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Circular 15/2005/ttlt/btc-Btnmt: Guidelines For The Management And Use Of Funding Economic Career Performing Tasks Of Environment Protection

Original Language Title: Thông tư liên tịch 15/2005/TTLT/BTC-BTNMT: Hướng dẫn việc quản lý và sử dụng kinh phí sự nghiệp kinh tế thực hiện nhiệm vụ bảo vệ môi trường

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CIRCULAR guiding the management and use of funding economic career made the task of environmental protection pursuant to Decree No. 60/2003/ND-CP dated 10 June 2003 from the Government detailed rules and guidelines for implementing the law on the State budget;
Pursuant to Decree No. 175-CP dated 18 October 1994 the Government passed the environmental protection Law, Decree No. 142/2004/ND-CP dated 12 July 2004 by the Government on the amendments and supplements article 14 of Decree 177/CP dated 18 October 1994 the Government instructed the environmental protection Law enforcement to manage and use use of funding economic career made the task of protecting the environment, President-Ministry of Finance Ministry of natural resources and the environment Guide content and some spending mode performs the task of protecting the environment as follows: part I GENERAL PROVISIONS 1. This circular defined the management and use of funding economic 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 by the central budget implementation ensuring the funding activity; the task of environmental protection by the authorities, the local unit made by local budget secured.
3. The tasks of environmental protection in other secured funding sources (such as payment from sources of scientific career, capital construction, Vietnam environment protection Fund) is not in the range of adjustments specified in this circular.
PART II SPECIFIC RULES 1. Decentralized task of environmental protection.
a. the mission branch of the central budget, consisting of:-a basic investigation of components of the environment (soil, water, air, biodiversity, etc.); statistical investigation of waste, pollution, degradation and environmental problems in the key areas, industrial zones, the points remain stored chemical toxins due to war;
-Census, survey, reviews the environmental problems and the environmental impact of building and perfecting the mechanism of policy, strategy, development of the environment and the legal text, process, technical, building standards, norms of State management of environmental protection;
-Monitoring and analysis activities in the environment due to the Agency, the central management unit; collect, handle, store, provide information, Census and environmental monitoring; construction of the current state of the environment report, national environmental reports periodically and irregularly;
-Constructed, organizational performance management model test on the protection of the environment, applying scientific and technological advances, technology in environmental protection;
-Implementation of the projects environmental impact assessment;
-Construction of the national database, a database of socio-economic areas, the large river basin on the environment;
-The inspection activities; testing, environmental pollution control, waste management, environmental problems; the following activity report evaluation of environmental impact assessment of the State administration of environmental protection;
-Granted, renewed, revoked the certificate of environmental standards and the other environmental permits as required by law;
-Directing, organizing the activities of information, propaganda, popular education, the law on the protection of the environment;
-Organization of training, international cooperation, training, conferences, seminars, professional expertise on the protection of the environment;
-Environmental awards to organizations and individuals to contribute in the Mission of environmental protection is authorized to decide;
-Shops, repair the equipment serves the professional duty to protect the environment;
-Reciprocal Capital projects related to environmental protection activities;
-Funding the operation of the Steering Committee, the Executive Committee, a permanent Office on the protection of the environment was established by the decision of the authority;
-Other duties related to environmental protection.
Private assessment mission report reviews the environmental impact be secured from sources "establish Fees and appraisal report environmental impact assessment" as defined in Decree No. 57/2002/ND-CP dated 3/6/2002 detailed rules of Government Ordinance enforcement fees and charges.
b. the mission branch of the local budget, consisting of:-a basic investigation of components of the environment (soil, water, air, biodiversity, ...) to serve the protection of the environment and social-economic development locally;
-Survey of environmental pollution situation in the key region for economic development, industrial zone, the point exists save chemical toxins due to war again locally;
-Operation of the observation and analysis of local environment; the collection, processing, Exchange and store information, data on the environment; construction of the current state of the environment reports and other reports on the local environment;
-Sampling and sample analysis is first made the charge on the protection of the environment;
-Census, survey, test the build, deploy the application model on the management and protection of local environment;
-Implementation of the projects environmental impact assessment locally;
-Build a database about local environmental protection;

