THE PRIME
MINISTER
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No. 58/2008/QD-TTg
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Hanoi, April 29,
2008
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DECISION
ON
THE STATE BUDGETS TARGETED SUPPORT FUNDS FOR SOME PUBLIC-UTILITY ESTABLISHMENTS
TO THOROUGHLY TACKLE ENVIRONMENTAL POLLUTION AND REDUCE ENVIRONMENTAL
DEGRADATION
THE PRIME MINISTER
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the November 29, 2005 Law on Environmental Protection;
Pursuant to the Prime Ministers Decision No. 64/2003/QDTTg of April 22. 2003,
approving the plan to thoroughly handle seriously polluting establishments;
At the proposal of the Minister of Natural Resources and Environment,
DECIDES:
Article 1. Governing
scope and subjects of application
1. This Decision prescribes the
state budgets targeted support funds for some seriously polluting
public-utility establishments (below referred to as establishments for short)
to execute projects to thoroughly tackle environmental pollution (below
referred to as projects for short).
2. The Decisions provisions on
targeted support funds apply to public-utility establishments named in
Appendices 1 and 2 to the Prime Ministers Decision No. 64/2003/QD-TTg of April
22, 2003, approving the plan to thoroughly handle seriously polluting
establishments, and other newly emerging seriously polluting public-utility
establishments which are approved and have their pollution-tackling measures
decided by competent state agencies, including:
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b/ Hospitals;
c/ Dumping sites;
d/ Sites containing chemical
toxins used by the US during wartime;
e/ Urban daily-life wastewater
treatment stations.
Article 2. Support
conditions
Establishments projects to
thoroughly tackle environmental pollution defined in Clause 2. Article 1 of
this Decision shall be considered for support when fully meeting the following
conditions:
1. Having been approved by
competent state agencies according to current provisions of law and included in
annual budget plans.
2. Having no funds or
insufficient funds for execution.
3. Covering one of the following
contents: destruction of plant protection drugs which have expired or are
banned from circulation, or their containers; treatment or restoration of soil
environment; treatment of pollution caused by residual chemical toxins used by
the US during wartime; construction, renovation or upgrading of medical
wastewater and solid waste treatment systems in hospitals; control of
dumping-site pollution, treatment of dumping-site garbage or wastewater,
closure or environmental restoration of dumping sites, renovation or upgrading
of dumping sites; or treatment of urban daily-life wastewater.
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1. The central budget will cover
100% of funds for projects managed by ministries, ministerial-level agencies or
government-attached agencies.
2. The local budget will cover
100% of funds for projects managed by Peoples Committees of provinces or centrally
run cities. For provinces or centrally run cities which receive central budget
allowances, the central budget will allocate targeted support funds equal to
50% of total funds of projects to thoroughly tackle environmental pollution,
and the local budget will cover the remaining 50%.
3. Funding sources shall be
determined based on the nature and contents of specific expenses for each
project.
Article 4. Support
capital sources
1. Central and local
environmental non-business funds.
2. Development investment
capital.
3. ODA loan.
4. Loans from credit
institutions.
5. Aid capital.
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7. Capital of domestic and foreign
organizations and individuals.
Article 5. Approval of
support funds
1. Annually, pursuant to the
provisions of this Decision, establishments-managing agencies shall formulate
projects to thoroughly tackle environmental pollution and submit them to competent
authorities for approval according to the following regulations:
a/ Provincial/municipal Peoples
Committee presidents shall approve contents of projects and decide on specific
levels of local budgets support funds for locally managed projects; submit the
projects together with proposals on the central budgets targeted support funds
for localities to the Ministry of Natural Resources and Environment and the
Ministry of Finance for synthesis;
b/ Ministers, heads of
ministerial-level agencies or heads of government-attached agencies shall
approve contents of projects managed by ministries, ministerial-level agencies
or government-attached agencies; submit the projects together with proposals on
the central budgets targeted support funds to the Ministry of Natural Resources
and Environment and the Ministry of Finance for synthesis;
c/ The Minister of Natural
Resources and Environment shall propose specific levels of support funds for
projects managed by ministries, ministerial-level agencies or government-attached
agencies: levels of the central budgets targeted support funds for localities
for locally managed projects; submit them to the Ministry of Planning and
Investment and the Ministry of Finance before July 1 every year for synthesis
and submission to the Prime Minister for consideration and decision in
accordance with the State Budget Law.
2. A decision approving contents
of a project must indicate funding sources for the project execution, including
funds of ministries or branches; local funds; the central budgets targeted
support funds to be allocated to localities (if any).
Article 6. Management
mechanism and implementation duration
1. Management mechanism:
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b/ The mechanism for managing
the investment in and construction of works on treatment of wastes of projects
complies with the investment and construction management mechanism.
2. Implementation duration: from
2008 to 2012.
Article 7. Organization
of implementation
1. The Ministry of Natural
Resources and Environment shall:
a/ Assume the prime
responsibility for, and coordinate with the Ministry of Planning and
Investment, the Ministry of Finance as well as concerned ministries, branches
and localities in, organizing the implementation of this Decision;
b/ Assume the prime
responsibility for inspecting and supervising the allocation of targeted
support funds in accordance with this Decision; annually review the situation
of allocation of funds and execution of projects to thoroughly tackle
environmental pollution, and report difficulties or problems (if any) to the
Prime Minister for timely supplementation or adjustment;
c/ Provide loans at concessional
interest rates or financial supports from the Vietnam Environmental Protection
Fund for projects for which targeted support funds have been approved;
d/ Guide the making, and decide
on, a list of to-be-handled seriously polluting establishments.
2. The Ministry of Planning and Investment
shall, at the proposal of the Ministry ofNatural Resources and Environment,
assume the prime responsibility for. and coordinate with the Ministry of
Finance in, planning central budget capital for projects to thoroughly tackle
environmental pollution.
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4. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal Peoples Committees shall:
a/ Direct establishments under
their management to formulate projects to thoroughly tackle environmental
pollution and make cost estimates for these projects, evaluate and approve them
according to current provisions of law, and send them to the Ministry of
Natural Resources and Environment before June 15 every year for incorporation
in plans;
b/ Arrange capital in their
annual plans for projects to thoroughly tackle environmental pollution which
are entitled to the state budgets targeted support funds in accordance with
this Decision;
c/Take responsibility for the
progress, quality and results of execution of projects;
d/ Report annually to the
Ministry of Natural Resources and Environment on the allocation of funds, the
use of targeted support funds, and the execution of projects under this
Decision, and propose solutions to difficulties or problems (if any) to the
Ministry of Natural Resources and Environment for synthesis and report to the
Prime Minister for consideration and decision.
Article 8. Implementation
provisions
Tliis Decision takes effect 15
days after its publication in "CONG BAO."
Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, and
presidents of provincial/municipal Peoples Committees shall implement this
Decision.
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FOR THE PRIME
MINISTER
DEPUTY PRIME MINISTER
Hoang Trung Hai