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Circular 45/2010/ttlt-Btc-Btnmt: Guidelines For The Management Of Funding Environmental Careers

Original Language Title: Thông tư liên tịch 45/2010/TTLT-BTC-BTNMT: Hướng dẫn việc quản lý kinh phí sự nghiệp môi trường

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Pursuant to the law on environmental protection no. 52/2005/QH11 of the National Assembly of the Socialist Republic of Vietnam, POKER 8 session Course, passed on November 29, 2005;

Pursuant to Decree No. 60/2003/ND-CP dated 10 June 2003 from the Government detailing and guiding the implementation of the law on the State budget;

To unify the management of the funding environment, contact President career Finance Ministry-Ministry of natural resources and environment of the Guide as follows: article 1. General provisions 1. This circular regulates the management of funding environmental career made the task of environmental protection by the State budget guarantees.

2. environmental protection tasks by the Ministry, ministerial-level agencies, government agencies and other agencies in the Central Government (hereinafter referred to as the Ministry, Central Agency) conducted by the central budget funding secured; the task of environmental protection by the authorities, the local unit made by local budget funding secured.

The Ministry of finance in cooperation with the Ministry of planning and investment, Ministry of natural resources and the environment, the people's committees of provinces and cities under central authority the layout of funding environmental career not lower 1% of the balance of the State budget in the annual budget estimates.

3. With regard to the project, the project on the protection of the environment must be approved by the new authority qualified to arrange funding and implementation.

4. The agencies, organizations, individuals must use the correct environment career funding purposes, the true mode, subject to inspection by competent authorities and funding settlement already use, make public the budget according to the current rules.

5. The task of the State budget expenditure on the protection of the environment in other funding sources (such as payment from sources of scientific career, capital construction and other capital sources) do not belong to the range of adjustments specified in this circular.

Article 2. Decentralized task of environmental protection.

1. the task of the central budget, include: a) ensure the operation of the monitoring system and the analysis of national environment under decision No. 16/2007/QD-TTg dated January 29, 2007 by the Prime Minister on the approval of the overall planning and observation network environment by 2020 national bodies , the central management unit (including the network of observation and analysis of the environment); implementation of the monitoring program the current state of the environment, the impact on the environment.

b) supports the Mission of environmental protection projects was approved by the authority, including the content: build the project, survey, analysis reviews the situation of pollution, make the handling of environmental pollution, licensed waste treatment technology (if any), check , project:-project handling thorough the base cause serious environmental pollution in the area of public utility by the central management (the project has spent his career disposition from funding the environmental careers), in the project list by decision No 64/2003/QD-TTg dated 22/4/2003 by the Prime Minister approving the plan handle radically to the base causing serious environmental pollution; Decision No. 58/2008/QD-TTg dated 29/4/2008 by the Prime Minister on the targeted support from the State budget to handle radically, overcoming pollution and minimize environmental degradation for some objects in the public interest.

-Collection, transport, processing, recycling, reducing handling, burying the waste exists, control the sources of waste and environmental pollution spots exist save by the central management.

-Waste disposal project for some hospitals, health facilities, schools, detention facilities of the State by the central management there sources or low income.

-The project, the project on the protection of the environment layout from funding environmental career according to the decision of the Prime Minister.

c) make the prevention of environmental incident response, countries; includes support equipment, and the operation of the rescue environment issues; handling of environmental pollution due to natural disaster.

d) management of natural protected areas of the State; management of care, nurture, breed some rare animal species at risk of extinction by the central management.

DD) build and maintain information systems operations, environmental database (including the collection, processing and exchange of information); the warning information system for community environment.

e) environmental reports periodically and irregularly; evaluation of the environmental assessment report strategy.

g) formulate and promulgate standards, technical-economic norms, technical process on the protection of the environment; strategy, planning, environmental protection plans.

h) professional activities, inspectors checked the implementation of the law on the protection of the environment.

I) advocacy, dissemination, education and environmental legislation; professional training on the protection of the environment to the provincial level.

k) Genus award, rewarded the national level on the protection of the environment for organizations and individuals to contribute in the Mission of environmental protection is authorized to decide;

l) activities of the Steering Committee, the Executive Committee, the permanent Office of environmental protection is authorized to decide; capital for the international cooperation projects on environmental protection (if any).

m) environmental protection fund to support Vietnam.

n) support for local projects are competent to decide.

p) evaluation report reviews the environmental impacts (after the State Agency has the authority to enact regulations on writing assessment fee assessment report, environmental impact will spend from paid sources are left to perform).

q) other activities related to the tasks of environmental protection.

2. the task of the local budget, include: a) ensure the operation of the monitoring system and the analysis of the environment under decision No. 16/2007/QD-TTg dated January 29, 2007 by the Prime Minister on the approval of the overall planning and observation network environment by 2020 national bodies the local unit, management (including network of observation and analysis of the environment); implementation of the monitoring program the current state of the environment, the implications for the local environment.

b) supports the Mission of environmental protection projects was approved by the authority, including the content: build the project, survey, reviews the situation of pollution, make the handling of environmental pollution, licensed waste treatment technology (if any), inspection, testing the project :-project handling thorough the base cause serious environmental pollution in the area of public utility by local managers (for the project has spent his career disposition from environmental career funding source) in the project list by decision No 64/2003/QD-TTg dated 22/4/2003 by the Prime Minister approving the plan handles thoroughly the facilities causing serious environmental pollution; Decision No. 58/2008/QD-TTg dated 29/4/2008 by the Prime Minister on the targeted support from the State budget to handle radically, overcoming pollution and minimize environmental degradation for some objects in the public interest.

-Collection, transport, processing, recycling, reducing handling, burying waste in local areas. Operational landfills sanitary waste.

-Waste disposal project for some hospitals, health facilities, schools, detention facilities of the local State administration do not have low income or revenue.

-The project, the project on the protection of the environment layout from funding environmental career according to the decision of the authority.

c) management of public sanitation; support equipment, waste collection vehicles, sanitation activities in residential, public place.

d) make the prevention, responding to local environmental problems; includes support equipment, and the operation of the rescue environment issues; support the environment after environmental incidents.

DD) manage the nature reserve of the State; management of care, nurture, breed several species of rare animals in danger of extinction due to local management.

e) construction and maintenance of information systems, the database of the local environment (including the collection, processing and exchange of information); the warning information system for community environment.

g) environmental reports periodically and irregularly; evaluation of the environmental assessment report of local strategies.

h) construct and enact standards, technical-economic norms, technical process on the protection of the local environment; strategy, planning, environmental protection plans.

I) business operations inspector, checking the implementation of the law on the protection of the local environment.

k) advocacy, dissemination, education and environmental legislation; professional training on the protection of the environment.

l) Chi Awards, rewarded on the protection of the environment for organizations and individuals to contribute in the Mission of environmental protection is authorized to decide.

m) activities of the Steering Committee, the Executive Committee, the permanent Office of environmental protection is authorized to decide; capital for the international cooperation projects on environmental protection (if any).

n) support environmental protection Fund of local (if any).

p) confirmed a commitment to protect the environment.

q) other activities related to the tasks of environmental protection.

The delineation of the specific task of protecting the environment of the local budget for the local budget level by provincial people's Committee of the people's Councils at the same level.

Article 3. Spending: spending made the task of environmental protection to follow norms, modes of current financial expenditure by the competent State Agency regulations.

Some specific costs are as follows:-the work of the Conference fee, fee, as stipulated in the circular of Ministry of finance regulations, charges expenditure mode work organizing conferences for State agencies and business units.


-Build a database perform as specified in circular No. 137/2007/TT-BTC on 28/11/2007 of the Ministry of finance to create spending guidelines for electronic information; Circular No. 43/2008/TTLT-BTC-BTTTT on 26/5/2008 of the Ministry of finance and the Ministry of information and communication guide the management and use of funds spent on information technology application in the operation of State bodies.

