Decree No. 83/2019/ND-CP amending the Decree No. 94/2014/ND-CP

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 94/2014/ND-CP of October 17, 2014, on the setting up and management of natural disaster prevention and control funds^[1]

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

Pursuant to the June 19, 2013 Law on Natural Disaster Prevention and Control;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 94/2014/ND-CP of October 17, 2014, on the setting up and management of natural disaster prevention and control funds.

Article 1. To amend and supplement a number of articles of the Government’s Decree No. 94/2014/ND-CP of October 17, 2014, on the setting up and management of natural disaster prevention and control funds

1. To amend Clauses 1 and 2, Article 4 as follows:

“1. Natural disaster prevention and control funds are off-budget state financial funds set up at the provincial level and managed by provincial-level People’s Committees. The year-end balance of funds shall be carried forward to the subsequent year.

2. Specialized agencies advising and assisting provincial-level People’s Committees on performing the state management of natural disaster prevention and control shall act as agencies managing natural disaster prevention and control funds; and use their apparatuses to manage the funds in accordance with law. They have their own seals and may open accounts at state treasuries and shall be organized and operate on a part-time basis. Directors of funds shall be appointed, relieved from duty or dismissed under decisions of chairpersons of provincial-level People’s Committees.”

2. To amend Point g, Clause 1, Article 6 as follows:

“g/ Members of poor households or households living just above the poverty line; members of households suffering serious damage caused by natural disasters, epidemics, fires, explosions or accidents; members of households in extreme difficulty-hit communes in coastal areas and islands and region-III communes of ethnic minority and mountainous areas; and social protection beneficiaries who are receiving monthly social allowances under the Prime Minister’s decisions or Government’s decrees and documents amending and supplementing the above documents (if any).”

3. To amend Clause 6, Article 8 as follows:

“Chairpersons of provincial-level People’s Committees shall guide the formulation of plans on collection of revenues to the funds by, and approve and notify such plans to, each related agency or unit. Provincial-level Tax Departments shall coordinate with one another in supporting the collection of revenues to the funds, formulating the collection plans, and providing agencies managing the funds with information on the total value of existing assets in Vietnam based on annual financial statements for domestic and foreign economic organizations in their localities.”

4. To amend and supplement Clauses 1 and 2, Article 9 as follows:

“1. Expenses for supporting natural disaster prevention and control activities with priority given to the activities specified at Points a, b and c, Clause 3, Article 10 of the Law on Natural Disaster Prevention and Control and the following activities:

a/ Providing relief and support for the remediation of natural disaster consequences: Providing emergency relief in terms of food, drinking water, curative medicines and other essentials for those suffering damage caused by natural disasters; supporting the repair of houses, health establishments and schools, and for dealing with environmental sanitation issues in natural disaster-hit areas, repair of evacuation houses serving natural disaster prevention and control; removing items and obstacles posing natural disaster risks; and repairing, and urgently dealing with arising problems for dikes, embankments, sluices and natural disaster prevention and control works, with an amount not exceeding VND 3 billion/work.

b/ Supporting natural disaster response activities: Evacuating people out of dangerous areas; providing health care; providing food and drinking water for people in evacuation places; supporting community-based activities of observation, information, announcement and warning of natural disasters; conducting patrol and inspection to detect areas at risk of natural disasters or incidents of natural disaster prevention and control works.

c/ Supporting prevention activities: Formulating and disseminating the law on natural disaster prevention and control; formulating and reviewing plans on natural disaster prevention and control; organizing training for raising awareness of forces engaged in natural disaster prevention and control activities at all levels in localities and communities; organizing drills of natural disaster prevention and control skills at all levels; organizing training and maintaining activities for people participating in dike protection, people’s dike management forces and commune-level pioneering forces in natural disaster prevention and control activities.

2. Expenses for part of remunerations to persons directly engaged in collection of revenues to the funds and other administrative expenses related to collection activities, which must not exceed 3% of the total revenues.”

5. To add the following Article 9a below Article 9:

“Article 9a. Allocation of provincial-level natural disaster prevention and control funds

1. Based on the funds’ spending contents specified in Clause 1, Article 9 of the Decree, provincial-level People’s Committees shall decide to decentralize and assign district- and commune-level People’s Committees to use revenues from the natural disaster prevention and control funds, which must not exceed 20% of the revenues collected in the districts or communes, to perform natural disaster prevention and control tasks at their levels.

2. Provincial-level People’s Committees shall promulgate operation regulations and guide the spending contents and levels and management and use of the funds, including the fund amounts allocated to district- and commune-level People’s Committees for performance of natural disaster prevention and control tasks.”

6. To amend Clause 1, Article 10 as follows:

“1. Chairpersons of provincial-, district- or commune-level People’s Committees shall decide on spending levels and contents for eligible subjects at the request of commanding committees for natural disaster prevention and control and search and rescue of the same level.”

7. To add the following Clause 3 to Article 11:

“3. The funds shall apply the accounting regime in accordance with current accounting law and the guidance of Ministry of Finance.”

Article 2. To replace the phrase “independent cost-accounting economic organizations” in Clause 1, Article 5; Clauses 1 and 2, Article 6; Clause 1 and 4, Article 8, and Article 15, of the Government’s Decree No. 94/2014/ND-CP of October 17, 2014, on the setting up and management of natural disaster prevention and control funds, with the phrase “domestic and foreign economic organizations in localities”.

Article 3. Effect

This Decree takes effect on January 1, 2020.

Article 4. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees and related agencies shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC