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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
115/2008/ND-CP
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Hanoi,
November 14, 2008
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DECREE
AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE
GOVERNMENT’S DECREE NO. 143/2003/ND-CP OF NOVEMBER 28, 2003, DETAILING THE
IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON EXPLOITATION AND
PROTECTION OF IRRIGATION WORKS
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the May 20, 1998 Law on Water Resources;
Pursuant to the April 4, 2001 Ordinance on Exploitation and Protection of
Irrigation Works;
Pursuant to the August 28, 2001 Ordinance on Fees and Charges;
At the proposal of the Minister of Finance,
DECREES:
Article 1.
To amend and supplement a number of articles of the Government’s Decree No.
143/2003/ND-CP of November 28, 2003, detailing the implementation of a number
of articles of the Ordinance on Exploitation and Protection of Irrigation Works
as follows:
1. To amend and supplement Article 19 as
follows:
“Article 19. Irrigation charge
rates and irrigation charge exemption
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a. Irrigation charge rate bracket
for land under rice:
No.
Regions
and work methods
Charges
(VND
1,000/ha/crop)
1
Mountainous areas nationwide
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670
- Irrigation and drainage by
gravity
566
- Irrigation and drainage by
gravity in combination with motors
635
2
Red River delta
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- Irrigation and drainage by
motors
1,097
- Irrigation and drainage by
gravity
982
- Irrigation and drainage by
gravity in combination with motors
1,040
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Northern midlands and Northern
Region IV
- Irrigation and drainage by
motors
955
- Irrigation and drainage by
gravity
886
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920
4
Southern Region IV and central
coast
- Irrigation and drainage by motors
939
- Irrigation and drainage by
gravity
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- Irrigation and drainage by
gravity in combination with motors
866
5
Central Highlands
- Irrigation and drainage by
motors
751
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- Irrigation and drainage by gravity
658
- Irrigation and drainage by
gravity in combination with motors
728
6
Southeastern region
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886
- Irrigation and drainage by
gravity
801
- Irrigation and drainage by
gravity in combination with motors
839
7
Mekong River delta
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- Irrigation and drainage by
motors
1,055
- Irrigation and drainage by
gravity
732
- Irrigation and drainage by
gravity in combination with motors
824
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- For cases of only creating
sources for irrigation and drainage by gravity, charges are equal to 40% of the
above rates.
- For cases of only creating
sources for irrigation and drainage by motors, charges are equal to 50% of the
above rates.
- For cases of taking advantage of
tide for irrigation and drainage, charges are equal to 70% of the rates
applicable to irrigation and drainage by gravity.
Provincial-level People’s
Committees shall specify lists of works and irrigation and drainage methods
applicable to each irrigation work under their management.
b. For areas under rice seedlings,
vegetables, subsidiary crops and short-term industrial crops, including winter
crops, irrigation charges are equal to 40% of the rates applicable to land
under rice.
c. Irrigation charges applicable to
salt production are equal to 2% of the value of finished salt products.
d. Water-use levy rate bracket for
organizations and individuals using water or providing services from irrigation
works for purposes other than food production:
No.
Water
users
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Charges
by work methods
Electric
pumping
Reservoir
dams, canals
1
Water supply for industrial and
small industrial production
VND/m3
1,500
750
2
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VND/m3
1,100
750
3
Water supply for irrigation of long-term
industrial, fruit, flower and pharmaceutical crops
VND/m3
850
700
4
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VND/m3
700
500
VND/m2
of open water surface
2,500
5
- Aquaculture in irrigation
reservoirs;
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%
of output value
7%
-10%
8%-10%
6
Transport through ship locks,
sluice gates of irrigation systems:
- Boats, barges
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VND/ton/passage
VND/m2/passage
6,000
1,500
7
Use of water from irrigation works
for electricity generation
%
of value of commercial electricity output
8%
-12%
8
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Total
turnover value
10%
-15%
- When water is taken in volume,
the water charge rate shall be calculated at the water-receiving places of
water users.
- In case of water supply for irrigation
of long-term industrial, fruit, flower and pharmaceutical crops, if it is
impossible to calculate in cubic meter (m3), charges shall be
collected based on the area (ha) at the rate equal to 40% of irrigation charge
rate applicable to land under rice.
Provincial-level People’s
Committees shall specify charge rates set at Items 5,7 and 8 of the water-use
levy bracket prescribed at this Point suitable to the conditions of local
irrigation work systems and in accordance with current regulations on decentralization
of irrigation work organization and management.
2. The irrigation charge rates
specified at Points a, b and c, Clause 1 of this Article are calculated from
the starting sluice positions of canals of water-using cooperatives to the key
items of irrigation works.
Provincial-level People’s
Committees shall prescribe the starting sluice positions of canals of
water-using cooperatives for each work system.
3. Water-using cooperatives shall
reach agreement with water users on service charges for taking water from
starting sluice positions of canals to fields (intra-field canals) which,
however, must not exceed the limits set by provincial-level People’s
Committees.
4. Irrigation charge rates for
irrigation works not funded or partially funded by the state budget shall be
agreed upon between irrigation work management and exploitation units and
water-using households and approved by provincial-level People’s Committees.
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a. Scope of exemption:
- Irrigation charges are exempt
for areas of land and water surface within the farm land allocation quotas for
households and individuals to use in agricultural, forestry and salt production
and aquaculture, including state-allocated and lawfully inherited, donated,
presented and transferred land, including the 5% locally managed public land
area over which households and individuals have acquired the use rights through
assignment or bidding.
- Irrigation charges are exempt
for the entire areas of land and water surface for agricultural, fishery and
salt production and aquaculture of households and individuals in special socioeconomic
difficulty- and socio-economic difficulty-hit areas as prescribed by the
Government.
Irrigation charges on land and
water surface areas exempt from irrigation charges under this Point for which
it is impossible to distinguish between water supply, irrigation and drainage
from irrigation works funded by the state budget or other sources shall be
collected according to State-prescribed rates or under agreement.
b. Irrigation charge exemption
levels:
- Irrigation charge exemption
levels for cases of using water from state budget-funded irrigation works shall
be calculated according to the rates specified at Points a, b and c and Items 3
and 4 of the water-use levy bracket specified at Point d, Clause 1 of this
Article.
- Irrigation charge exemption
levels for cases of using water from irrigation works not funded or partially
funded with the state budget shall be calculated according to irrigation charge
rates under agreement specified in Clause 4 of this Article.
6. Cases ineligible for irrigation
charge exemption specified in Clause 5 of this Article are subject to
irrigation charges under this Decree.”
2. To add Article 19a as follows:
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1. Irrigation work management and
exploitation units are eligible for state budget subsidies of the exempted
irrigation charge amounts prescribed in this Decree.
2. Levels of subsidy are specified
as follows:
a. Units managing and exploiting
state budget-funded irrigation work systems are entitled to state budget
subsidies for the exempted irrigation charge amounts calculated according to
the charge rates specified at Points a, b and c and Items 3 and 4 of the
water-use levy bracket specified at Point d, Clause 1, Article 19 of this
Decree.
b. Units managing and exploiting
irrigation work systems not funded or partially funded by the state budget and
collecting irrigation charges under agreement are entitled to state budget
subsidies for the exempted irrigation charge amounts calculated according to
the rates specified in Clause 4, Article 19 of this Decree.
c. Central budget spending tasks:
- To ensure 100% of exempted
irrigation charge amounts for centrally run irrigation work management and
exploitation units.
- To ensure 100% of exempted
irrigation charge amounts for localities receiving additional central budget
allocations. The central budget shall support local budgets the exempted
irrigation charge amounts for cases of collecting irrigation charges under
agreement, but not exceeding 1.2 times the charge rates specified in Clause 1,
Article 19 of this Decree.
- To support 50% of the exempted
irrigation charge amounts for localities having less than 50% of incomes
transferred to the central budget (except for localities registering high
income growth in which case local budgets shall cover these amounts
themselves). The central budget shall support local budgets the exempted
irrigation charge amounts for cases of collecting irrigation charges under
agreement, but not exceeding 1.2 times the charge rates specified in Clause 1,
Article 19 of this Decree.
- To support the deficit for
localities which have to use local budgets to perform some or all of the tasks
specified at Point d of this Clause when local budgets register a deficit due
to objective reasons or a low income growth after using 50% of increased local
budget revenues (if any) and 50% of local budget reserves according to the
estimates assigned by the Prime Minister.
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- For localities having 50% or
more of incomes transferred to the central budget, local budgets shall ensure
100% of the exempted irrigation charge amounts for local irrigation work
management and exploitation units.
- For localities having less than
50% of incomes transferred to the central budget, local budgets shall ensure
50% of the exempted irrigation charge amounts for local irrigation work
management and exploitation units.
- Local budgets shall ensure funds
to offset the difference between the actually exempted irrigation charge
amounts and the central budget supports for cases of collecting irrigation
charges under agreement prescribed in Clause 4, Article 19 of this Decree.
3. Irrigation work management and
exploitation units performing water supply, irrigation and drainage tasks are
entitled to subsidies, price subsidies and financial supports under law.
The central budget shall provide
subsidies, price subsidies and financial supports for central irrigation work
management and exploitation units.
Local budgets shall provide
subsidies, price subsidies and financial supports for local irrigation work
management and exploitation units.
4. State irrigation work
exploitation companies shall reorganize themselves and change their management
methods upon irrigation charge exemption. Their redundant laborers, if any, are
entitled to policies applicable to redundant laborers upon change of ownership,
dissolution and bankruptcy of state companies. Funds for paying entitlements to
redundant laborers shall be taken from the Enterprise Reorganization Support
Fund at the State Capital Investment and Trading Corporation.
5. State irrigation work
exploitation companies are entitled to financial supports to cover outstanding
debts of irrigation charges and losses due to objective reasons.
The central budget shall support
central irrigation work management and exploitation companies.
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When local budgets having
difficulties in securing funds to support irrigation work management and
exploitation companies, provincial-level People’s Committees shall report such
to the Ministry of Finance for sum-up and submission to the Prime Minister for
decision.
6. Irrigation work management and
exploitation units shall:
a. Provide adequate and timely
irrigation and drainage services for agricultural, forestry, aquaculture and
salt production while conserving water to the utmost.
b. Elaborate annual cost estimates
and production and business plans and submit them to competent agencies for
approval as follows:
Centrally run irrigation work
management and exploitation units shall report to the Ministry of Agriculture
and Rural Development and the Ministry of Finance.
Locally run irrigation work
management and exploitation units shall report to provincial-level People’s Committees
for further report to the Ministry of Finance and the Ministry of Agriculture
and Rural Development.”
3. To amend and supplement Clause 4, Article
27 as follows:
“4. To elaborate legal documents
and promulgate them according to its competence or submit them to the
Government for promulgation on decentralization of irrigation work management,
and processes, regulations, standards and norms for water protection and use
and regular maintenance and repair of irrigation works, and reward polices for
water conservation.
To organize and rearrange
irrigation work management and exploitation companies under their management to
efficiently use irrigation works according to the new policies on irrigation
charges.
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4. To amend and supplement Clause 6, Article
28 as follows:
“6. The Ministry of Finance shall
assume the prime responsibility for, and coordinate with the Ministry of
Agriculture and Rural Development and concerned ministries and branches in:
a. Guiding the implementation of
regulations on bidding, placement of orders, assignment of tasks of irrigation
and drainage for agricultural production of irrigation work management and
exploitation units and the regulation on financial management of state
irrigation work management and exploitation companies.
b. Promulgating documents guiding
the elaboration of cost estimates and allocation, management, payment and
settlement of expenses concerning irrigation charge exemption.
c. Synthesizing budget spending
estimates for irrigation charge exemption by central irrigation work management
and exploitation companies and irrigation work management and exploitation
units of provinces and centrally run cities and report them to the Government
for submission to the National Assembly for approval under the State Budget
Law.
d. Examining and supervising the
irrigation charge exemption and use of budgets allocated to irrigation work
management and exploitation companies and water-using cooperatives.”
5. To add Clauses 10, 11, 12, 13 and 14 to
Article 29 as follows:
“10. To decentralize the management
of specific irrigation works under the guidance of the Ministry of Agriculture
and Rural Development.
11. To supervise the formulation
and issuance of labor and econo-technical norms for irrigation work management
and exploitation companies and water-using cooperatives. To decide on the modes
of assignment of plans and placement of orders for irrigation work management
and exploitation units, to approve cost estimates and allocate and manage the
payment and settlement of, funds for irrigation work management and
exploitation units.
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13. To supervise the collection,
spending, payment and settlement of budget supports.
14. To organize the rearrangement
of provincial irrigation work management and exploitation companies in
accordance with the new irrigation charge policies.”
Article 2.
This Decree takes effect on January 1, 2009, and replaces the Government’s
Decree No. 154/2007/ND-CP of October 15, 2007, amending and supplementing a
number of articles of the Government’s Decree No. 143/2003/ND-CP of November
28, 2003, detailing a number of articles of the Ordinance on Exploitation and
Protection of Irrigation Works.
Article 3.
The Ministry of Finance shall assume the prime responsibility for, and
coordinate with the Ministry of Agriculture and Rural Development in, guiding
the implementation of this Decree.
Articled 4.
Ministers, heads of ministerial-level agencies, heads of government-attached
agencies and presidents of provincial-level People’s Committees shall implement
this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung