Joint Circular No. 28/2013/TTLT-BTNMT-BTC-BKHĐT guiding the management and use of state budget funds for implementing the National Target Program to Remediate Environmental Pollution and Improve Living Environment for the 2012-2015 period.

JOINT CIRCULAR

Guidelines on the management and use of state budget funds for the National Target Program to address environmental pollution and improve the environment for the period 2012-2015 implementation ofChapter 60/2003/ND-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget; andPursuant to Decree No. 21/2013/ND-CP dated March 4, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

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Pursuant to DecreeNo. Pursuant to Decree No. 116/2008/ND-CP dated November 14, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Pursuant to Decree No. 118/2008/ND-CP dated November 27, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;ớPursuant to Decision No. 135/2009/QD-TTg dated November 4, 2009 of the Prime Minister promulgating the Regulations on management and implementation of national target programs;

Pursuant to Decision No. 1206/QD-TTg dated September 2, 2012 of the Prime Minister approving the National Target Program to address environmental pollution and improve the environment for the period 2012-2015;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."The Ministers of the Ministry of Natural Resources and Environment, the Ministry of Finance, and the Ministry of Planning and Investment issue this Joint Circular to guide the management and use of state budget funds for implementing the National Target Program to address environmental pollution and improve the environment for the period 2012-2015.SchoolB. LEVELS OF APPROVAL/RECORDING OF REPORTS ON OIL AND GAS RESOURCES AND RESERVES

Pursuant to the Government Decree Article 1. This Joint Circular guides the management and use of state budget funds for implementing the National Target Program to address environmental pollution and improve the environment for the period 2012-2015 (hereinafter referred to as the Program) pursuant to Decision No. 1206/QD-TTg dated September 2, 2012 of the Prime Minister.Article 2. Sources of funding and contents of expenditures for implementing the tasks and projects of the Program"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Clause 1. Expenditures from state budget funds (including foreign sources): Supporting tasks according to approved projects, including the following contents: surveying, analyzing, and assessing environmental pollution conditions to develop projects; implementing activities to treat and mitigate pollution and improve the environment; inspecting and accepting projects, specifically:policies h) Circular No. 05/2020/TT-BKHĐT dated June 30, 2020 of the Minister of Planning and Investment amending and supplementing some articles of Circular No. 04/2017/TT-BKHĐT dated November 15, 2017 of the Ministry of Planning and Investment detailing the selection of contractors through the National Procurement Network System.

Point a) Support from environmental public expenditure:June 2024;- Upgrading and expanding centralized waste collection and treatment systems in craft villages severely affected by environmental pollution;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."c) Supplementing point c of Clause 3 as follows:

/2013/QĐ-TTgNo. - Treating, improving, and restoring environments in areas severely affected by persistent pesticide contamination; reason- Program management expenses.

Article 1. Amending some articles of Circular No. 17/2012/TT-BYT dated October 24, 2012 issued by the Minister of Health on the issue and use of the Birth Certificate.No. Point b) Support from development investment:June 2024;- Building centralized waste collection and treatment systems; treating, improving, and restoring environments in areas severely affected by pollution in craft villages severely affected by environmental pollution;on - Establishing, building, and implementing projects to collect and treat wastewater from cities classified as Type II and above within three river basins: Nhu River - Day River, Ca River, and Dong Nai River system. ng 2. Mr. Nguyen Manh Hung, Member of the Party Central Committee, holds the position of Minister of Science and Technology.ẽClause 2. In addition to state budget funds, efforts should be made to mobilize contributions from organizations, individuals, and enterprises of various economic sectors to implement the Program in accordance with the law. Coordination and integration with other related programs and projects should be carried out to effectively implement the Program.;

The Minister of Natural Resources and Environment, the Minister of Finance, and the Minister of Planning and Investment issue this Joint Circular to guide the management and use of state budget funds for implementing the National Target Program on Pollution Control and Environmental Improvement for the period 2012-2015.

Article 1. General Provisions

Article 1. This Joint Circular guides the management and use of state budget funds for implementing the National Target Program on Pollution Control and Environmental Improvement for the period 2012-2015 (hereinafter referred to as the Program) pursuant to Decision No. 1206/QĐ-TTg dated September 2, 2012 of the Prime Minister.

Article 2. Sources of capital for implementing the Program include: state budget funds (central budget funds; local budgets; ODA loans and foreign aid); and capital from other economic and social organizations.

