The Decree 67/2012/nd-Cp: Modifying, Supplementing A Number Of Articles Of Decree No. 142/2003/nd-Cp Dated 28 November 2003 From The Government Detailing A Number Of Articles Of The Ordinance On The Exploitation And Protection Of ...

Original Language Title: Nghị định 67/2012/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 143/2003/NĐ-CP ngày 28 tháng 11 năm 2003 của Chính phủ quy định chi tiết một số điều của Pháp lệnh Khai thác và bảo vệ...

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THE GOVERNMENT.
Numbers: 67 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 10, 2012

DECREE

Modify, add some of the provisions of the Digital Protocol 143 /2003/ND-CP November 28, 2003 by the Government

regulation of details of certain provisions of the Ordination of Mining and the Protection of irrigation works

____________________________

THE GOVERNMENT.

Government Law Base December 25, 2001;

The Water Resources Law Base May 20, 1998;

The French base for the Mining and Protection of irrigation works April 04. in 2001;

The French Base for Charge and Charge of August 28, 2001;

On the recommendation of the Minister of Finance.

The government issued a revised decree. In exchange, some of the provisions of the Decree 143 /2003/ND-CP November 28, 2003 The government regulates the implementation of some of the provisions of the Ordination of Mining and the Protection of irrigation works.

PROTOCOL:

What? 1. Modified, supplematuation of Protocol 143 /2003/ND-CP November 28, 2003 of the Government Regulation details of certain provisions of the Ordination of Mining and the Protection of the irrigation works. :

1. Article 19 is modified, adding as follows:

" Article 19. Cost and free of all costs.

1. The level of irrigation, the amount of water stipulated at paragraph 4 Article 14 of the Ordinal Order of the Mining and Protection of the irrigation works on specific processes that are specified as follows:

a) The yield of the toll on rice crops:

TT

Region and Public Measure

Income Level

($1,000 /h/case)

1

The mountains of the country.

-Irrigation.

1.811

-Irrigation with gravity.

1.267

-Irrigation with gravity and combined support.

1.539

2

The Red River Delta

-Irrigation.

1.646

-Irrigation with gravity.

1.152

-Irrigation with gravity and combined support.

1.399

3

Central and Northern Zone IV.

-Irrigation.

1.433

-Irrigation with gravity.

1.003

-Irrigation with gravity and combined support.

1.218

4

South Zone IV and Central Coast

-Irrigation.

1.409

-Irrigation with gravity.

986

-Irrigation with gravity and combined support.

1.197

5

Western Yuan

-Irrigation.

1.629

-Irrigation with gravity.

1.140

-Irrigation with gravity and combined support.

1.385

6

Southeast

-Irrigation.

1.329

-Irrigation with gravity.

930

-Irrigation with gravity and combined support.

1.130

7

The Mekong Delta

-Irrigation.

1.055

-Irrigation with gravity.

732

-Irrigation with gravity and combined support.

824

-The irrigation case, the one-part standard, is about 60% of the charge at the above.

-The only case for the water supply, the gravity, is 40% the fee. At Expression Upstairs.

-The only motive for the power irrigation is 50% of the fee. At Expression Upstairs.

-The case of irrigation for irrigation is 70% the cost of irrigation by gravity.

-The case has to generate a secondary source of degree 2 or more to the process built under the approved planning authority, which is an increase in the rate of income that is not more than 20% higher than the cost. At Expression Upstairs.

-The case has to separate the amount of the irrigation, the above the same area, and the amount of income for the irrigation is 70%, giving the target equal to 30% of the income rate at the above.

The Provincial People's Committee, the Central City of the Central Committee, specifically regulates the work and irrigation measures, the water applicable to each of the local irrigation works.

b) For its plated area, vegetables, colours, industrial trees, and a short crop of crops, it costs 40% of the cost of irrigation for rice crops.

c) The amount of water costs applicable to the production of salt is 2% the value of the salt of the finished product.

d) A degree of income of water to the organization, the individual who uses water or as a service from the irrigation works to serve for purposes not to produce food:

TT

Water objects

Unit

Capture the process measures

Power pump.

The dam,

Tribute channel

1

-Industrial, industrial, industrial.

-Yeah. 3

1.800

900

2

-Water for the living water plant, livestock.

-Yeah. 3

1.320

900

3

-Level irrigation for long-term industrial plants, fruit plants, flowers and medicinal plants.

-Yeah. 3

1.020

840

4

-Water to feed the aquacoship.

-Yeah. 3

840

600

-Yeah. 2 The side of the year.

250

5

-breeding fisheries at irrigation reservoirs;

-A fish.

% Value Value

5% Oh, 8%

6% Oh, 8%

6

Shipping through the boat, the aqueduct of the irrigation system:

-Boat, barge.

-The rafts.

It's your turn.

-Yeah. 2 //turn

7.200

1.800

7

Use water from irrigation works to broadcast electricity.

% Value of Product Power

8% Oh, 12%

8

Use of irrigation works to business travel, vacation, comfort, entertainment (including golf course business, casino, restaurants), and more.

