Circular 28/2013/ttlt-Bkhđt-Btc-Btnmt: A Guide To Management Mode, Using State Budget Funds Implementation Of National Target Programs To Remedy The Pollution And Improve The Lips Slid

Original Language Title: Thông tư liên tịch 28/2013/TTLT-BTNMT-BTC-BKHĐT: Hướng dẫn chế độ quản lý, sử dụng kinh phí ngân sách Nhà nước thực hiện Chương trình mục tiêu quốc gia khắc phục ô nhiễm và cải thiện môi trư

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CIRCULAR guide management mode, using State budget funds made national target programs to remedy the pollution and improve the environment in the period 2012-2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 60/2003/ND-CP dated 6 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
Pursuant to Decree No. 116/2008/ND-CP on November 14, 2008 Government's functions, tasks, powers and organizational structure of the Ministry of planning and investment;
Pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions, tasks, powers and organizational structure of the Ministry of finance;
Pursuant to decision No. 135/2009/QD-TTg on 04 November 2009 by the Prime Minister on the issuance of regulations, executives made the national target program;
Implementation of decision No 1336/QD-TTg dated 8 September 2012 by the Prime Minister on the approval of the national target program to remedy the pollution and improve the environment in the period 2012-2015;
The Minister of natural resources and the environment, the Minister of finance, Minister of planning and investment issued circular guide management mode, using State budget funds made national target programs to remedy the pollution and improve the environment in the period 2012-2015 , article 1. General provisions 1. This circular instruction management mode, using State budget funds made national target programs to remedy the pollution and improve the environment in the period 2012-2015 (hereinafter abbreviated as the program) by decision No. 1206/QD-TTg dated 8 September 2012 of the Prime (hereinafter abbreviated as decision No. 1206/QD-TTg).
2. Capital: capital budget (central budget; local budget the ODA loans and capital; foreign aid); the capital of the socio-economic organization.
3. The Ministry, the people's Committee of the central cities, was given the task of implementation, the program's project manager, responsible use of funds of the programme in accordance with the current rules, ensure effective according to the objectives.
Article 2. Funding sources and content spend performing the task, the project of the program 1. Expenditure from the State budget funding sources (including foreign capital): support the tasks according to the project was approved by the authority, including the content: survey, analysis, reviews the situation of environmental pollution to build the project; done processing activities, pollution and improve the environment; testing, testing project, specifically: a) support from the environmental career resources:-renovating, upgrading the collection system, waste management focus in the polluted villages particularly severe environments;
-Processing, restoration and environmental restoration of contaminated areas particularly severe because of plant protection chemicals exist save;
-Management of the program.
b) support from development investments source:-built collection system, waste management focus; processing, restoration and environmental restoration of contaminated areas in the polluted villages particularly severe environments;
-Establish, build and deploy the project to collectors, sewage from the municipality category II above, in 3 Elite River-the river bottom, the River Bridge and Dong Nai River system.
2. In addition to funding from the State budget, made to mobilize contributions from organizations, individuals and businesses of the economic component to the programme in accordance with the law. In collaboration with the program, integrating other projects relevant to the effective implementation of the program.
Article 3. Costs and support 1. Costs are defined as follows: a) spending from State budget sources perform the task, the project of the program follow the financial spending mode. Some of the costs for each funding source be applied in annex 1 attached to this circular;
b) genus content case made the yet project norms, unit price, the program's target base, workload and market prices to estimate, the approval authority according to the current provisions of the law.
2. The support level of capital from central funds for the project: a) supports must not exceed 50% of the total investment cost for the project to fix pollution and improve the environment in the polluted villages particularly severe;
b) supports must not exceed 50% of the total investment cost for the project of improvement and restoration of the environment in some areas being particularly severe pollution caused by plant protection chemicals exist save;
c) supports no more than 20% of the total investment cost for the project of collectors, sewage from the municipality category II above, in 3 Elite River-the river bottom, the River Bridge and Dong Nai River system.
Article 4. Priority criteria of capital support program 1. Criteria for project categories priority support: a) the project to fix pollution and improve the environment in the polluted villages particularly severe environments: the village must meet one (1) of three (3) of the following criteria:-the village produces traditional products tied to the ethnic or cultural identity tied to tourism development projects; village need to preserve;
-Village has been recognized, environmental pollution is particularly serious and has local/village industrial area or focus or craft production zone has approved planning area/village or industrial zone producing career focus to relocate the production of polluting the environment out of the settlement under the provisions of circular No. 46//TT-BTNMT 2011 January 26, 2011 the Ministry of natural resources and environment regulations on environment protection village;
-The village was brought into the project, environmental protection plans or project/project deal has been approved by the authorized implementation of the provisions of circular No. 46/2009/TT-BTNMT on 26th December 2010 of the Ministry of natural resources and the environment but not yet deployed the funds.
b) project to improve and restore the environment in some areas being particularly severe pollution caused by plant protection chemicals exist save:-The contaminated environmental area is especially serious because the existing plant protection chemicals stored there in Appendix I to decision No. 1946/QĐ-TTg dated 21/10/2010 Prime Minister's approving the plan handle , prevention of environment pollution by plant protection chemicals remain stored on the nationwide;
-Contaminated areas is especially serious because the existing plant protection chemicals store located near residential areas, schools, and other public areas.
c) project for collectors, sewage from the municipality category II above, in 3 Elite River-the river bottom, the River Bridge and Dong Nai River system:-priority municipality has its serious environmental pollution and waste discharge directly out in the river basin environmental protection project 3 River basin has been the Prime Minister for approval in the Decision No. 174/QĐ-TTg dated 28 July 2006 on the approval of the overall scheme of protection and sustainable development of the ecological environment, the bridge River basin landscape; Decision No 187/QD-TTg dated December 3, 2007 on the "approval of the project and the environmental protection system of Dong Nai River basin to 2020"; Decision No. 57/2008/QD-TTg dated 29 April 2008 on the approval of "the overall schemes of environmental protection Elite River-the river Bottom to 2020";
-The projects are implemented but not yet deployed sufficient funding;
-The project has been approved and had committed ODA loans for's sponsors.
2. principles determine the level of environmental pollution: a) of the criteria identified in environment pollution causing establishments in particularly severe apply as specified in circular No. 04/2012/TT-BTNMT August 5, 2012 of the Ministry of natural resources and environment criteria defined regulations causing environmental pollution environmental contaminants, particularly severe; the areas of special environmental polluters seriously apply according to the provisions of article 92 of the law on the protection of the environment in 2005;
b) criteria determining the area contaminated environment particularly severe applied under article 92 of law for environmental protection in 2005 and other relevant legal provisions.
3. capital assistance conditions: the project be reviewed when there are enough capital to support the following conditions: a) has been authorized State agencies approved under current rules and laws are put into the annual budget plan;
b) project has not had the funding to implement local and committed to full reciprocal capital arrangement to implement the project.
c) projects must have content that is committed to sustainable operation and maintenance of the public overcome the pollution and improve the environment that was built after the project ends;
d) capital support priorities for the province, central cities also receive subsidies from the central budget in balance.
4. for the projects to be supported by the central budget, local circumstances do not make projects, not inherently bad layout according to the commitment or the use of improper purpose, you must recover the aid which had already been submitted to the central budget.
 
Article 5. Estimating, management and payment of funds The program, estimating, estimation and allocation, allocate, manage, use and settlement funding programme, implemented in accordance with the law on the State budget, the writing guidelines state budget Law , the text of the current guidelines and specific rules in this circular are as follows: 1. Estimating the expense of implementing the annual programme: a) annual local and based on the mission, projects by decision No. 1206/QĐ-TTg, establishing and approving each project, tasks in project list components that are delivered by the program according to the current rules , send the Ministry of natural resources and environment to consider, General estimating next year to send the Ministry of finance, the Ministry of planning and investment, together with the time of estimating annual State budget according to the provisions of the law on the State budget and the current rules;

When building task, the project must be based on costs and levels of support; the criteria, conditions of capital programs support the provisions of article 3 and article 4 of this circular, identify the funding needs of the project suggest that the central budget support, the funding needs of the project due to local budget actively deployed and mobilized the , other legitimate contribution;
b) Ministry of natural resources and environment, estimating cost for the task, project by the Ministry; General, reviewing funding to perform the task, project, of the Ministry, local, send the Ministry of finance, the Ministry of planning and investment, at the time of the annual budget estimate;
c) total base funding levels the program is informed by the authorized, Ministry of natural resources and the environment, in cooperation with the Ministry of finance, the Ministry of planning and investment is expected to allocate the funding of the program, both the structure and the level of support to the Ministry; the central budget resources for the local support, in line with the goals, tasks, support conditions, criteria and the levels of support; Ministry of finance, the Ministry of planning and investment of synthesis process of the Prime Minister to decide.
2. Observance of estimating a) pursuant to the plan and State budget estimates are assigned authority, ministries, local distribution and delivery estimates for the subdivisions according to the following codes: code 0451-project 1: pollution and improve the environment in the polluted villages particularly severe;
Code 0452-project 2: improving and restoring the environment in some areas particularly severe contamination by plant protection chemicals exist save;
0453-code project 3: collectors, sewage from the municipality category II above, in 3 Elite River-the river bottom, the River Bridge and Dong Nai River system.
This code is used in the stitch estimation, accounting Executive and State budget settlement.
b) bodies, the unit was given the cost of the programme implementation, project management, use of funds, settlement and reporting in accordance with the law on the State budget and other documents guiding the implementation of the law.
3. Finalizing funding: a) for the project, the mission deployed from career capital: periodically last year and at the end of the project, the people's committees of provinces and cities under central assigned host held trials staged workload (for projects not yet completed) or the trials end project (the project) in accordance inspection mode of program management agency issued to make the basis of payment, settlement funding of projects;
The independent review of the evaluation report, five of the projects implemented under the current rules.
b) for project-the layout from investment capital development: establishing procedures, evaluation of project approval; traffic and implement investment plans made under the current rules. The management, allocate capital and payment of capital investment nature career, settlement capital project completion taken under the provisions of the law on management, payment of capital and capital investment nature career.
Article 6. Implementation Of The people's Committee, the province, the central cities and agencies, the implementation of the project of the program content based regulations, executives made the national target program to organize the implementation of this program. Specifically the following: 1. Ministry of natural resources and Environment of the school: a) scrutinize, general planning and funding needs of the annual programme on the basis of the proposal of the Ministry and the people's committees of provinces and cities under central, send the Ministry of finance, the Ministry of planning and investment to the synthesis report the authority review the decision; host provides for donors in budget plans and work plans of the program according to the signed agreements (if any);
b) presiding, in cooperation with the Ministry of planning and investment, Ministry of finance and the foreign donors reviews the implementation of the program; synthesis of the Prime contract report submitted to Ministry of planning and investment, Ministry of finance; provide program implementation reports for donors under the agreement signed (if available);
c) presiding, coordinating Ministry of planning and investment, Ministry of finance review, suggestions for projects to be delivered to early implementation in accordance with the objectives, the content of the program;
d) presided over the construction and approval of the project, tasks are assigned according to the provisions in decision No. 1206/QĐ-TTg (goals, tasks, content and cost estimation, divergence which made each year);
DD) Organization directs the effective execution of the task, the project of the program; in collaboration with the program, integrating other projects;
e) chaired the construction, dissemination, guide and tracking indicators system, monitoring, evaluation results, reviews the impact of the projects according to the objectives and tasks of the program;
g) and check the implementation of the projects in the program to ensure the correct implementation of program plans and objectives;
h) periodically report submitted the relevant units according to the regulations, the operator made the national target program.
2. the people's committees of provinces and cities under central: a) is responsible for establishing, evaluating and approving the mission, program project (objectives, tasks, contents, cost estimation and distribution of capital each year);
b) layout of the local annual budget, with additional funds available from the central budget (including ODA, foreign aid) for the program; implementation of integrating the resources of the national target program, the program, the project supports the goals of pollution and improve the environment in the area managed to make good the goal of the program;
c) directing the organization performs the task, the project of the program have been assigned according to the instructions of the Ministry of natural resources and the environment and according to the approved plan; steer the subdivisions to use funds properly, effectively, no losses and payment of funds under current rules;
d) reporting to confirm the completion of the content handler, remediation of pollution and improve the environment, Ministry of natural resources and the environment, reported the Prime Minister;
DD) mobilizing contributions from the private sector component, organizations, individuals and foreign investment for the pollution and improve the environment in accordance with the law;
e) in collaboration with the Ministry of natural resources and the environment implementation report to donors according to the signed agreements (if any).
3. Ministry of planning and investment, the Ministry of finance based on the task, the program's project, on the basis of the proposal of the Ministry of natural resources and the environment and the local, balance, annual plan capital disposition under the provisions of the law on the State budget to implement the program.
4. The unit chaired the task, the project is responsible for using the correct program funding purposes, the true mode; subject to the checks, the control of the competent authorities; last year or the end of the project must make payment funds used under current rules.
5. mode of periodic reports: 6 months, in the end, tasks, projects, the unit hosted implementation is responsible for people's Committee report, the central cities. The people's committees of provinces and cities under central General submit a report to the Central Steering Committee (through the Office of the Steering Committee), the Ministry of finance, the Ministry of planning and investment, report 6, submitted on 20 July of the same year, reported in late March at the latest submit the following year.
6. This circular takes effect from December 1, 2013.
7. in the implementation process, if there are obstacles to timely reflect the recommendation of the Ministry of natural resources and environment, Ministry of planning and investment and the Ministry of finance to study the amended and supplemented accordingly./.