Article 3. Ministries and People's Committees of provinces and centrally-administered cities assigned to implement tasks and projects under the Program shall be responsible for managing and using Program funds in accordance with current regulations to ensure achievement of the set objectives.

Article 2. Sources of funding and expenditure items for implementing tasks and projects under the Program

Clause 1. Expenditure from state budget funds (including foreign sources):

Supporting tasks according to approved projects, including: investigation, analysis, and assessment of environmental pollution conditions to develop projects; implementation of activities to address and mitigate pollution and improve the environment; inspection and acceptance of projects, specifically:

Point a. Support from environmental public service funds:

- Upgrading and expanding centralized waste collection and treatment systems in craft villages severely affected by environmental pollution;

- Treating, improving, and restoring environments in areas severely polluted by residual pesticides;

- Program management expenses.

Point b. Support from development investment funds:

- Constructing centralized waste collection and treatment systems; treating, improving, and restoring environments in areas severely polluted in craft villages severely affected by environmental pollution;

- Establishing, constructing, and implementing projects to collect and treat wastewater from cities classified as Type II or higher within the three river basins of Nhue-Da and Song Ca, and the Dong Nai River system.

Clause 2. In addition to state budget funds, contributions from organizations, individuals, and enterprises of various economic sectors shall be mobilized to implement the Program in accordance with the law. Coordination and integration with related programs and projects shall be carried out to effectively implement the Program.

Article 3. Budget allocation standards and support

1. The budget allocation standards are specified as follows:

a) The expenditure from the State budget for implementing tasks and projects under the Program shall be carried out according to the current financial expenditure regulations. Some specific budget allocation standards based on different sources of funding are applied as set forth in Appendix 01 attached hereto;

b) In cases where there are no budget allocation standards or unit prices for certain expenditures, the budget estimates shall be prepared based on the objectives of the Program, the volume of work, and market prices, and submitted to the competent authority for approval in accordance with the current laws.

2. Capital support levels from central funds for projects:

a) Maximum support not exceeding fifty percent (50%) of total costs for projects addressing pollution and improving the environment in craft villages severely affected by pollution;

b) Maximum support not exceeding fifty percent (50%) of total costs for projects improving and restoring the environment in certain areas severely affected by persistent pesticide contamination;

c) Support not exceeding twenty percent (20%) of total costs for projects collecting and treating wastewater from cities classified as Type II or higher, located within three river basins: Nhue River - Day River, Ca River, and the Dong Nai River system.

Article 4. Criteria for Prioritizing Capital Support under the Program

1. Criteria for prioritizing capital support for project categories:

a) Projects addressing pollution and improving the environment in craft villages severely affected by pollution:

Craft villages must meet at least one of the following three criteria:

- Villages producing traditional products linked to national cultural identity or associated with tourism development projects that need to be preserved;

- Villages recognized as being severely polluted and currently have industrial zones or concentrated production areas for crafts, or have approved plans for such zones to relocate polluting production processes away from residential areas, in accordance with Circular No. 46/2011/TT-BTNMT dated December 26, 2011 issued by the Ministry of Natural Resources and Environment regarding environmental protection in craft villages;

- Villages included in environmental protection programs or pollution control projects approved by competent authorities but not yet allocated funding, in accordance with Circular No. 46/2011/TT-BTNMT dated December 26, 2011 issued by the Ministry of Natural Resources and Environment.

b) Projects improving and restoring the environment in certain areas severely affected by persistent pesticide contamination:

- Areas severely contaminated by persistent pesticides listed in Appendix I of Decision No. 1946/QĐ-TTg dated October 21, 2010 issued by the Prime Minister approving the Plan for Handling and Preventing Environmental Pollution Caused by Persistent Pesticides Nationwide;

- Areas severely contaminated by persistent pesticides located near residential areas, schools, and other public facilities.

c) For projects collecting and treating wastewater from cities classified as Type II or higher, located within three river basins: Nhue River - Day River, Ca River, and the Dong Nai River system:

- Priority given to cities with severe environmental pollution sources discharging directly into the river basins, as outlined in the environmental protection plans for the three river basins approved by the Prime Minister in Decisions No. 174/QĐ-TTg dated July 28, 2006 on Approving the Comprehensive Plan for Protecting and Sustainably Developing the Ecological Environment and Scenery of the Ca River Basin; Decision No. 187/QĐ-TTg dated December 3, 2007 on Approving the Environmental Protection Plan for the Dong Nai River System until 2020; Decision No. 57/2008/QĐ-TTg dated April 29, 2008 on Approving the Comprehensive Plan for Protecting the Environment of the Nhue River - Day River Basin until 2020;

- Projects currently underway but lacking sufficient funding;

- Projects already approved and with commitments for Official Development Assistance (ODA) loans from sponsors.

