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The Decree 158/2007/nd-Cp: Modifying, Supplementing A Number Of Articles Of 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 ...

Original Language Title: Nghị định 154/2007/NĐ-CP: Sửa đổi, bổ sung một số điều của Nghị định số 143/2003/NĐ-CP ngày 28/11/2003 của Chính phủ quy định chi tiết thi hành một số điều của Pháp lệnh khai thác và bảo vệ ...

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on water resources, 20 May 1998;

Mining Ordinance base and protect irrigation on 04 April 2001;

Basing the Ordinance on fees and charges Aug. 28, 2001;

Considering the recommendation of the Minister of finance DECREE: article 1. Modifying, supplementing a number of articles of 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 (hereinafter the Decree No. 142/2003/ND-CP) as follows: 1. To modify article 19 paragraph 1 point a, as follows : "a) irrigation fees are collected in Vietnam.

-Free-of-charge for irrigation: + households, individuals have land, water use in agriculture, forestry, aquaculture and the salt in the traffic limit of agricultural land, including: land allocated by the State, are inherited, for, gift, assignee, including part of the land area of 5% on local management of public utility that households personal, or bidding rights to use;

+ Geographical socio-economic conditions particularly difficult and geographical socio-economic conditions of difficulty according to the provisions of the investment law are free of charge for the entire irrigation land, water use in agriculture, forestry, aquaculture, salt; regardless in or out of land allocation limit.

-Excess currency irrigation fees are determined according to the irrigation level frame the charge specified in point b, c and the items 3, 4 and 5 of point d of paragraph 1 article 19 of decree 142/2003/ND-CP.

-No long irrigation fees for: + land beyond the limits allocated to households, individuals;

+ Active enterprises supplying water for industrial production, the goal of water for industrial production, the water level for water plants, hydro-electric, business travel, transportation through the drain, locks and other activities benefit from irrigation;

+ Organizations and individuals filed charges for irrigation water cooperation under the agreement for the operation of the cooperative use of water from the drain position the head Canal of water cooperation to the rice field.

-The Ministry of Finance shall guide the certification as long and not exempt irrigation fees regulation at this point. "

2. Add Article 19a on Decree No. 142/2003/ND-CP DATED as follows: "article 19a. For the policy management unit, dig irrigation: 1. The unit management, exploitation of irrigation include: mining company State irrigation works, joint-stock companies, the people's Committee of social, cooperative, cooperative water management irrigation system are State-level budget compensation amount due to irrigation fees income exemption the provisions of this Decree.

2. the central budget to ensure funding to compensate for the Unit Manager, tap irrigation irrigation corresponding fees are waived. Separate the central cities, there are more articles about the central budget revenues, the self assured funding to compensate for the unit management, the exploitation of local irrigation with corresponding number of irrigation fees be waived.

Local budget funding assurance mission maintenance, maintenance, repair, overhaul and support according to the current mode for the irrigation of the unit management, the exploitation by the local irrigation management.

3. management company, tapping the State irrigation done reordering, change management method when the long currency policy, irrigation workers redundant if the redundant workers are entitled to such policy rules apply to workers redundant by State companies when converted property , dissolution, bankruptcy. Funding to address labour policy redundant are retrieved from the Fund support organiser business at the Investment Corporation and the State capital.

4. Company management, irrigation mining State budget funding to handle debt elimination and hydraulic hole by standing objective causes to the prior policy of irrigation fees exemption prescribed in this Decree.

The central budget support for the company management, the exploitation of irrigation by the Central Administration; local budget support for company management, harnessing the local irrigation management.

 5. Company management, harnessing the irrigation company, State, town Committee, cooperative, responsible water user cooperation: a) full service, timely progress on services and irrigation water for agriculture, forestry, aquaculture and salt at the same time implementing thorough policies to save water;

b) every year, the management and exploitation of hydraulic engineering estimating, building production planning, business report the competent bodies for approval as follows: – for the Unit Manager, tap irrigation management reports by the Central Ministry of agriculture and rural development and the Ministry of finance.

-For the management unit, dig irrigation management by the local people's Committee report, the central cities to sum reported the Ministry of finance, Ministry of agriculture and rural development. "

3. Amendments, supplements article 27 paragraph 4 as follows: "4. the build process of the Government issued or issued under the authority of the legal texts on decentralized management of irrigation works, processes, rules, standards, and norms of protection management, water use, maintenance repair regularly irrigation and water-saving bonus policy.

 Organize, rearrange the company management, harnessing the irrigation works directly to the efficient use of irrigation under irrigation new fee collection policy.

Oversee the management and operation of the irrigation system. "

4. Amend paragraph 6 to article 28 additional as follows: "6. The Ministry of finance, in cooperation with the Ministry of agriculture and rural development and related agencies: a) guide the planning delivery mode, perform the task, the irrigation water to agricultural production for the company management mining, irrigation and financial management regulation for the companies.

b) issued guidance documents created, allocate, manage settlement funding when making exempt irrigation fees collected.

c) synthesis estimation by spending long currency cost of irrigation management company, tapping the Central irrigation works and the company management, harnessing the irrigation of the provinces and cities under central Government report submitted to the National Assembly ratified in accordance with the law on the State budget.

d) make check, supervise the long currency and irrigation using the budget provided for the company management, irrigation and mining cooperatives. "

5. additional items 10, 11, 12, 13, 14 to article 29 as follows: "10. Implement specific management divisions of the irrigation works according to the regulations of the Ministry of agriculture and rural development.

11. Oversee the construction the labour norms, technical-economic norms for the company management, mining and irrigation water cooperation. Regulation method of support for company management, mining, irrigation water cooperation, including the contents of the plan to provide irrigation, drainage services, estimating, allocate, manage settlement funding.

12. Every year, on the basis of construction estimating support (including support to make long irrigation mode charge; aid spent on maintenance, repair of irrigation) for units management, harnessing the irrigation, people's Committee Chairman, the central cities of synthesis process of people's Council the central cities, consider, decide (for local regulation of the central budget revenues); synthesis report of the Ministry of finance, Ministry of agriculture and rural development on the funding levels of support (for the right local support from the central budget).

13. Monitoring of the implementation of currency, payment, the account of the State budget support.

14. Organization of the company management, harnessing the irrigation Department in the management of local irrigation as a method of collecting new charges. "

Article 2. The Decree has effect from January 1, 2008.

Article 3. The Ministry of finance, in cooperation with the Ministry of agriculture and rural development, guiding the implementation of this Decree.

Article 4. The 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 Decree.