Chương 4 Nghị định 04/2009/NĐ-CP: Điều khoản thi hành

Chapter IV

IMPLEMENTATION PROVISIONS

Article 24. Responsibilities of ministries and branches

1. The Ministry of Natural Resources and Environment shall assume the prime responsibility for. and coordinate with concerned ministries, branches and provincial-level People's Committees in. guiding and inspecting the implementation of this Decree; proposing amendments and supplements to policies on incentives and supports for environmental protection activities to the Government for consideration and decision.

2. The Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction, the Ministry of Industry and Trade, the State Bank of Vietnam and concerned ministries and branches shall, within the ambit of their functions and tasks, direct and guide the implementation of policies on incentives and supports for environmental protection activities provided for in this Decree.

Article 25. Responsibilities of provincial-level People's Committees

1. To direct their attached functional agencies and People's Committees at all levels in elaborating land use plannings and plans, plans on allocation of capital for building technical infrastructure and social infrastructure works related to environmental protection works eligible for incentives and supports in their localities.

2. To organize according to their competence the implementation of policies on incentives and supports for environmental protection activities provided for in this Decree; to direct the payment of compensations for ground clearance for building environmental protection works eligible for incentives and supports.

3. To examine and inspect the implementation of environmental protection investment projects by organizations and individuals eligible for incentives and supports under this Decree, ensuring that incentives and supports are provided to eligible entities and at prescribed levels and used for proper purposes.

Article 26. Responsibilities of organizations and individuals enjoying incentives and supports

1. To properly implement environmental protection investment projects eligible for incentives and supports under this Decree.

2. Before December 31 every year, to report their operation results to provincial-level People's Committees of localities where environmental protection investment projects are implemented, the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment and the Ministry of Finance for coordinated management, examination and inspection under regulations; and to take responsibility for the accuracy and truthfulness of reported Figures and information.

3. Apart from making reports specified in Clause 2 of this Article, to make extraordinary reports on implementation of environmental protection investment projects to competent state management agencies when the latter so request.

4. The form of reports specified in Clause 2 of this Article is guided by the Ministry of Natural Resources and Environment.

Article 27. Effect

1. This Decree takes effect 45 days from the date of its signing for issuance.

2. Environmental protection activities specified in Parts A and B and products specified in Part C of the List which are conducted or made before the effective date of this Decree are eligible for incentives and supports under this Decree for the remaining operation duration.

The State will not refund tax amounts and other budget remittances payable by enterprises and cooperatives before the effective date of this Decree.

3. In case a newly promulgated law or policy provides for incentives and supports higher than those enjoyed by investors under this Decree, these investors will shift to enjoy new incentives and supports from the effective date of that law or policy. If new incentives and supports are lower than current ones, investors will continue enjoying incentives and supports under this Decree.

4. Ministers, heads of ministerial-level agencies and government-attached agencies, presidents of provincial-level People's Committees and concerned organizations and individuals shall implement this Decree.