-Sample analysis done according to circular No. 83/2002/TT-BTC on 25/9/2002 of the Ministry of finance regulation modes of Garner, file the management and use of fees on measuring quality standards and other regulation documents.

-The support level of handling thorough the base cause serious environmental pollution in the area of public utility made by decision No. 58/2008/QD-TTg dated 29/4/2008 by the Prime Minister on the targeted support from the State budget to handle radically, overcoming pollution and minimize environmental degradation for some objects in the public interest.

This circular instruction more specifically some of the costs (in Appendix attached).

Article 4. Created, Executive and State budget settlement: the creation, distribution, Executive and settlement funds spent on environmental career made under the provisions of the law on the State budget and the writing guide; This circular instruction more specifically some of the following: 1. A base estimate: the base environmental protection mission has been approved by the authorized cost estimation, the task of environmental protection was established under the provisions of circular No. 01/2008/TTLT-BTC-BTNMT on 29/4/2008 of the Ministry of natural resources and environment, the Ministry of finance estimating guide the Environmental Protection Department in funding environmental career.

2. The process of establishing, estimation distribution: annual base the directive of the Prime Minister about the construction plan of socio-economic development and State budget estimates next year, circular building the following year budget estimates of the Ministry of finance; Ministry of natural resources and the environment of professional guide, Mission focus environmental protection activities for the central ministries and agencies and the provinces, central cities, as a base to build environmental career spending estimates.

-In: Central, Central Agency guidance on mission specialization, the focus of environmental protection activities for the subdivisions.

The proactive financial allocation and notification of test environment career spending next year for each Ministry, the Central Agency.

The Ministry, the Central Agency estimating environmental career spending sent the Ministry of natural resources and the environment, at the same time General estimating next year to send the Ministry of finance, the Ministry of planning and investment under the provisions of the law on the State budget.

Ministry of natural resources and the environment General estimation of the environmental career spending ministries, the central authorities sent the Finance Ministry before April 20, the year before the plan to aggregate into schemes of the central budget allocated to Government report submitted to the National Assembly to review the decision.

-In: the local resources and environment guide of expertise, Mission focus the environmental protection activities of the local.

Local financial authority actively proposed allocation of expenditure for environmental career test to the people's committees at the same level reported for each agency, subdivisions.

The Agency, the local unit estimating environmental career spending sent the Agency of natural resources and the environment, at the same time General estimating next year to send financial agency, agency planning and investment at the same level as prescribed by the law on the State budget.

Resource agencies and local environment General estimation of environmental career spending agencies, financial agencies sent units to the same level of review, the overall general budget estimation on the same level people's committees report to the Board of the people the same level of consideration and decision.

The Department of natural resources and the environment in collaboration with the Department of Finance reported the provincial people's Committee of the people's Councils at the same level determines the total spent his career protecting the environment of the local budget guarantee not lower target environmental career guide by the Ministry of Finance announced.

3. About accounting: funds spent on environmental career as prescribed in this circular are reflected on the kind of settlement and 280 "environmental activities" with the corresponding Clause, according to the corresponding Chapter of the ministries, local and details according to the index of the State budget.

Article 5. Inspection, check: The governing body at Central and local levels have responsibilities in cooperation with financial institutions, resource and environmental agencies in the same level of checking, irregularly the subdivisions on implementation of the tasks of environmental protection, the management of use , settlement funding environmental career, in order to ensure use of the correct funding purposes, effectively.

Article 6. Implementation of this circular are enforceable after 45 days from the date of signing and replacing circular No. 114/2006/TTLT-BTC-BTNMT on December 29, 2006 of Ministry of Finance-Ministry of natural resources and the environment guide the management of funding environmental career.

With regard to the content of the genus from funding environmental career not specified in this circular shall follow the guidance documents of the Ministry of finance, Ministry of natural resources and the environment.

In the process, if there are obstacles, suggest the unit reflects on the Ministry of finance, Ministry of natural resources and the environment to study, modify and supplemented accordingly./.