation products or services include:
Irrigation products or services shall include public irrigation products or utilities and other products or services.
Public irrigation products or utilities shall include the following activities:
+ Crop irrigation and supply of water for the salt, aquaculture and livestock production industry;
+ Drainage of water for agricultural production, rural and metropolitan areas, except for urban areas;
+ Flood proofing, escape and prevention, high tide control, saltwater intrusion prevention, saltwater pushback, water desalinization, counter-acidification and freshwater protection.
Other irrigation products or services shall include the following activities:
+ Supply of water for domestic and industrial consumption purposes;
+ Drainage of water for industrial parks, export processing zones, economic zones and high technology parks;
+ Electricity generation;
+ Business, tourism and other recreational and entertainment activities;
+ Reservoir aquaculture;
+ Transportation.
What are the contents of contracts for supply of irrigation products or services in Vietnam?
Pursuant to the provisions of Article 32 of the 2017 Law on Irrigation in Vietnam, the contract for supply of irrigation products or services refers to a fixed-term civil agreement expressed in writing, including the following main contents:
- Contracting parties;
- Purposes of irrigation products or services;
- Standards, quantity and quality of irrigation products and services;
- Rights and obligations of contracting parties;
- Duration, location and method of execution of contracts;
- Contract value, method and duration of payment;
- Contract termination terms and conditions;
- Liabilities for breach of contract;
- Methods of dispute resolution.
What are the regulations on valuing irrigation products or services in Vietnam?
Pursuant to the provisions of Article 34 of the 2017 Law on Irrigation in Vietnam, the rules and bases for valuing irrigation products or services are as follows:
Rules and bases for valuing irrigation products or services
1. The Government shall determine value of irrigation product or service.
2. Valuation of irrigation product or service shall be carried out in accordance with price laws and the following provisions:
a) Price of irrigation product or service shall be composed of operation and maintenance cost, amortization cost, other reasonable actual costs and profit relevant to the market price. Over periods of time, depending on socio-economic situations, the Minister of Finance shall decide the amortization cost charged for state-funded irrigation projects;
b) Price of irrigation product or service shall be adjusted promptly when factors in price formation are changed.
3. Bases for valuation of irrigation products or services shall include:
a) Cost and quality of irrigation product or service; profit level; schedule of adjustment in price of irrigation product or service approved by competent regulatory authorities;
b) Capability of making payment by irrigation product or service consumers;
c) Capability of supplying irrigation products or services;
d) Features and types of irrigation project;
dd) Socio-economic norms for management, operation, maintenance and investment in development of irrigation projects, adopted by competent regulatory authorities.
According to the above provisions, valuation of irrigation product or service shall be carried out in accordance with price laws and the following provisions:
- Price of irrigation product or service shall be composed of operation and maintenance cost, amortization cost, other reasonable actual costs and profit relevant to the market price.
Over periods of time, depending on socio-economic situations, the Minister of Finance shall decide the amortization cost charged for state-funded irrigation projects;
- Price of irrigation product or service shall be adjusted promptly when factors in price formation are changed.
LawNet
