What are the cases of water supply service suspension, cessation in Vietnam?

What are the cases of water supply service suspension, cessation in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the cases of water supply service suspension, cessation in Vietnam? 

Specifically, Article 45 of Decree 117/2007/ND-CP stipulates the cases of suspension or discontinuation of water supply services as follows:

- 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 effected.

+ 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.

2. Water supply service contracts in Vietnam

Pursuant to Article 44 of Decree 117/2007/ND-CP stipulating the water supply service contracts 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.

3. Regulations on termination of water supply service contracts in Vietnam

According to Article 46 of Decree 117/2007/ND-CP on termination of water supply service contracts as follows:

- 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.

- Water supply service contracts will be restored or re-concluded after all disputes between the two parties have been settled.

4. Regulations on errors and damage compensation in Vietnam

Regulations on errors and damage compensation in water supply services in Article 47 of Decree 117/2007/ND-CP are as follows:

- 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.

- 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.

Ho Quoc Tuan

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