Chapter III
FINANCIAL SUPPORT FOR USE OF PUBLIC IRRIGATION PRODUCTS AND UTILITIES
Section 1. ENTITIES ELIGIBLE TO BE PROVIDED WITH FINANCIAL SUPPORT BY THE STATE AND SUBSIDIES PROVIDED BY THE STATE
Article 11. Entities and scope eligible to receive financial support for use of public irrigation products and utilities
1. Households and individuals using agricultural land for cereal production, including:
a) Total area of land allocated for cereal production, including land acquired from transfer or inheritance or donation of land use rights;
b) Total area of agricultural land used for research and experimental production purposes; area of land for annual plants on which at least one rice crop is produced during the year. The land for annual plants on which at least one rice crop is produced during the year includes (i) land which is reserved for at least one rice crop during the year or (ii) land which is reserved for growing annual plants but on which at least one rice crop is produced during the year.
2. Poor households and individuals leased out agricultural land by the State.
3. Households and individuals using land for salt production.
4. Households and individuals using agricultural land within a limit for growing vegetables and young rice; long-term industrial crops, short-term industrial crops including winter crops; fruit trees; flowers; medicinal plants; aquaculture (except for aquaculture in reservoirs, dams, rivers, streams, lagoons, etc.); husbandry.
5. Households, individuals that are plantation’s employees that have received contracted land form agriculture companies or forestry companies (agricultural or forestry plantations) for agricultural production as prescribed by law.
6. Organizations and individuals in charge of drainage of water for rural and metropolitan areas, except for urban areas.
7. Organizations and individuals in charge of flood proofing, escape and prevention, high tide control, saltwater intrusion prevention, saltwater pushback, water desalinization, counter-acidification and freshwater protection within their area.
Article 12. Subsidies for use of public irrigation products and utilities
1. 100% of fees for use of public irrigation products/utilities shall be provided to the entities specified in Clauses 1, 2, 3, 4 and 5 Article 11 of this Decree:
a) According to the specific prices decided by the Ministry of Agriculture and Rural Development and People’s Committee of the province according to the maximum prices prescribed by the Ministry of Finance within its power;
b) From the point of delivery and reception of irrigation products and services between organizations or individuals supplying irrigation products or services to central irrigation work or facility located at the starting position. The Ministry of Agriculture and Rural Development shall elaborate the point of delivery and reception of irrigation products and services as prescribed in Article 33 of the Law on Irrigation;
c) Costs incurred from a point of delivery and reception of irrigation products and services to an arable field within the jurisdiction of the irrigation product/service user.
2. 100% of fees for use of products/services shall be provided to the entities specified in Clause 6 Article 11 of this Decree according to the specific prices decided by the Ministry of Agriculture and Rural Development and People’s Committee of the province according to the maximum prices prescribed by the Ministry of Finance within its power;
3. Financial support shall be provided to the entities specified in Clause 7 Article 11 of this Decree according to the volume of the tasks approved by the People’s Committee of the province and the availability of the local government budget.
4. The subsidies shall be provided according to the principle: a unit of land area, an irrigation/drainage measure, one cubic meter, one task based on the specific prices of public irrigation products/services and under normal weather condition.
5. The entities that are ineligible to receive financial support for use of public irrigation products/services shall pay fees as prescribed.
Article 13. Methods of providing financial support and obligatory expenditure of state budget
1. The state budget shall provide financial support for use of public irrigation products/utilities to the entities specified in Article 11 of this Decree by making a direct payment to the organizations and individuals operating irrigation projects as prescribed in Clause 1 Article 23 of the Law on Irrigation by commissioning area, volume, measure and irrigation/drainage according to specific prices.
a) The central government budget shall provide financial support for use of public irrigation products/utilities to the organizations and individuals operating irrigation projects under the management of the central government.
b) The local government budget shall provide financial support for use of public irrigation products/utilities to the organizations and individuals operating irrigation projects under the management of the local government.
2. Local governments shall use the local government budget and financial support provided by the central government budget (if any) to support organizations operating local irrigation projects. The central government budget shall provide financial support according to the rules for provision of targeted supports from the central government budget to local government budgets for implementing social security policies decided by the Prime Minister.
Article 14. Benefits for organizations operating irrigation projects
1. In addition to the fees for use of public irrigation products/services funded by the state , an organization operating the irrigation project that performs the task of water supply, irrigation and drainage is entitled to receive financial support for maintenance costs (except in the cases where public irrigation products/services are provided throughout the bidding process and the maintenance costs has been included in the bid price) and other subsidies as prescribed by law according to the availability of state budget at each level. The distribution, payment and settlement of subsidies shall be carried out as prescribed by the Law on State Budget.
2. The organizations operating irrigation projects under the management of the central government shall be provided with financial support from the central government budget.
3. The organizations operating irrigation projects under the management of the local government shall be provided with financial support from the local government budget. In the cases where the local government budget is not enough, the central government budget shall provide funding for the local government budget within its capacity as prescribed by the Law on State Budget.
Section 2. PROCEDURES FOR MAKING AND ASSIGNING ESTIMATE, DISTRIBUTION, PAYMENT AND SETTLEMENT OF SUBSIDIES
Article 15. Making and estimating estimate of subsidies for use of public irrigation products and utilities
1. An estimate of subsidies for use of public irrigation products and utilities shall be made and assigned in accordance with regulations of the Law on State Budget and legal documents elaborating the law.
2. Bases for making the estimate: according to volume of tasks, area (ha), volume (m3), economic - technical norm, prices, subsidies for use of public irrigation products/services of the competent authority.
Determining volume of tasks and area eligible for financial support for use of public irrigation products and utilities:
Each organization and individual operating the irrigation project shall, according to the cadastral map, methods of water supply, irrigation and drainage, and water supply, irrigation or drainage contract between the organization/individual operating the irrigation project and the water user (including People’s Committee of the commune, cooperative, water user group or director of an enterprise, experimental station or plantation or with a households or an individual), cooperate with the People's Committee of the commune to make a list of entities and land area for irrigation/drainage that are eligible for financial support for use of public irrigation product/services and take legal responsibility for confirmations;
In case the water user is the People’s Committee of the commune, cooperative, water user group, director of an enterprise, experimental station or plantation, it is required to enclose a list of households and their land area. The People’s of Committee of the district of the area where eligible entities reside shall inspect, review and decide on the area eligible for financial support and take legal responsibility for its decision.
The land area eligible for financial support for use of public irrigation products/utilities shall be decided according to the area approved by the People’s Committee of the province in the previous year and expected increase or decrease (if any) in the land area aggregated and submitted by the Department of Agriculture and Rural Development.
3. Aggregating estimates of subsidies for use of public irrigation products and utilities:
a) The agriculture department of the district shall aggregate the estimates submitted by district-affiliated units and submit them to the Department of Finance - Planning of the district, which will review and aggregate them with the district-level budget expenditure estimate, and submit it to the People’s Committee of the district, which will submit it to the Department of Finance and Department of Agriculture and Rural Development for inclusion in the local government budget estimate;
b) Regarding the internal irrigation institution that manages part of the project within a system of irrigation projects and 100% of charter capital of which is held by the state-owned single-member limited liability company, such company shall submit an aggregated estimate to the Department of Finance and Department of Agriculture and Rural Development;
b) The Department of Finance shall take charge and cooperate with the Department of Agriculture and Rural Development in aggregating the estimates submitted by organizations operating irrigation projects under the management of the province with the local government budget estimate;
d) The Ministry of Agriculture and Rural Development shall aggregate the estimates submitted by organizations operating irrigation projects and submit an aggregated estimate to the Ministry of Finance for aggregation with the central government budget estimate.
Article 16. Distribution and payment of subsidies for use of public irrigation products and utilities
1. The power to determine volume of tasks and area eligible for financial support for use of public irrigation products and utilities
a) The Ministry of Agriculture and Rural Development shall decide on tasks, area and volume of water eligible for financial support for use of public irrigation products/utilities provided to the organizations operating irrigation projects under the management of the central government;
b) The People’s Committee of the province shall decide on tasks, area and volume of water eligible for financial support for use of public irrigation products/utilities provided to the organizations operating irrigation projects under the management of the local government.
2. An application for decision on volume of tasks and area eligible for financial support for use of public irrigation products and utilities includes:
- A list of entities, tasks and area eligible for financial support for use of public irrigation products and utilities certified by the People’s Committee of the district.
- An application form for approval for volume of tasks and area eligible for financial support for use of public irrigation products and utilities.
3. In the cases an irrigation project management and operation company and internal irrigation institution manage an irrigation project and the company is in charge of source generation, such company shall sign a contract with the internal irrigation institution on for management of part of the irrigation project within the irrigation project system to form a basis for payment of subsidies.
4. Payment and provision of subsidies with respect to method of assigning tasks
a) According to the approved budget estimate and estimate of the organization or individual operating the irrigation project, the finance authority shall provide subsidies for such organization/individual twice in the year. 60% of total subsidies shall be provided in the first and 40% of total subsidies shall be provided in the third quarter according to the first 6 months' report on implementation of the plan for irrigation project operation, expected plan for irrigation project operation in the late 6 months and expected annual plan for irrigation project operation of the organization operating the irrigation project. The distribution of subsidies shall be made through a payment order.
b) An application for distribution of subsidies includes an application form for distribution of subsidies; a decision on assignment of tasks issued by a competent authority; expenditure estimate; 6 months’ report on implementation of the plan.
c) Regarding the organization operating an irrigation project that is assigned to manage part of the irrigation project within the irrigation project system under the management of the irrigation project management and operation company, the company shall advance and provide subsidies to the irrigation institution under the contract between the two parties. The advance shall be given according to the advance paid by the state budget to the company.
5. Payment and provision of subsidies with respect to purchase order method
a) After the purchase order contract is signed, the finance authority shall advance 60% of subsidies under the contract to the unit receiving the purchase order. Upon receipt of a report on execution of the purchase order contract, which states that 60% of the contract value is reached, the finance authority shall advance 30% of subsidies under the contract. The remaining 10% of subsidies shall be distributed after the contract is completed. The distribution of subsidies shall be made through a payment order;
b) An application for distribution of subsidies includes an application form for distribution of subsidies; a decision on giving estimate; copy of the purchase order contract; report on execution of the purchase order contract.
6. Payment and provision of subsidies with respect to the bidding method
a) After the contract-awarding agreement is signed, the finance authority shall advance 50% of subsidies under the contract to the contractor. Upon receipt of a report on execution of contract-awarding agreement, which states that 60% of the contract value is reached, the finance authority shall advance 40% of subsidies under the contract. The remaining 10% of subsidies shall be distributed after the contract is completed. The distribution of subsidies shall be made through a payment order;
b) An application for distribution of subsidies includes an application form for distribution of subsidies; copy of the contract-awarding agreement; record on commissioning of volume according to the contract value, report on execution of the contract-awarding agreement.
Article 17. Settlement of subsidies for use of public irrigation products and utilities
1. The subsidies for use of public irrigation products and utilities shall be settled as prescribed by the Law on State Budget and legal documents elaborating the law.
2. Organizations/individuals operating the irrigation project shall provide sufficient documents which will serve as the basis for payment and settlement of subsidies (certified true copy):
a) A contract for provision and use of public irrigation products/utilities;
b) A record on completion of the contract for provision and use of public irrigation products/utilities. In case the water user is the People’s Committee of the commune, cooperative, water user group, director of an enterprise, experimental station or plantation, it is required to enclose a list of households and their land area of land.
Article 18. Handling surplus and deficit of subsidies for use of public irrigation products and utilities
1. Handling of surplus and deficit of subsidies provided for organizations operating irrigation projects: on an annual basis, after the final account of subsidies is approved by the competent authority, if the provided subsidies are greater than the subsidies provided according to the final account, the difference shall be returned to the state budget. If the provided subsidies are fewer than the subsidies provided according to the final account, the additional funding from budget shall be provided as prescribed.
2. Annually, the Department of Finance shall cooperate with the Department of Agriculture and Rural Development in aggregating the final accounts of subsidies for use of public irrigation products and services and submit a aggregated final account to the People’s Committee of the province, which will submit it to the Ministry of Agriculture and Rural Development and Ministry of Finance for consideration.
Tìm kiếm
Nghị định 96/2018/NĐ-CP (Bản Pdf)
Nghị định 96/2018/NĐ-CP (Bản Word)