Total Revenue Value

10% Oh, 15%

-The case of mass-based water is calculated from the organization's state of state recognition, the individual uses the water.

-The water-level case for aquacuses is calculated by 50% of the regulations in the 4 regulations at this point.

-Water water supply case for long-term industrial plants, fruit plants, flowers, medicinal plants if not calculated by cubic meters (m) 3 ) It ' s an area of about 80 percent of the amount of water that ' s cost to the rice crop for a year.

The Provincial People's Committee, the Central Committee of the Central Committee specifically to obtain the degree in the 5, 7, 8, and 8 Degrees Allocation of provisions at this Point, in accordance with the practice of local irrigation and regulatory systems, management organization. Current irrigation works.

e) In fact, the Prime Minister decides to adjust the maximum increase of 30% to the degree of regulation at the Decree on the basis of a proposal by the Ministry of Finance, Ministry of Agriculture and Rural Development. The case needs to adjust to 30% of the income level at this decree, the Ministry of Agriculture and Rural Development, the Ministry of Finance of the Government decided.

2. The level of cost irrigation is at the point a, b, c One This is calculated at the site of the organization's channel for the organization of water to the head work of the irrigation works.

The Provincial People's Committee, the Central Committee of the Central Committee, regulates the country's channel to pay for each work system under the provisions of the Ministry of Agriculture and Rural Development.

3. Organization of the United States Agreement with the organization, the individual who uses the water for the fee of the service to take the water from the back of the canal to the ground (the domestic channel), the fee is not overtaken by the Provincial People's Committee, the Central Committee of the Central Committee. Oh,

4. Free-free object:

a) Free to the entire agricultural land serving research, production testing, annual crop area of at least one rice case in the year; land area as salt.

The annual crop area has at least one rice case in the year including planned land, which plans to grow at least one rice case in the year or area of planning land, plans to plant crops annually but in fact has the cultivation of at least one rice crop during the year.

b) An exemption from agricultural land charges for the entire area of agricultural land is delivered by the State of the State or recognized for the poor.

The confirmation of the poor is based on the poor passport issued by the Prime Minister's decision.

In the case of the People's Committee of the Provinces, the Central Committee of the Central Committee of the Central Committee of the Central Committee of the Central Committee of the People's Republic of the People's Republic of the United States applies to the provisions of the local law, and the base of the Central Committee, the Central Committee of the Central Committee, the Central Committee of the Central Committee of the Central Committee of the Central Committee. I want to see you

c) Free of charge for agricultural land area in the limit of agricultural land delivery to the following subjects:

-Household, individual farmers are given or recognized by the state to produce agriculture, including inheritance land, to donate, to the use of land rights.

Households, farmers include: people with local permanent households; people with a main source of agricultural production, aquacowork, saline farming, and the township, the town, confirmed as permanent residence in the country. But there is no permanent residence; households, individuals who have previously been active in non-agricultural industries and have permanent residence in the local area have no jobs; cadres, civil officials, state officials, workers and rest of the team. power or quit due to production rearrangement, the reduced receipt of one-time allowance or an allowance for a number of years of permanent residency. The local, the son of the cadre, the bureaucman, the official, the local worker who was in the local area to the labor age but had not yet had a job.

-Household, personally, an agricultural manufacturing cooperative society that has received stable trading land of cooperatrony, state-owned agriculture (or agricultural companies conversion from state-owned agriculture) to produce agriculture in accordance with the law of the law. the law.

The land trading of the cooperative and state-owned agriculture to produce agriculture implemented by regulation at the United Nations International Protocol. 135 /2005/ND-CP November 8, 2005.

-The household, personally, is the farmer who has received the stable trading land of the state-owned farm to produce agriculture in accordance with the rule of law.

Farmers include: cadres, workers, officials who are working for the state-owned farm; households with people who are working for a national or retired state-owned farm, a loss of labor strength, enjoy a residence on the site; households, and businesses. There is a direct need for agricultural production, aquacal farming, on the site.

-Household, individual agricultural producers have the right to use their own agricultural land to establish a cooperative agricultural production under the provisions of the Co-operation Law.

The non-profit-free cases stipulated at this clause must submit the costs required by the provisions of this decree.

5. Range and level of free of charge:

a) free range free range:

The scope for free irrigation is calculated from the site of the organization's channel to the organization of the water to the lead work of the irrigation works.

b) A free level of free of charge:

The free level for the use of water from irrigation works is calculated according to the regulation level at points a, b, c, and the 3-, 4-rate of water collection at the point of D 1 This Article. "

2. Additional Article 19a as follows:

" Article 19a. Policy for the management units, irrigation works irrigation and the state budget of compensation for free implementation of the benefit of the government.

1. Management units, mining of irrigation works by the state budget. The amount of money that is made available to the United States, for the amount of money that is made available to the United States.

2. The specified compensation level is as follows:

a) The management units, which exploit the irrigation works system that are granted the amount of money due to the free implementation of the charge at the specified rate at Point a, b, c, and the 3, 4 of the Water Compensation Expression at Point 1 Article 19 up here.

The cost compensation level is made in accordance with the principle of an area of water, a measure of irrigation and a degree of regulation at Point a, b, c, and the 3.4% of the rate of water collection at the point of paragraph 1 Article 19 above this.

b) The task of the central budget:

-Secure 100% of all costs exempt from management units, exploitation of central irrigation works.

-Support of 100% of the pay-free funding increase in addition to the local budget-receiving income from the central budget.

-Support of 50% of the increased irrigation free funding for local countries with a 50% lower central budget.

-For localities with a regulatory rate of the central budget from 50% or more, the funding increases due to the local budget guaranteed.

c) The assignment of the local budget:

-Ensure that the portion of the cost-free funding has been balanced by the specified annual budget at the Digital Decision 59 /2010/QĐ-TTg September 30, 2010 by Prime Minister of the Government of the Government on the Board of Allocation of the Expenditure Bill of the state budget in 2011.

-For the local budget, the local budget guarantees that 100% of the total cost is exempt from the management units that exploit the local irrigation works.

-For the local budget, the local budget guarantees that 50% of the cost of irrigation is exempt from the local irrigation management units.

3. The management unit exploit the irrigation works as a secondary duty, irrigation of the water that is entitled to subsidies, subsidies, financial support under the rule of law.

The central budget makes subsidies, subsidies, and financial support for the central irrigation works management units.

The local budget performs subsidies, subsidies, and financial support for management units, which exploit local irrigation works.

4. The management unit, which exploits the responsible irrigation works:

a) full service, timely timing of water and water production for agricultural production, aquacowork, and salt-making all the water savings policy.

b) Every year, the management units, which exploit the irrigation works that implement the bill, build a business production plan that reports the competent authorities to approve as follows:

For the management units that exploit the centralization of irrigation works by the central department of the Ministry of Agriculture and Rural Development and the Ministry of Finance.

For the management units that exploit the local-led irrigation works reporting by the Provincial People's Committee, the Central City of Central City to report the Ministry of Finance, Ministry of Agriculture and Rural Development. "

3. Modified, add 4 Articles 27 as follows:

" 4. Government building enacted or enacted in accordance with the jurisdiction of the rule of law that regulates the management of irrigation works, processes, regulations, standards, norms of mining management, maintenance of regular repairs. It ' s a good idea, and it ' s a policy that ' s water-saving and it ' s a policy that encourages water-saving irrigation.

Enact criteria for determining irrigation measures in accordance with current conditions and the provisions of this decree.

The organization, rearranging the management companies that exploit the irrigation works directly to the effective use of irrigation works in accordance with the provisions of the provisions of the provisions of the provisions of this Decree.

Managing the management, operating system of irrigation works. "

4. Modified, add 6 Articles 28 as follows:

" 6. The Ministry of Finance chaired, in collaboration with the Ministry of Agriculture and Rural Development and ministries, the related sector:

a) The Guide to the implementation of the ordering regulations, the planning of the implementation of the irrigation mission, the water consumption of agricultural production of the management units, the exploitation of the irrigation works and the financial management process for the limited liability company a city. The owner of the state is in charge of the operation, exploiting the irrigation works.

b) The Secretariat for the direction of accounting, issuing, management, bar, and accounting for the implementation of a free irrigation policy.

c) The appropriation of a budget bill due to the exemption from the costs of the management companies, the exploitation of the central irrigation works and the management units that exploit the irrigation works of the provinces, the Central City of China reports the National Assembly. approved by the rules of the State Budget Act.

d) Make sure to check out the cost-free irrigation and the use of a level budget for the management companies that exploit irrigation and water-based organizations. "

5. Supplements 10, 11, 12, 13, 14 on Article 29 as follows:

" 10. Implementing specific management hierarchy of irrigation works in the direction of led by the Ministry of Agriculture and Rural Development.

11. Monitoring of the construction of labor levels, the technical economic rating for the management companies that exploit the irrigation works and the organization of water-based cooperation. The decision to plan the planning, order for the units to manage the management, exploit the irrigation works, browse the accounting, the issuing, and manage the funding payment for the units on the management of the irrigation works.

12. Every year the construction of the cost compensation bill is exempt from the management units, which exploit the provincial council irrigation works, the Central City of China considers the decision; aggregation of the Ministry of Finance, the Ministry of Agriculture and Development. It ' s rural in terms of funding.

13. Monitoring the implementation of the collection, the genus, the payment of the funding of the budget by the provisions of the Budget Law.

14. The organization rearrants its management companies, exploiting the province's irrigation works in accordance with the provisions of the provisions that govern the regulation at this decree. "

What? 2. Effect of execution

This decree took effect from 1 January 2013. And replace the digital decree. 115 /2008/NĐ-CP 14 November 2008 by the Government amended, adding some of the provisions of the Fifth Protocol. 143 /2003/ND-CP November 28, 2003 The government rules out some of the provisions of the Ordination of Mining and the Protection of irrigation works.

What? 3. Responsibility for execution

1. The Ministry of Finance chaired, in collaboration with the Ministry of Agriculture and Rural Development directed by the implementation of this decree.

2. The ministers, the chief of the government, the Prime Minister of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung