Decree No. 83/2019/ND-CP amends and supplements some articles of Decree No. 94/2014/NĐ-CP dated October 17, 2014 of the Government on the establishment and management of the Disaster Prevention and Control Fund.

DECREE

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF THE GOVERNMENTAL DECREE NO. 94/2014/NĐ-CP OF OCTOBER 17, 2014 ON THE ESTABLISHMENT AND MANAGEMENT OF THE NATURAL DISASTER PREVENTION AND CONTROL FUND

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

At the proposal of the Minister of Agriculture and Rural Development;

THE GOVERNMENT ISSUES THE DECREE AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 94/2014/NĐ-CPdated October 17, 2014 of the Government on the establishment and management of the Natural Disaster Prevention and Control Fund.

Article 1. Amending and supplementing certain provisions of the Governmental Decree No.

1. Clause 1 and Clause 2 of Article 4 shall be amended as follows:

"1. The Natural Disaster Prevention and Control Fund is a state financial fund outside the State budget established at provincial level, managed by the People's Committee of the province. The end-of-year balance of the Fund shall be carried over to the next year.

2. The specialized agency advising and assisting the People's Committee of the province in managing natural disaster prevention and control is the Fund management agency; it uses its own organizational structure to perform the tasks of managing the Fund in accordance with the law, has its own seal, and is allowed to open an account at the State Treasury, operates under a part-time management system for the Fund. The Director of the Fund is appointed, dismissed, or relieved of duty by the Chairman of the People's Committee of the province."

2. Point g of Clause 1 of Article 6 shall be amended as follows:

"g) Members of households classified as poor or near-poor; members of households severely affected by natural disasters, epidemics, fires, accidents; members of households residing in particularly difficult communes in coastal areas, islands, and commune areas III in ethnic minority and mountainous regions; social assistance beneficiaries receiving monthly social allowances pursuant to decisions of the Prime Minister, Government Decrees, and other documents amending and supplementing these documents (if applicable)."

3. Clause 6 of Article 8 shall be amended as follows:

"6. The Chairman of the People's Committee of the province shall guide the preparation, approval, and announcement of the Fund collection plan for relevant agencies and units; the Provincial Tax Departments shall cooperate in supporting the collection of the Fund, preparing the Fund collection plan, and providing information on the total value of assets currently present in Vietnam according to annual financial reports for domestic and foreign economic organizations within their jurisdiction to the Fund management agency."

4. Clause 1 and Clause 2 of Article 9 shall be amended and supplemented as follows:

"1. Expenditure to support activities for natural disaster prevention and control, prioritizing support for activities specified in Point a, b, and c of Clause 3 of Article 10 of the Law on Natural Disaster Prevention and Control, and the following activities:

a) Relief and recovery from natural disaster consequences: Emergency relief in terms of food, drinking water, medicine, and other urgent needs for those affected by natural disasters; support for repairing houses, medical facilities, schools, environmental sanitation in disaster-stricken areas, repairing temporary evacuation shelters; removal of structures and obstacles causing natural disaster risks; emergency repairs of dikes, embankments, culverts, and natural disaster prevention and control works, with maximum funding not exceeding three billion dong per project.

b) Support for natural disaster response activities: Evacuation of people from dangerous areas; medical care; food and drinking water for evacuated people; support for monitoring, information dissemination, and warning of natural disasters in communities; patrols and inspections to identify areas at risk of natural disaster hazards and engineering facility failures.

c) Support for preventive activities: Construction and dissemination of legal knowledge; planning and reviewing natural disaster prevention and control plans; organizing training to enhance awareness among local and community forces participating in natural disaster prevention and control work; conducting natural disaster prevention and control drills at various levels; training and maintaining operations for dike guardians, civilian dike management forces, and natural disaster prevention and control volunteer teams at the commune level.

2. Payment for labor fees for direct collectors and administrative expenses related to the collection of the Fund but not exceeding three percent of the total revenue."

5. Supplement Article 9a after Article 9 as follows:

"Article 9a. Allocation of the Provincial Natural Disaster Prevention and Control Fund

1. Based on the expenditure items of the Fund stipulated in Clause 1 of Article 9 of this Decree, the People's Committee of the province shall decide on decentralization and delegate the People's Committees of districts and communes to use revenues from the Natural Disaster Prevention and Control Fund, but not exceeding twenty percent of the revenue collected at the district and commune levels to implement natural disaster prevention and control tasks at their respective levels.

2. The People's Committee of the province shall issue regulations on operation, guidelines on expenditure items and amounts, and management and utilization of the Fund, including the portion of funds delegated to the People's Committees of districts and communes to carry out natural disaster prevention and control tasks."

6. Amend Clause 1 of Article 10 as follows:

"1. The Chairmen of the People's Committees of provinces, districts, and communes shall decide on the amount and items of expenditure for beneficiaries based on proposals from the Natural Disaster Prevention and Control Search and Rescue Command at the same level."

7. Supplement Clause 3 to Article 11 as follows:

"3. The Fund shall implement accounting procedures in accordance with current laws on accounting and guidance from the Ministry of Finance."

Article 2.

Replace the phrase "independent accounting economic organizations" with the phrase "domestic and foreign economic organizations within the territory" in

dated October 17, 2014 on the establishment and management of the Natural Disaster Prevention and Control Fund.

Article 3. Effectiveness

This Decree takes effect from January 1, 2020.

The Head of the Ministry’s Office, Heads of Departments, Director of the Vietnam Registration Agency, Heads of agencies, units, and individuals related to this Circular shall be responsible for its enforcement.

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial and centrally-run city People's Committees, and relevant agencies are responsible for implementing this Decree./.