What are the cases of suspension or cessation of water supply services in Vietnam? Do water-using customers pay interest on the late-paid sums?
- What are the contents of water supply service contracts in Vietnam?
- What are the cases of suspension or cessation of water supply services in Vietnam?
- Do water-using customers pay interest on the late-paid sums?
- If the water supply unit makes an error in the water supply service, does it have to compensate for the damage?
What are the contents of water supply service contracts in Vietnam?
Pursuant to the provisions of Article 44 of Decree No. 117/2007/ND-CP stipulating water supply service contracts in Vietnam as follows:
- Water supply service contracts are legal documents concluded between water supply units and water-using customers.
- A water supply service contract has the following principal details:
+ The contracting subjects;
+ The use purpose;
+ The service standards and quality;
+ The rights and obligations of the contractual parties;
+ The water supply charges, payment mode and time limit;
+ Conditions for termination of contract;
+ Handling of contractual breaches;
+ Other contents agreed upon by the two parties.
- 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.
What are the cases of suspension or cessation of water supply services in Vietnam? Do water-using customers pay interest on the late-paid sums?
What are the cases of suspension or cessation of water supply services in Vietnam?
Pursuant to the provisions of Article 45 of Decree No. 117/2007/ND-CP stipulating the suspension or cessation of water supply services in the following cases:
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.
Water supply service cessation
- 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 affected.
- 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.
Do water-using customers pay interest on the late-paid sums?
Pursuant to the provisions of Article 48 of Decree No. 117/2007/ND-CP stipulating as follows:
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 interest 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.
According to the above regulations, water-using customers who pay water charges one month later than the deadlines stated in water supply service contracts shall pay interest on the late-paid sums to water supply units.
If the water supply unit makes an error in the water supply service, does it have to compensate for the damage?
Pursuant to the provisions of Article 47 of Decree No. 117/2007/ND-CP stipulating as follows:
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.
According to the above provisions, 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.
LawNet
