Decree No. 51/2005/ND-CP on Financial Sources and Management and Use of Financial Sources for Inland Waterway Management and Maintenance

DECREE

OF THE GOVERNMENT NUMBER 51/2005/NĐ-CP OF APRIL 11, 2005 ON THE

FINANCIAL SOURCES AND MANAGEMENT, USE OF FINANCIAL SOURCES FORMANAGEMENT,

MAINTENANCE OF INLAND WATERWAYS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

WHEREAS, the Law on the State Budget dated December 16, 2002;

Pursuant to the Ordinance on Fees and Charges dated August 28, 2001;

At the proposal of the Minister of Transport,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the financial sources and management, use of financial sources for management and maintenance of inland waterways.

Article 2. Applicability

Domestic and foreign agencies, organizations, and individuals involved in activities contributing to the formation, management, and use of financial sources for management and maintenance of inland waterways must comply with the provisions of this Decree and relevant laws.

Article 3. Principles for ensuring and managing, using financial sources for management and maintenance of inland waterways

Financial sources for management and maintenance of inland waterways must be fully and stably guaranteed to manage, maintain, and protect the infrastructure of inland waterway transportation, ensuring smooth, safe, and convenient inland waterway transportation. Financial sources for management and maintenance of inland waterways can only be used for tasks and activities related to management and maintenance of inland waterways.

Article 4. Allocation of financial sources for management and maintenance of inland waterways

Clause 1. Financial sources for national management and maintenance of inland waterways shall be allocated from the central government budget and other sources as prescribed by law.

Clause 2. Financial sources for local management and maintenance of inland waterways shall be allocated from the local government budget and other sources as prescribed by law.

Clause 3. Financial sources for specialized management and maintenance of inland waterways or inland waterways invested with non-state budget funds shall be ensured by the organizations or individuals managing such specialized inland waterways or the investors themselves during operation as prescribed by law.

Chapter II

FINANCIAL SOURCES FOR MANAGEMENT AND MAINTENANCE OF INLAND WATERWAYS

Article 5. Financial sources for management and maintenance of inland waterways

Clause 1. Financial sources for management and maintenance of inland waterways are formed from the following sources:

Point a) State budget (central budget and local budget);

Point b) Revenue from fees for the use of inland waterways that are not invested with state budget funds;

Point c) Contributions from organizations and individuals;

Point d) Financial sources of the investor for inland waterways not invested with state budget funds and other sources as prescribed by law.

Clause 2. The Ministry of Transport shall take the lead and coordinate with the Ministry of Finance to develop a proposal for non-state budget capital for management and maintenance of inland waterways to be submitted to the Prime Minister for decision.

Article 6. Preparation of budget estimates for revenue and expenditure of financial sources for management and maintenance of inland waterways

Clause 1. For financial sources guaranteed by the state budget: annually, based on the requirements for national management and maintenance of inland waterways, the Ministry of Transport shall prepare budget estimates for revenue and expenditure within its direct management scope, submit them to the Ministry of Finance for review and consolidation, and then submit them to the competent authority for decision in accordance with the Law on State Budget; based on the requirements for local management of inland waterways at the delegated level, the transport authorities at all levels in the locality (or the authorized agency) shall prepare budget estimates for revenue and expenditure within their management scope, submit them to the finance authorities at the same level for review and consolidation, and then submit them to the competent authority for decision in accordance with the Law on State Budget.

Clause 2. For financial sources outside the state budget: based on the Decision of the Prime Minister regarding non-state budget financial sources for management and maintenance of inland waterways, the Ministry of Transport shall take the lead and coordinate with the Ministry of Finance to provide guidance on implementation.

Chapter III

MANAGEMENT AND USE OF CAPITAL FOR MANAGEMENT AND MAINTENANCE OF INLAND WATERWAYS

Article 7. Use of financial resources for the management and maintenance of inland waterways

Financial resources for the management and maintenance of inland waterways shall be used for the following tasks:

1. State management activities and services in the field of inland waterway transport, including: surveying, monitoring and reporting on the actual conditions of navigation channels; organizing traffic, inspecting, and supervising the protection of infrastructure works; managing, installing, and adjusting shore and underwater signals; monitoring hydrological data, counting vessels; training in inland waterway management and other related tasks.

2. Repairing inland waterways, including:

a) Regular maintenance and repair of inland waterways: dredging to ensure technical standards of channels according to published technical grades of inland waterways; regular maintenance and repair of signals, equipment, and facilities serving the operational inland waterway routes and other related tasks;

b) Non-regular maintenance and repair of inland waterways: dredging整治和疏浚、清除障碍物；定期或因突发损坏更换维修信号、设备；维修护岸系统、整治水流工程、房屋及其他服务设施；防洪抗灾及其它相关任务。

Article 8. Plan for allocation, distribution, settlement, and finalization of funds for the management and maintenance of inland waterways

1. For financial resources guaranteed by the state budget:

a) Annually, based on the budget estimate assigned by the competent authority, the Ministry of Transport allocates financial resources for national inland waterway management and maintenance; local transportation authorities at all levels implement the allocation of financial resources for provincial inland waterway management and maintenance;

b) The issuance, management, use, settlement, and finalization of financial resources for inland waterway management and maintenance shall be carried out in accordance with the provisions of the law.

2. For financial resources outside the state budget: based on the Prime Minister's Decision regarding non-state budget financial resources, the Ministry of Transport, in collaboration with the Ministry of Finance, will guide implementation.

Article 9. Inspection, supervision, and handling of violations

1. The Ministry of Transport and local state management agencies for transportation have the responsibility to coordinate with financial agencies at the same level to conduct regular and spot checks on the establishment, management, and use of financial resources for inland waterway management and maintenance in relevant units.

2. Inspections, supervision, commendation, and handling of violations in the management and use of funds for inland waterway management and maintenance shall be carried out in accordance with the provisions of the State Budget Law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 10. Effectiveness of the Decree

This Decree shall take effect fifteen days after its publication in the Official Gazette. Previous regulations that conflict with this Decree are hereby abolished.

Article 11. Guidance and Implementation

The Minister of Transport, in coordination with the Minister of Finance, shall provide guidance on the implementation of this Decree. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for implementing this Decree./.