2. Principles for Determining the Level of Environmental Pollution:

a) Criteria for identifying serious pollution sources apply as stipulated in Circular No. 04/2012/TT-BTNMT dated May 8, 2012 issued by the Ministry of Natural Resources and Environment on Criteria for Identifying Pollution Sources and Seriously Polluted Areas; seriously polluted areas are determined according to Article 92 of the 2005 Environmental Protection Law;

b) Criteria for identifying seriously polluted areas apply according to Article 92 of the 2005 Environmental Protection Law and related legal provisions.

3. Conditions for Receiving Capital Support: Projects will be considered for capital support if they meet the following conditions:

a) They have been approved by competent state agencies according to current laws and included in the annual budget plan;

b) Projects without funding and localities commit to providing adequate matching funds to implement the projects.

c) Projects must include commitments for sustainable operation and maintenance of pollution control and environmental improvement facilities constructed after the completion of the project.

d) Priority is given to funding for provinces and centrally-administered cities still receiving subsidies from the central government budget.

4. For projects supported by central government budgets, if localities fail to implement the projects, provide matching funds as committed, or misuse the funds, the supported capital must be recovered and returned to the central government budget.

Article 5. Budget Preparation, Management, and Settlement of Program Expenses

The preparation of the budget estimate, allocation, transfer, management, utilization, and settlement of program expenses shall be carried out in accordance with the provisions of the State Budget Law, guiding documents for the implementation of the State Budget Law, current guiding documents, and specific regulations set forth in this Joint Circular as follows:

1. Annual budget preparation for program expenses:

a) Each year, ministries and localities shall base on their tasks and projects according to Decision No. 1206/QĐ-TTg, prepare and approve each project and task within the assigned component project list in accordance with current regulations, submit to the Ministry of Natural Resources and Environment for review and consolidation into the next year's budget estimate to be sent to the Ministry of Finance and the Ministry of Planning and Investment at the time of annual state budget estimate preparation in accordance with the State Budget Law and current regulations;

When formulating tasks and projects, they must base on expenditure standards and support levels; criteria and conditions for capital support as stipulated in Articles 3 and 4 of this Joint Circular, determine the financial needs for implementing projects requesting central government support, the financial needs for implementing projects arranged by local budgets, and other legitimate sources of funding;

b) The Ministry of Natural Resources and Environment shall prepare budget estimates for tasks and projects it implements; consolidate and review the funds for implementing tasks and projects of various ministries and localities, and send them to the Ministry of Finance and the Ministry of Planning and Investment at the time of annual budget estimate preparation;

c) Based on the total budget amount for the Program announced by the competent authority, the Ministry of Natural Resources and Environment shall take the lead in coordinating with the Ministry of Finance and the Ministry of Planning and Investment to propose the allocation of Program funds, both in terms of structure and support levels for ministries; central government budget support for localities, consistent with the objectives, tasks, criteria, conditions, and support levels; and send them to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and submission;

2. Implementation of the Budget Estimate

a) Based on the plan and state budget estimate allocated by the competent authority, ministries and localities shall allocate and transfer budget estimates to subordinate units according to the following code numbers:

Code number 0451 - Project 1: Remediation of pollution and improvement of the environment in severely polluted craft villages;

Code number 0452 - Project 2: Improvement and restoration of the environment in certain areas severely polluted by residual plant protection chemicals;

Code number 0453 - Project 3: Collection and treatment of wastewater from cities of type II and above, in the three river basins of Nhué - Day, Cầu, and the Dong Nai River system.

This code number will be used in the execution of the budget estimate, accounting, and settlement of the state budget.

b) Agencies and units entrusted with Program funds shall organize the implementation of projects, manage and utilize funds, settle accounts, and comply with reporting systems as prescribed by the State Budget Law and guiding documents for its implementation.

3. Settlement of Funds:

a) For projects and tasks funded from operating capital:

At the end of the year and upon completion of the project, the People's Committees of provinces and centrally-administered cities responsible for the project shall organize the acceptance of work volume by phase (for unfinished projects) or the final acceptance of the project (for completed projects) according to the inspection and acceptance regulations issued by the Program management agency to serve as the basis for payment and settlement of project expenses;

The procedures for preparing, reviewing, and approving the annual settlement report of the project shall be carried out in accordance with current regulations.

b) For projects funded from development investment capital:

Procedures for preparing, reviewing, and approving projects; transferring and implementing investment plans shall be carried out in accordance with current regulations. The management, disbursement, and settlement of investment capital and operational capital with investment characteristics, and the settlement of completed project investment capital shall be implemented in accordance with laws on the management and settlement of investment capital and operational capital with investment characteristics.

Article 6. Implementation Organization

Ministries, People's Committees of provinces and centrally-administered cities, and agencies and units implementing Program projects shall base on the Management and Implementation Regulations of National Target Programs to organize and implement this Program as follows:

1. Ministry of Natural Resources and Environment:

a) Review and consolidate the annual implementation plan and financial requirements for the Program based on the proposals of ministries and provincial-level People's Committees, submit to the Ministry of Finance and the Ministry of Planning and Investment for consolidation and reporting to the competent authority for consideration and decision; take the lead in providing annual budget plans and Program activity plans to donors according to signed Agreements (if applicable);

b) Take the lead in coordinating with the Ministry of Planning and Investment, the Ministry of Finance, and foreign donors to assess the implementation of the Program; consolidate and report to the Prime Minister and concurrently to the Ministry of Planning and Investment and the Ministry of Finance; provide Program implementation reports to donors according to signed Agreements (if applicable);

c) Take the lead in coordinating with the Ministry of Planning and Investment and the Ministry of Finance to review and provide comments on assigned projects to facilitate early implementation in accordance with the Program's objectives and contents;

d) Take the lead in drafting and approving assigned tasks and projects according to the list specified in Decision No. 1206/QĐ-TTg (objectives, tasks, contents, budget estimates, and phased capital implementation each year);

đ) Organize effective implementation of Program tasks and projects; coordinate integration with other programs and projects;

e) Take the lead in developing, disseminating, and guiding the monitoring and evaluation index system for project outcomes and impact assessments according to Program objectives and tasks;

g) Conduct regular and spot checks on the implementation of Program projects to ensure that the Program is carried out according to the planned schedule and objectives;

h) Regularly report to relevant units according to the Management and Implementation Regulations of National Target Programs;

2. Provincial People's Committees and centrally governed city People's Committees:

a) Be responsible for preparing, reviewing, and approving Program tasks and projects (objectives, tasks, contents, budget estimates, and phased capital implementation each year);

b) Allocate the annual local budget funds, together with targeted additional capital from the central budget (including ODA and foreign aid funds) for the Program; integrate the capital sources of national target programs, targeted support programs and projects to address pollution and improve the environment within the management area to effectively achieve the Program's objectives;

c) Direct and oversee the implementation of tasks and projects assigned under the Program in accordance with the guidelines of the Ministry of Natural Resources and Environment and the approved plan; direct subordinate units to use funds for their intended purposes efficiently, without waste, and settle accounts according to current regulations;

d) Prepare and confirm reports on the completion of pollution treatment and environmental improvement activities, submit them to the Ministry of Natural Resources and Environment for consolidation, and report to the Prime Minister;

e) Mobilize contributions from private economic sectors, organizations, and individuals both domestically and internationally for pollution remediation and environmental improvement in accordance with the law;

f) Coordinate with the Ministry of Natural Resources and Environment to report to sponsors according to signed Agreements (if applicable);

3. The Ministry of Planning and Investment and the Ministry of Finance shall allocate and arrange annual plan capital based on the Program’s tasks and projects, taking into account the proposals of the Ministry of Natural Resources and Environment and localities, in accordance with the State Budget Law to implement the Program;

4. Units responsible for implementing tasks and projects must use Program funds for their intended purposes and in accordance with established procedures; they are subject to inspection and supervision by competent authorities; at the end of the year or upon project completion, they must settle accounts for the funds used according to current regulations;

5. Reporting system: Regularly every six months and annually, and upon completion of tasks and projects, units responsible for implementation must report to the People's Committees of provinces and centrally-administered cities. The People's Committees of provinces and centrally-administered cities must consolidate and submit these reports to the Central Steering Committee (through the Steering Committee Office), the Ministry of Finance, and the Ministry of Planning and Investment; six-month reports should be submitted before July 20 of the same year, and annual reports should be submitted no later than the end of February of the following year;

6. This Circular takes effect from December 1, 2013;

7. During implementation, if there are any difficulties, they should be promptly reported to the Ministry of Natural Resources and Environment, the Ministry of Planning and Investment, and the Ministry of Finance for research and appropriate amendments and supplements.