Decision 20/2016/qd-Ttg Dated: Mechanisms And Processes To Support Funding For Localities To Fix The Consequences Of Disaster

Original Language Title: Quyết định 01/2016/QĐ-TTg: Về cơ chế, quy trình hỗ trợ kinh phí cho các địa phương để khắc phục hậu quả thiên tai

Read the untranslated law here: https://www.global-regulation.com/law/vietnam/2952806/quyt-nh-01-2016-q-ttg%253a-v-c-ch%252c-quy-trnh-h-tr-kinh-ph-cho-cc-a-phng--khc-phc-hu-qu-thin-tai.html

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Decide on the mechanisms and processes to support funding for localities to fix the consequences of disaster _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to the law on State budget on June 25, 2015;
Pursuant to the law on disaster prevention 19 June 2013;
According to the recommendation of the Minister of finance;
The Prime Minister issued a decision on the mechanism, process support funding for localities to remedy consequences of natural disasters.
Article 1. Scope, application object 1. Adjustable range: a) this decision regulates the mechanism, process support funding from the central budget of backup sources for local to fix the consequences of natural disasters;
b) natural disasters provided for in this decision are made under paragraph 1 of article 3 of law of disaster prevention;
c) damage caused by natural disasters are the responsibility of the provinces, the central cities must implement remedial activities of disaster according to the provisions of article 30 of the law of prevention of natural disasters;
d) damage caused by natural disasters for the ministries are not in the scope of this decision; the ministries reported the prime consideration, decision.
2. Objects: a) The province, central cities suffered damages due to natural disasters as defined in paragraph 1 of this article;
b) organizations and individuals related to the process of funding from the central budget of backup sources for local to overcome the consequences of natural disasters.
Article 2. The base support 1. Statistics, to assess the damage caused by natural disasters under the guidance of the Ministry of agriculture and rural development, the Ministry of planning and investment;
2. The report of the people's Committee of the central cities, about the damage caused by natural disasters cause in remedial responsibilities of local natural disasters; relief needs, support of local; mobilize local resources to overcome the consequences of natural disasters (prevention of local budgets; Disaster Prevention Fund; other legal financial sources prescribed by law); the Prime Minister's proposal to support remedial funding disaster.
3. Redundant local budget arranged estimated local budget rooms used, reserve the remaining local budgets to the time of disaster.
4. the central budget reserve remains to consider supporting local disaster.
Article 3. Support process 1. Chairman of people's Committee of the province, central cities: a) situation report of the damage caused by natural disasters, demand relief, support and propose remediation to send the Central Steering Committee on the prevention of natural disasters and the ministries concerned in accordance with the Law disaster prevention.
b) report on the local budget of backup, the backup used and redundant to the time of the disaster sent the Ministry of finance.
2. The general financial situation of the locality; classification of the local groups about the possibility of the budget; the central budget reserve.
3. the head of the Central Steering Committee on General disaster prevention damage, relief needs, support of the proposed local government support for the local disaster recovery.
4. The Prime Minister decided to support funding for localities on the basis of the text proposed by the head of the Central Steering Committee on the prevention of natural disasters and the opinion of the Ministry of finance, planning and investment and the relevant agencies.
5. in case of emergency, the Ministry of Finance made the advance of the central budget to support the local losses by decision of the Prime Minister.
Article 4. Principles, mechanisms and funding 1. On population support, restore the infrastructure: a) Only support review from the central budget reserve resources for the local major damage levels exceed the ability to balance the budget.
b) base damage situation, needs relief, support and propose local remedy; Disaster Prevention Fund and other legal financial sources; backup to local budgets, the central budget reserve remains; the support of disaster recovery for local classified according to the following groups:-the central budget to support the local not yet self balancing budgets;
--The central budget to support the local there to regulate the revenues split on the central budget of under 50%;
-The remaining local, local budget self guarantees funding.
-Special case due to the Prime Minister to decide.
2. About support plant breeding, livestock, and aquaculture to restore production of the disaster: made by decision No. 142/2009/QD-TTg dated 31 December 2009 and decision 49/2012/QD-TTg dated 8 November 2012 Prime's amendments, supplements article 3 of decision No 142/2009/QD-TTg dated 31 December 2009 by the Prime Minister on the mechanism policy support plant breeding, livestock, and aquaculture to restore production of the disaster; and other related documents. The writing on the case be modified, supplemented, substitute shall apply according to the revised text, Supplement, replace it.
Article 5. About support of damage caused by heat, drought support implementation as stipulated in Decree No. 142/2003/ND-CP on November 28, 2003 detailing the Government's implementation of some articles of the Ordinance on the exploitation and protection of irrigation works. The case of the hot sun, drought, occurred causing damage or a severe impact to production, the living of the people, the local budget after budget, relocation, financial reserve fund remain insufficient, the provincial people's Committee reported the Prime Minister; The Ministry of agriculture and rural development, general situation of damage, needs funding support from the budget of the local State, propose support send the Ministry of finance. On the basis of the proposal of the Ministry of agriculture and rural development, the situation of preventive use of local budgets and the central budget of the Ministry of finance, in cooperation with the Ministry of planning and investment in general the prime consideration, the decision from the central budget power.
Article 6. Implementation 1. The Ministry of agriculture and rural development: a) directs the people's Committee of the central cities, General, statistics, to assess the damage, check the results to assess the damage caused by natural disasters cause before the Prime Minister's report, the Ministry of agriculture and rural development.
b) synthesis and evaluation of the damage caused by natural disasters caused in nationwide, the Prime Minister reports and statistics of the damage caused by natural disasters.
2. The Central Steering Committee on prevention of disaster damage situation synthesis, which determine the damage caused by natural disasters cause in remedial responsibilities of local natural disasters; relief needs, of the local support, local resources have been used to overcome the consequences of natural disasters and suggested the Prime Minister decided to use redundancy of the central budget to support the local.
3. The Ministry of Finance: a) to track, aggregate backup usage situation of the locality; the central budget reserve; additional implementation funding for the local time by decision of the Prime Minister.
b) coordinated with relevant agencies to inspect the situation, using remedial funding of the local natural disasters; last year, the results of reports the Prime Minister.
4. Ministry of planning and investment, Ministry of labor, invalids and Social Affairs and other relevant ministries in the scope of its powers, functions are responsible for inspecting the results of statistics, to assess the damage in range management and propose remedial disaster under the provisions of the law on disaster prevention.
5. The President of the people's Committee in the province, central cities: a) General, the report reviews the situation of damage caused by natural disasters in the area, the Central Steering Committee report on the prevention of natural disasters and the ministries concerned; the report uses the backup local budget according to the provisions in clause 1 of article 3 of this decision;
b) actively use local budget, local budget, reserve fund, disaster prevention and mobilization of financial resources to other legal remedy of the consequences immediately after a disaster occurs to stabilize people's lives, restoring production.
Slow c) for 30 days from the receipt of additional funding announcement from the Ministry of finance; the written report submitted to the Central Steering Committee on prevention of natural disasters, the Ministry of finance, the Ministry of planning and investment and the Ministry of labor, invalids and Social Affairs on receive, allocate funds to support disaster recovery; which has supported funding from the central budget.
d) make the allocation, management and use of funds are ensured support purposes, the right audience, effective. The case of the central budget funding in support of no use, not the right audience and content according to the decision of the Prime Minister, make a withdrawal of the central budget.
Article 7. Terms of implementation 1. The decision in effect enforced since March 5, 2016.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this decision.