Chương IV Nghị định 96/2018/NĐ-CP: Tổ chức thực hiện

Chapter IV

IMPLEMENTATION

Article 19. Reporting

1. Regarding purchase order method

a) The units receiving purchase orders shall submit a first 6 months' report on execution of the purchase order contract and make a record on contract completion at the end of the year to form a basis for settlement of the subsidies for use of public irrigation products and utilities;

b) The report shall be submitted to the ordering authority and finance authority: the Ministry of Agriculture and Rural Development and Ministry of Finance with respect to tasks of the central government budget; the Department of Finance and Department of Agriculture and Rural Development with respect to tasks of the local government budget before June 31 of the plan year, regarding 6 months’ report and before January 31, regarding annual report.

2. Regarding task assignment method

a) On a biannual basis and at the end of the fiscal year, the unit assigned tasks shall submit a first 6 months' report on implementation of the plan for irrigation project operation, expected annual plan for irrigation project operation and report on implementation of the annual plan;

b) The report on implementation of the plan shall be submitted to the assigning authority and finance authority: the Ministry of Agriculture and Rural Development and Ministry of Finance with respect to the unit operating the irrigation project under the management of the central government; the Department of Finance, Department of Agriculture and Rural Development and People’s Committee of the district with respect to the unit operating the irrigation project under the management of the local government before June 31 of the plan year, regarding 6 months’ report and before January 31, regarding annual report.

3. The unit receiving financial support shall prepare a report as prescribed. Upon use of public irrigation products/services, the legal representative of the unit receiving financial support shall be responsible to the stat and law for the accuracy and truthfulness of the report.

Article 20. Responsibility of ministries

1. The Ministry of Finance shall:

a) decide and announce maximum prices of public irrigation products and utilities and price bracket for other irrigation products and services as prescribed by law;

b) aggregate estimates and final accounts of subsidies for use of public irrigation products and services and other subsidies provided to organizations operating irrigation projects under the management of the central government and organizations operating irrigation projects under the management of the province, and submit an aggregated estimate and final account to the Government, which will submit them to the National Assembly for decision as prescribed by the Law on State Budget;

c) take actions against violations of regulations of the law on prices and other relevant regulations of law.

2. The Ministry of Agriculture and Rural Development shall:

a) prepare, promulgate or propose the promulgation of legislative documents on procedures, regulations, standards and economic - technical norms for management and operation of irrigation projects; direct implementation of economical irrigation measures;

b) direct, provide guidance and inspect the implementation of economic - technical norms; procedures and regulations on management and provision of irrigation products and services; subsidies from state budget provided to organization operating irrigation projects;

c) appraise plans for pricing irrigation products and services prepared by organizations operating irrigation projects under the management of the central government; and consolidate pricing plans prepared by organizations operating irrigation projects under the management of the People’s Committee of the province. Aggregate data and consolidate pricing plans and submit them to the Ministry of Finance as prescribed;

d) decide on specific prices of irrigation products and services under its management according to Article 35 of the Law on Irrigation and regulations of the Law on Irrigation and other relevant regulations of law;

dd) rearrange organizations operating irrigation projects under its management in accordance with regulations of the Law on Irrigation and other relevant regulations of law;

e) direct, provide guidance and inspect the management and operation of the system of irrigation projects, decide on specific prices of irrigation products and services under the management of the central government.

3. People’s Committees of provinces shall:

a) assign units to manage irrigation projects, decide on the scope of the determination of the point of delivery and reception of irrigation products and services under the guidance of the Ministry of Agriculture and Rural Development;

b) direct specialized agencies and organizations operating irrigation projects to establish economic - technical norms for management and operation of irrigation projects under the management of the local government, and submit them to the People's Committee of the province for consideration and promulgation;

c) decide on bidding, purchase order and task assignment methods and approve estimates, distribute, manage, pay and settle subsidies provided for organizations operating irrigation projects.

d) appraise irrigation product and service pricing plan of organizations operating irrigation projects under the management of the local government; take responsibility for data and documents contained in the dossier on pricing plan and submit the dossier to the Ministry of Agriculture and Rural Development within the prescribed limit;

d) decide on specific prices of irrigation products and services under their management according to Article 35 of the Law on Irrigation and other relevant regulations of the law;

e) make an annual estimate of subsidies for use of public irrigation products/utilities provided to the organizations operating irrigation projects and submit it to the People's Council of the province, which will aggregate and submit it to the Ministry of Finance and Ministry of Agriculture and Rural Development;

g) inspect the collection, use, payment and settlement of subsidies for use of public irrigation products and utilities as prescribed by the Law on State Budget;

h) rearrange organizations operating irrigation projects in accordance with regulations of the Law on Irrigation and other relevant regulations of law;

i) inspect the decision on prices of public irrigation products and services funded by state budget; inspect and supervise subsidies for use of public irrigation products and utilities and use of state budget allocated to organizations operating irrigation projects; direct implementation of economical irrigation measures;

k) take actions against violations of regulations of the law on prices and other relevant regulations of law;

l) approve the final account of area, irrigation measures, tasks and subsidies for use of public irrigation products and services and other subsidies provided to organizations operating irrigation projects;

m) supervise the management and operation of the system of irrigation projects and economical use of water within their power.

4. Organizations operating irrigation projects shall:

a) prepare irrigation product and service pricing plan and take responsibility for the reasonableness and lawfulness of the data and documents contained in the dossier on the pricing plan and submit it to the competent authority within the prescribed limit;

b) sufficiently and promptly provide irrigation and drainage services for agricultural production, aquaculture and salt production purposes while strictly following water conservation policy;

c) annually make annual estimate, prepare business plan and submit them to:

the Ministry of Agriculture and Rural Development and Ministry of Finance, regarding the organizations operating irrigation projects under the management of the central government.

the People’s Committee of the province, which will submit them to the Ministry of Finance and Ministry of Agriculture and Rural Development and, regarding the organizations operating irrigation projects under the management of the local government.

d) subject to the inspection at the request of the competent authority and comply with other regulations of law.

5. Water users shall:

a) direct and cooperate with households and individuals to carry out water conservation irrigation and drainage policy;

b) cooperate with households and individuals in determining area of irrigation/drainage land eligible for financial support for use of public irrigation products and utilities as prescribed;

c) consolidate, review, commission and compare with organizations operating irrigation projects in terms of the area of irrigated and drained land to serve payment and settlement of subsidies for use of public irrigation products and utilities.

Article 21. Effect

1. This Decree comes into force from July 01, 2018.

2. The organizations and public service providers (including center for irrigation project management and operation; board of irrigation project management and operation; irrigation project management and operation station) that are assigned to manage and operate irrigation projects by the State shall keep operating irrigation projects in the same way as the internal irrigation institutions and enterprises do pending the conversion into another type of organization operating irrigation in accordance with regulations of the Law on Irrigation.

Article 22. Responsibility for implementation

Ministers, heads of ministerial agencies, heads of Governmental agencies and Presidents of People’s Committees of provinces are responsible for the implementation of this Decree./.