Decision No. 58/2008/QD-TTg on the state budget’s targeted support funds for some public-utility establishments to thoroughly tackle environmental pollution and reduce environmental degradation

OFFICIAL GAZETTE Issue nos 03-04lMay 2008 (COng Baa nos 263-264May 11, 2008) DECISION No. 5B12OO81QD-TTg OF APRIL 29, 2008, ON THE STATE BUDGET'S TARGETED SUPPORTFUNDS FORSOME PUBLIC-UTILITYESTABLISHMENTS TO THOROUGHLY TACKLE ENVIRON MENTAL POLLUTION AND REDUCE ENVIRONMENTALDEGRADATION TIlE PRIME MINISTER Pur.:;/Jtv'lt to the December 25. 2(1)l Law on Organization a/the Government; Pursuom to the November 29, 2005 Law on EnvilUnrruntal Protection; Pursuantto thePrimeMinisters DecisionNo. 6412003/f,JD-ITg ofApril 22, 2003. approving theplan fp thorvughly handle seriouslypoluaing establishments; At the proposal of the Minister of Natural Resoufn:..1lUuJ Envj,unment, DECIDES: Article 1.- Governing scope and subjects of application 1.ThisDecision prescribes the stale budget's targetedsupport funds forsomeseriouslypolluting publie-utillt} establishments(belowreferredto as establishments for short) to execute projects to thorougnJy 1:4CkIe CIJViWIJIllCnW pollution (below referred to as projects forshort). 2.The Decision'sprovisionsontargeted support funds apply to public-utility establishments named inA~s 1 and 2 to the Prime Minister's Decision No, 64I2OO3/QD-TTg afApril22, 2003, approving theplan to thoroughly handleseriously pollutingesillblishments,andothernewlye~ seriously polluting public-utility establishments which arc approved and have their pollution tackling measures decided by competent state agencies. including: a/ Plant protection drug warehouses; bJ Hospitals; ct Dumping sites; iJJ Sires conralrung cherrucal toxins used by the US during wartime; eI Urban daily-life wastewater treatment atntioua. Article2.- Supportconditions Establishments' projects tn thoroughly tackle environmental pollutiondefined inClause2,Article 1 of thisDecisionshall be consideredfor support whenfully meetingthe following conditions: L Having beenapproved by competent state agencies according to current provisions of law and included in annual budget plans. 2. Having no funds or rnsurrtciem tunes for execution. 3. Covering one of the following contents: destruction of plant protection drugs. which ha....c expired or are banned from circulation, or their containers; treatment or restoration of soil environment; treatment of pollution caused by residual chemical toxins used by the US during wartime; construction, renovation orupgrading of medical wastewater and solid waste treatment systems in nospttats; control or dumping-site pollution, treatment of dumping-site garbage or wastewater, closure or environmental restoration of dumping "it~.", renovation or upgrading of dumping sites; or treatment of utban daily-life wastewater. Article 3.- Support principles I.Thecentral budget will cover 100% offunds © VIETNAM LAW & LEGAL FORUM Issue nosO3-04IMay 2008 rCOOg Baa nos 26J.2641May 11. 2008) OFFICIAL GAZETTE ZI for projects managed by ministries, ministerial level agencies or government-attached agencies. 2.The local budget will cover 100% of funds for projects managed byPeople's Committees of provinces or centrally run cities. For provinces or centrally run cities which receive central budget allowances, the central budget will allocate targeted supportfunds equalto 50%oftotalfuods rfprojects to thoroughly tackle environmental pollution, end the local budget will cover theremaining 50%. 3. Funding sources shall be determined based on the nature and contents of <:fIl"L'ific P."q~n<:f'<: for each project. Article4.- Support capital sources 1. Central and local environmental non business funds. 2.Development investment capital. 3. UUA Joan. 4. Loans from credit institutions. 5. Aid capital. 6. Loans from the Vietnam Environmental Protection Fund, environmental protection funds of branches and local environmental protection funds. 7. Capital ofdomestic and foreign organizations and individuals. Article 5.- Approval of support funds 1.Annually, pursuant to the provisions of this Decision, establishments-managing agencies shall formulate projects to thoroughly tackle environmental pollution and submit them to competent authorities for approval according to the following regulations: aJ Provincial/municipal People's Committee presidents shall approve contents of projects and decide on specific levels orlocal budget'S support funds for locally managed projects; submit the projects together with proposals on the central budget's targeted support funds for localities to the Ministry of Natural Resources and Environment and the Ministry of Finance for synthesis; bl Ministers, heads of ministerial-level agencies or heads of government-attached agencies shall approve contents of f'rojects mencgcdby mmiotrica, ministerial-level egceciee or government-attached agencies; ~ubmit the projects together with proposals on the central budget's targeted support funds to the Ministry of Natural Resources and Environment and the Ministry ofFinance for synthesis; cl The Minister of Natural Resources and Environment shall propose specific levels of support funds for projects managed by ministries, ministerial-level agencies or government-attached agencies; levels of the !,;t:IIUaI. 1Juu~t1.·i:j uugered support funds for localities for locally managed projects; submit them to the Ministry dPianning and Investmentand the Ministry of Finance before July 1every year for synthesis and submission to thePrime Minister for consideration and decision in accordance with the State Budget Law. 2.A decision approving contents ofa project must indicate funding sources for the project execution, including funds of ministries or branches, ILM..:aI. [Wills; mecenrrat budgets targeted support funds to be allocated to localities (ifany). Article 6.· Management mechanism and implementation duration I. Management mechanism: a/The central budget's targeted support funds will be allocated to local budgets under annual plans (written in separate items); b1Themechanismformanaging the investment in and construction of works on treatmentofwastes © VIETNAM LAW & LEGAL FORUM 28 OFFICIAL GAZETTE Issue nosO3-04IMay 2008 (Gong 88o"os 263-264May 11, 2(08) of projects complies with the investment and construction management mechanism. 2. Implementation duration: from 2008 to 2012. Article 7.- Organization of implementation 1. The Ministry of Natural Resources and Environnent shall: aJ Assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Finance as well as concerned mtntstnes. branches and localities in, organizing the implementation of this Decision; hI Assume the prime responsibility for inspecting and supervising the allocation of targeted support funds in accordance with this Decision; annually ft!\riew the situation ofallocationof funds and execution of projects to thoroughly tackle environmentalpollution,and reportdifficulties or problems (if any)to thePrimeMinisterfor timely supplementation or adjustment; cI Provide loans at concessional interest rates or financial supports from the Vietnam Envirorurental Protection Fund for projects for which~l.Wsupport fw ds have been approved; dJ Guide the making, and decide on, a list of to-be-handledseriouslypollutingestablishments. 2. The Ministry uf Planning awl Investment shall, at the proposal of the Ministry of Natural Resources and Environment. assume the prime responsibifiry for. andcoordinate withtheMinistry of Finance in,planning central budgetcapital for projects to thoroughly tackle environmental pollution. 3. The Ministry of Finance shall, at the proposalof theMinistryofNaturalResourcesand Environment, balance and allocate the central budget's targeted support tunes for projects to thoroughly tackle environmental pollution. 4. Ministers, heads of ministerial-level agencies, heads ofgovernment-attached agencies and presidents of provincial/municipal People's Committees shall: at Direct eotcbliehmenrc under their management to formulateprojects to thoroughly tackle environmental pollution and make cost estimatesforthese projects,evaluateand approve them according to current provisions of law,and send them to the Ministry of Natural Resources and Environment before June 15every year for incorporation in plans; hi Arrange capital in their annual plans for projects to thoroughly tackle environmental pollution which arc entitled to thc state budget's targeted support funds in accordance with this Decision; rlTak/', responsibility fnr the [UY'gn;-ss. quality and results of execution of projects; dI Report annually to the Ministry of Natural Resources andEnvironment on theallocation of funds, the use of targeted support funds, and the execution of projects under this Decision, and propose solutions to difficulties or problems (if any) to the Ministry ot Natural Resources and Environmentfor synthesisand report to thePrime Minister for considerationand decision. Article8.- Implementationprovisions This Decision takes effect 15 days after its publication in "CONG BAO." Ministers,headsof ministerial-levelagencies, heads of government-attached agencies, and presidents of provincial/municipal People's Committees shall implement this Decision. For the Prime Minister lkputy r,ime A-fi"iMel HOANG TRUNG HAl © VIETNAM I AW Il. LEGAL FORUM