Decree No. 62/2018/ND-CP dated May 02, 2018 of the Government stipulating on supporting expenditures using public irrigation products and services

THE GOVERNMENT

Decree No. 62/2018/ND-CP dated May 02, 2018 of the Government stipulating on supporting expenditures using public irrigation products and services

Pursuant to the Law on the organization of the Government dated June 19, 2015;

Pursuant to the Law on the State budget dated June 25, 2015;

Pursuant to the Law on charges and fees dated November 25, 2015;

Pursuant to the Law on prices dated June 20, 2012;

Pursuant to the Ordinance on the Exploitation and Protection of Irrigation Works dated April 04, 2001;

At the proposal of the Minister of Finance;

The Government promulgates the Decree stipulating on supporting expenditures using public irrigation products and services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates on subjects, scope, degree, modes of supporting expenditures using public irrigation products and services.

Article 2. Subjects of application

This Decree is applied for agencies, individuals participating in exploiting irrigation works in the territorial of Vietnam including owners of irrigation works, managers of irrigation works, organizations and individuals using public irrigation products and services and other related organizations and individuals.

Chapter II

SUPPORTING EXPENDITURES USING PUBLIC IRRIGATION PRODUCTS AND SERVICES

Article 3. Subjects of being supported expenditures using public irrigation products and services

1. The entire area of agricultural land used for research and production, area of planting

4. Cases that are not under subjects of being supported expenditures as stipulated under this Article must pay for using public irrigation products and services as stipulated.

Article 4.Rate of supporting public irrigation products and services

1. Rate of supporting public irrigation products and services for paddy land:

a) For cases of partial self-irrigation and drainage, rates are equal to 60% of the above rates.

b) For cases of only creating sources for irrigation and drainage by gravity, rates are equal to 40% of the above rates.

c) For cases of only creating sources for irrigation and drainage by motors, rates are equal to 50% of the above rates.

d) For cases of taking advantage of tide for irrigation and drainage, rates are equal to 70% of the rates applicable to irrigation and drainage by gravity.

dd) For cases of creating sources from level 2 or more for works built under the plan that are approved by competent agencies, rates will be increased by 20% compared to the rate stated in the above table.

e) For cases of separately stating between irrigation and drainage in the same area, rates for irrigation are 70% of the above rates and rates for drainage are 30% of the above rates.

2. For areas under rice seedlings, vegetables, subsidiary crops and short-term industrial crops, including winter crops, rates are equal to 40% of the rates applicable to land under rice.

3. Rates applicable to salt production are equal to 2% of the value of finished salt products.

4. Rates applicable to aquaculture and long term industrial, fruit, flower and pharmaceutical crops shall be calculated according to this table:

a) For water supply for aquaculture taking advantage of tide, rates are equal to 50% of the rates as stipulated in the above table.

b) For Water supply for irrigation of long-term industrial, fruit, flower and pharmaceutical crops, if it is not calculated by m^3,, it shall be calculated by the area (ha), rates are equal to 80% of the rates used to support for public irrigation products and services for the land under rice per year as stipulated.

5. Rates as stipulated under this Article are the maximum rate applicable to each irrigation method for each area and are calculated at the beginning point of the channel to the focal work of irrigation works. The actual supporting rate shall be based on the rate of being supported and the maximum price that is decided by the Ministry of Agriculture and Rural Development for central irrigation exploitation organizations and the provincial People’s Committee shall decide for local irrigation exploitation organizations at the time of supporting.

Article 5.Modes of supporting and expenditure tasks of state budget

1. The State budget shall pay for expenditures of using public irrigation products and services directly to irrigation exploitation organizations on the basis of checking area, volume, irrigation measures and supporting rate as stipulated under this Decree.

a) The central budget shall pay expenditures for using public irrigation products and services to central irrigation exploitation organizations.

b) The local budget shall pay for local irrigation exploitation organizations;

2. Localities shall use local budget and supporting resources from the central budget (if any) to support local irrigation exploitation organizations. Central budget shall support based on principles of having targets from central budget to local budget to implement social protection policies decided by the Prime Minister;

Chapter III

ESTIMATION, ALLOCATION AND FINALIZATION OF EXPENDITURES USED TO SUPPORT FOR USING PUBLIC IRRIGATION

Article 6.Estimation of the budget for supporting

1. Based on the law on state budget, irrigation exploitation organizations shall estimate the budget for supporting to use public irrigation products and services, other budgets to report to competent authorities:

a) Central irrigation exploitation organizations shall report to the Ministry of Agriculture and Rural Development and the Ministry of Finance; The Ministry of Agriculture and Rural Development shall summarize and send to the Ministry of Finance;

b) The Department of Finance shall coordinate with the Department of Agriculture and Rural Development to summarize the estimation of local irrigation exploitation organizations and report to the People’s Committees and submit to the provincial People’s Council for approval and report to the Ministry of Finance;

c) Irrigation exploitation organization managed by the district shall be inspected and examined by the financial department, they shall coordinate with the Department of Agriculture and Rural Development to examine and summarize and report to the District People’s Committees and send to the provincial financial department for summarization.

2. The Ministry of Finance shall summarize the budget estimation for using public irrigation products and services of central irrigation exploitation organization, budget estimation of local irrigation exploitation organizations into the central state budget to report to the Government and submit to the National Assembly for approval.