-The inspection activities; testing, environmental pollution control, waste management, environmental problems; the following activity report evaluation of environmental impact assessment of the State administration of environmental protection locally under decentralized;
-Granted, renewed, revoked the certificate of environmental standards and the other environmental permits as required by law;
-Implementation of the activities of information, propaganda, popular legal education; training, conferences and professional seminars on the protection of the local environment;
-Environmental awards to organizations and individuals to contribute in the task of protecting the environment at the local level has the authority to decide;
-Procurement of equipment serving the professional duty of protecting the local environment;
-Capital for the international project on the protection of the local environment;
-Other duties relevant to the task of protecting the local environment;
The delineation of the specific task of protecting the environment of the provincial budget, the budget and the budget granted by the Township Committee of the provincial people's Council issued the decision.
Private assessment mission report on local environmental impact follow hierarchy is guaranteed from the source currency "Fees and appraisal report of environmental impact assessment" as defined in Decree No. 57/2002/ND-CP dated 3/6/2002 detailed rules of Government Ordinance enforcement fees and charges.
2-some specific spending:-mode for the relevant content to perform the duty to protect the environment are performed according to the regulations.
-This circular guide some specific spending (as per the attached appendix).
3-making, Executive and State budget settlement: The estimating and finalizing funding spent on environmental protection task to follow the regulations of the law on the State budget and the current text of the Ministry of finance. This circular instruction specifically some of the following: a-about the establishment and allocation of estimation: every year based on the directive of the Prime Minister, circular estimating the budget of the Ministry of finance, the implementation of the mission on the protection of the environment, guidance documents of the Ministry of natural resources and the environment on the environmental protection nhịêm of the year the plan; the Agency, the unit was delivered directly to perform the duty to protect the environment in the Central and local estimating expenditure on environmental protection along with the estimation of the superior management agency sent to general financial institutions send the same level, and sent to the State Agency on environment to coordinate implementation. The financial authorities of the same general level of environmental protection expenditure estimation to estimate the annual budget and the authority to review the decision.
Estimating cost of performing the task of environmental protection was established and defined for the Group of work referred to in the annex of the circular according to the following principles: – for the task of environmental protection has had technical-economic norms: estimation of funding is determined on the basis of the workload (x) the current unit price. Technical-economic norms by Ministry of natural resources and the environment issued after reunification with the ministries concerned.
-For the task are not technical-economic norms: estimation of funding were established according to the volume of work is approved by the authority and the financial expenditure of the State.
Based on the annual budget estimates are competent; the Ministry, the central authorities and bodies, in particular the allocation of local expenditure estimation of environmental protection tasks along with budgeting for the subsidiaries and the aggregate financial agencies send the same level to the evaluation as required by the law on the State budget.
b-on the implementation of the nhịêm service, estimation and settlement:-About the authority to approve the project, the project on the protection of the environment: + resources and the environment chaired approved the project, the environmental project of the national level (the interdisciplinary nature, region).
+ Ministries, ministerial agencies, government agencies implement approved projects, the project, the task of the Ministry, the industry in the scope of the ministries in charge; implementing the task of environmental protection within the estimation are competent and make payment as required.
+ The people's Committee of the central cities, made the project approval, project, the task of environmental protection hierarchy for local implementation.
-The expenditure made for the task of protecting the environment as defined in this circular are to reflect the settlement and on the type of clause 11-12 "investigative activities, exploration, survey, advice ..." in the field of the environment, according to the corresponding chapter of the ministries, local and details according to the index of the State budget.
4-inspection, check: The governing body at Central and local levels have responsibilities in cooperation with financial institutions and the State Agency on environment the same level of checking, irregularly the subdivisions on implementation of the tasks of environmental protection, the management of use , settlement funding for environmental protection, in order to ensure the funding is properly delivered by the authorized purposes, effectively.
PART III

IMPLEMENTATION of this circular have the effect after 15 days from the date The report. All previous provisions contrary to this circular are repealed.
 
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./.