Decision No. 61/2001/QĐ-BKHCNMT on the issuance of temporary regulations on the procedures for building and organizing the implementation of state management tasks for environmental protection

 

Pursuant to …;

Regarding the issuance of the Interim Regulations on the Procedures for Developing and Organizing the Implementation of State Management Tasks for Environmental ProtectionIn order to bring the work of developing and organizing the implementation of state management tasks for environmental protection into a regular pattern;

 

MINISTER OF THE MINISTRY OF SCIENCE AND TECHNOLOGY AND ENVIRONMENT 

Pursuant to Decree No. 22/CP dated May 22, 1993 of the Government on the tasks, powers, and organizational structure of the Ministry of Science, Technology and Environment;

Pursuant to Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection;

Considering the proposals of the Heads of the Environmental Department, the Planning Department, the Finance and Accounting Department, and the Director of the General Office of the Ministry,

The Ministry hereby issues these Interim Regulations on the Procedures for Developing and Organizing the Implementation of State Management Tasks for Environmental Protection together with this Decision.

 

DECISION:

Article 1. The Heads of the Environmental Department, the Planning Department, the Finance and Accounting Department, the Director of the General Office of the Ministry, and the Heads of relevant units shall be responsible for implementing this Decision./.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS FROM THE DATE OF SIGNATURE.

Article 3. DEPUTY MINISTER OF SCIENCE AND TECHNOLOGY

TEMPORARY PROVISIONS

(Issued together with Decision No. 61/2001/QĐ-BKHCNMT

dated November 14, 2001 of the Minister of Science and Technology) ngày 14 tháng 11 năm 2001 của Bộ trưởng Bộ Khoa học, Công nghệ và Môi trường) 

1. General Provisions.

1.1. These interim regulations apply to state management tasks for environmental protection (SMT for EPP) carried out using central scientific and technological funds.

1.2. SMT for EPP within the scope of these regulations include:

1.2.1. National-level tasks: are those SMT for EPP listed in Article 4 of Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection.

1.2.2. Sectoral-level tasks: are those SMT for EPP listed in Article 5 of Decree No. 175/CP dated October 18, 1994 of the Government guiding the implementation of the Law on Environmental Protection.

1.3. SMT for EPP is part of the science, technology, and environment plan (ST&E Plan) and is allocated and balanced into the annual plans of sectors.

2. Guidelines for Developing Plans for SMT for EPP

2.1. Annually, the Ministry of Science and Technology guides the development of ST&E Plans for sectors, including the content of developing plans for SMT for EPP at all levels.

2.2. Sectors base on the guidance documents for developing ST&E Plans issued by the Ministry of Science and Technology and their own requirements, guide scientific and technological organizations (STO) and subordinate units (referred to as organizations) to develop national-level and sectoral-level SMT for EPP for the planning year.

3. Basis for Forming SMT for EPP

3.1. For national-level tasks:

3.1.2. Requirements from Party and State leaders to address urgent and sudden matters in inter-sectoral and inter-regional management work;

3.1.3. Proposals from sectors: through the annual ST&E Plan;

3.1.4. Proposals from scientific and technological organizations, enterprises, collectives, and individuals engaged in research and management work;

3.1.5. Proposals from international cooperation activities.

3.2. For sectoral-level tasks:

3.2.1. Requirements from sectoral leaders;

3.2.2. Proposals from scientific and technological organizations, enterprises, collectives, and individuals engaged in research and management work;

3.2.3. Proposals from management levels regarding key sectoral-level tasks;

3.2.4. Proposals from international cooperation activities.

4. Developing Plans for SMT for EPP

4.1. Subordinate organizations of sectors base on their functions, tasks, capabilities, and current resources (staff, equipment, etc.) propose SMT for EPP at all levels and consolidate them into the ST&E Plan to send to the managing sector.

4.2. Sectors process and consolidate SMT for EPP into the overall ST&E Plan and submit two copies to the Ministry of Science and Technology (one copy to the Department of Specialized Scientific and Technological Management and one copy to the Planning Department).

5. Processing and Consolidating Plans for SMT for EPP

5.1. The Ministry of Science and Technology processes and consolidates plans for SMT for EPP at all levels from the bases mentioned in Section 3, including the selection of national-level tasks.

5.2. Based on national-level SMT for EPP, the needs of sectors, and the budget available for SMT for EPP, the Ministry of Science and Technology estimates the allocation of funds for SMT for EPP (including national-level and sectoral-level).

6. Balancing Plans

6.1. For sectoral-level tasks:

Based on the total budget allocated by the State for sectoral tasks and the needs of sectors for SMT for EPP, sectors proactively allocate funds for key sectoral-level SMT for EPP, then to other SMT for EPP according to the priority selected by the sector.

6.2. For national-level tasks:

Funds are balanced according to the following two types of tasks:

6.2.1. Regular tasks according to functions, including:

a. Drafting and perfecting regulatory documents for SMT for EPP.

b. Training, education, publicity, dissemination of knowledge, and raising awareness about the environment.

c. International cooperation tasks.

d. Certain regular activities of the Environmental Department and important urgent tasks decided by the Minister of Science and Technology (supporting the publication of the Environmental Protection Magazine, supporting the activities of Office 33; supporting the Water Supply and Sanitation Steering Committee; counterpart funding for international cooperation; supporting conferences, seminars, and mass movement activities related to environmental days; supporting professional work such as environmental impact assessment reviews, inspections, and supervision; small construction and repair projects and capacity enhancement for the Environmental Department and other related activities).

đ. Annual national environmental status reports submitted to the National Assembly.

e. Monitoring and analysis tasks of monitoring and analytical stations (M&A Stations) in the national monitoring system.

g. Projects to enhance the capacity of M&A Stations in the national monitoring system.

Research and development tasks serving SMT for EPP, including:

6.2.2. a. Medium and small-scale projects, studies, pilot programs, etc., to quickly and urgently address management issues.

b. Large-scale projects, studies, pilot programs, etc., with national significance implemented over wide areas (such as river basins, industrial zones, etc.) or in cross-sector economic and social fields.

7. Allocating Plans

7. Bố trí kế hoạch.

7.1. The tasks assigned to the plans of ministries/departments include:

7.1.1.National-level tasks directly assigned:

a. Environmental monitoring and analysis tasks of the environmental monitoring and control stations within the national monitoring system. (Section 6.2.1.e)

b. Investment projects to enhance the capacity of the environmental monitoring and control stations within the national monitoring system. (Section 6.2.1.g).

c.Scientific and technological tasks serving state management on environmental protection (Section 6.2.2) that have completed the necessary procedures: identified the leading agency (either directly assigned or selected) and reviewed the budget. before the date The Ministry of Science, Technology, and Environment issues guidance on the content of the annual scientific and technological plan for ministries/departments.

7.1.2. Ministry/departments-level tasks.

The head of the ministry/department shall, based on the allocated budget, after consulting with the Ministry of Science, Technology, and Environment, independently arrange plans for ministry/departments-level tasks according to the principles set out in Section 6.1.

7.2. Tasks assigned to the plan of the Ministry of Science, Technology, and Environment.

7.2.1.Direct assignment method: includes regular tasks according to functions listed from Section 6.2.1.a to Section 6.2.1.d.

7.2.2. Assignment method through selection or direct assignment: includes scientific and technological tasks serving state management on environmental protection listed in Section 6.2.2.

8. Method of disbursing funds for state management tasks on environmental protection.

8.1. The Ministry of Finance disburses funds according to the address:

8.1.1. Leading ministry/department: for tasks assigned to the plans of ministries/departments as mentioned in Section 7.1.

8.1.2. The Ministry of Science, Technology, and Environment: for tasks assigned to the plan of the Ministry of Science, Technology, and Environment as mentioned in Section 7.2.

8.2. The Ministry of Science, Technology, and Environment disburses funds to scientific and technological organizations in charge through contract signing: for selected or directly assigned tasks not yet included in the annual scientific and technological plan of ministries/departments.

9. Implementation organization.

9.1. For state management tasks on environmental protection at the ministry/department level.

The plan for state management tasks on environmental protection at the ministry/department level is the responsibility of the head of the ministry/department to build, review, audit, approve funding, organize implementation, inspect, evaluate, and accept completion, and be responsible for effectiveness and results before higher-level management agencies.

The Ministry of Science, Technology, and Environment guides key tasks at the ministry/department level and periodically checks the implementation situation.

9.2. For national-level state management tasks on environmental protection.

The Ministry of Science, Technology, and Environment is responsible for building tasks, reviewing, auditing, approving funding, organizing implementation, and inspecting, evaluating, and accepting completion.

10. Reporting, inspection, and acceptance evaluation system.

10.1. Organizations in charge of implementing tasks must report in writing to management levels about the implementation of assigned tasks every six months.

10.2. Management levels periodically organize inspections of key tasks or conduct spot inspections when deemed necessary.

10.3. Management levels organize acceptance evaluations according to current regulations when the leading organization completes the task.

11. Implementation provisions.

11.1. These provisional regulations take effect fifteen days from the date of signature.

11.2. During implementation, if there are difficulties or obstacles, they should be reported to the Ministry of Science, Technology, and Environment for consideration and resolution.