Article 7.Allocation of the budget estimation

1. The Ministry of Finance shall allocate the budget estimation to support for using public irrigation exploitation organizations to the Ministry of Agriculture and Rural Development and localities based on the state budget estimation approved by the National Assembly and decided by the Prime Minister.

2. The provincial People’s Committee shall allocate the budget supported to use public irrigation products and services to irrigation exploitation organizations and districts. The Department of Finance shall assume the prime responsibility and coordinate with the Department of Agriculture and Rural Development to summarize and submit to the provincial People’s Committee to allocate the supported budget to irrigation exploitation organizations and districts.

Article 8.Granting and payment for the supported budget

Based on the allocated estimation, the financial agencies shall grant and pay the budget used for using public irrigation organizations to irrigation exploitation organizations by payment order. The payment for irrigation exploitation organizations shall be implemented according to current regulations.

Article 9.Settlement of the budget

1. The settlement of the budget supported to use public irrigation products and services shall be implemented according to the Law on state budget and other documents. The district budget shall be settled with the provincial budget (localities), local budget will be settled with central budget.

2. Irrigation exploitation organizations must provide documents as a basis for payment and settlement: irrigation contract between irrigation exploitation organizations and organizations, individuals using public irrigation products and services; examination minute and liquid contract; volume of works using the budget supported to use public irrigation products and services.

3. The Ministry of Agriculture and Rural Development shall assume the prime responsibility and coordinate with the Ministry of Finance to examine and approve the budget supported to use public irrigation products and services of central irrigation exploitation organizations.

4. Provincial People’s Committee shall be responsible for examining and approving the settlement for supporting public irrigation products and services of local irrigation exploitation organizations (including companies and districts). The Department of Finance shall coordinate with the Department of Agriculture and Rural Development to examine the financial statements and submit to the provincial People’s Committee for approval.

5. Irrigation exploitation organizations shall be responsible for accuracy of the reported data.

Article 10.Policies for irrigation exploitation organizations

1. Beside the budget supported to use public irrigation products and services, irrigation exploitation organizations providing irrigation system shall enjoy allowances (excluding the case of providing public irrigation products and services in the mode of auction) and other financial allowances as stipulated by the law.

2. The central state budget shall grant and support financial items for central irrigation exploitation organizations.

3. The local state budget shall grant and support financial items for local irrigation exploitation organizations;

Chapter IV

IMPLEMENTATION ORGANIZATIONS

Article 11.Responsibilities of the irrigation exploitation organizations

1. To serve promptly on the quality of water, irrigation services for agricultural production, salt production and implement the water saving.

2. To use the budget provided efficiently;

3. To implement the estimation and build business production plan and summarize the finalization to submit to the competent authorities for approval as follows:

a) Irrigation exploitation organizations managed by the central shall report to the Ministry of Agriculture and Rural Development and the Ministry of Finance;

b) Irrigation exploitation organizations managed by the local shall report to the provincial People’s Committees to report to the Ministry of Finance, Ministry of Agriculture and Rural Development;

Article 12.Responsibilities of the Ministry of Agriculture and Rural Development

1. To decide modes of providing public irrigation products and services of central irrigation exploitation organizations as stipulated;

2. To assume the prime responsibility of managing, operating  the system of irrigation works and policies to support subjects of using public irrigation products and services;

To coordinate with the Ministry of Finance to guide and inspect the implementation of the policy on supporting the budget for using public irrigation products and services of the local;

Article 13. Responsibilities of the Ministry of Finance

1. To summarize the estimation and finalization of budget expenditures when implementing the policy on supporting expenditures to use public irrigation products and services of the central irrigation exploitation organizations and other provincial irrigation exploitation organizations and report to the Government to submit to the National Assembly for decision as stipulated by the State Budget Law.

2. To assume the prime responsibility and coordinate with the Ministry of Agriculture and Rural Development to guide and inspect use of the budget for using public irrigation products and services of localities.

3. To guide the report on drawing up the estimation and finalization of the budget for using public irrigation products and services.

Article 14.Responsibility of the provincial People’s Committee

1. To decentralize management for irrigation works as guided by the Minister of Agriculture and Rural Development.

2. To inspect the promulgation on degree of technical economics to irrigation exploitation organizations.

3. To decide on modes of providing public irrigation products and services to local irrigation exploitation organizations; approve the estimation and allocate the estimation; manage the budget; regulate on works measures to irrigation exploitation organizations managed by the local;

4. To build and summarize the budget on supporting use of public irrigation products and services of irrigation exploitation organizations and submit to the Provincial People’s Committee for consideration and decision; report to the Ministry of Finance and the Ministry of Agriculture and Rural Development;

5. To build, examine and inspect the implementation of the policy on supporting the budget of using public irrigation products and services of local irrigation exploitation organizations and use of the budget for supporting items as stipulated under the Law on state budget;

Article 15. Effect

1. This Decree takes effect on its signing day. Time for supporting the budget for using public irrigation products and services is from January 01 2017 to the end of June 30, 2018;

2. Ministers, heads of ministerial level, heads of governmental agencies, Chairman of People’s Committee of provinces and cities under central management shall implement this Decree.

For the Government

Prime Minister

Nguyen Xuan Phuc