Decision No. 96/2006/QD-TTg On the management and implementation of mine clearance work

Pursuant to …;

On the management and implementation of mine clearance activities

____________

PRIME MINISTER

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

Pursuant to Decree No. 30/2004/NĐ-CP dated January 16, 2004 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of National Defense;

Considering the proposal of the Minister of Planning and Investment.

Pursuant to …;

Article 1. The Ministry of National Defense shall be responsible for organizing the implementation of mine clearance nationwide according to the requirements of the Prime Minister and the regulations of the Government; organizing the implementation of mine clearance for investment projects and basic construction projects throughout the country; being responsible for the safety of projects and works during construction and operation related to mines and explosives.

Article 2. The Ministry of National Defense shall be responsible for:

1. Drafting and promulgating guiding documents for the organization and implementation of mine clearance activities and related legal normative documents to ensure uniform application nationwide. Regulations on management and organization of mine clearance must comply with current state regulations on investment and construction management, ensuring convenience and speed, meeting the requirements of project progress for basic construction investments.

2. Drafting the Survey Plan to collect information, assess the level of residual mines and explosives, and create maps across the country, submitting to the Government and implementing it.

3. Coordinating with relevant ministries and sectors to issue, within their authority, standards and methods for budget estimation of mine clearance; policies and benefits serving mine clearance activities...

4. Leading the coordination with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Public Security, the Ministry of Foreign Affairs, the Vietnam Association of Friendship Organizations, and related agencies to establish mechanisms for receiving and organizing foreign assistance for addressing the consequences of war-related mines and explosives, submitting to the Prime Minister for decision.

Article 3. Funding for mine clearance activities is stipulated as follows:

1. Funding to ensure mine clearance activities is a cost item within the total investment ceiling of each basic construction investment project or an independent project funded by the State for mine clearance and land clearance.

2. For projects using state capital (including development investment from the state budget, state development credit, state-guaranteed credit, and other state investments...), the unit price (per hectare) for mine clearance is calculated based on the principle of ensuring necessary and minimum costs for normal, stable long-term operations, and development of specialized units tasked with mine clearance and is determined as follows:

a) Allowance for direct personnel (excluding labor costs).

b) Material and machine costs are fully calculated.

c) Common and other costs are calculated at the percentage rate as prescribed.

d) Income subject to advance tax and taxes are not included.

3. For projects using other sources of funds, the unit price for mine clearance is calculated accurately according to current regulations.

4. The budget estimate for mine clearance activities must be reviewed by the Ministry of National Defense before being consolidated into the total project budget estimate and submitted to the competent authority for approval.

Article 4. Responsibilities of ministries, sectors, localities, and investors:

1. Ministry of Construction:

Cooperate with the Ministry of National Defense to issue budget standards for mine clearance for projects according to the investment capital specified in Article 3 of this Decision.

2. The Ministry of Labor, Invalids, and Social Affairs:

Lead and coordinate with the Ministry of National Defense in building mechanisms, policies, and incentives for officers and soldiers directly performing mine clearance tasks to submit to the Prime Minister for consideration and decision.

3. The Ministry of Home Affairs:

Lead and coordinate with the Ministry of National Defense in establishing allowance, subsidy, and compensation standards for personnel directly involved in mine clearance.

4. The Ministry of Planning and Investment:

Coordinate with the Ministry of National Defense and relevant ministries and sectors to inspect and urge the implementation of mine clearance; promptly resolve difficulties and obstacles within their authority; recommend to the Prime Minister issues exceeding their authority to ensure smooth implementation of mine clearance activities; mobilize non-reimbursable aid from countries and international non-governmental organizations for mine clearance.

5. Ministries, sectors, localities, and investors:

Closely cooperate with the Ministry of National Defense to propose mine clearance needs from the initial investment project proposal stage; effectively, economically, and properly implement according to regulations.

Article 5. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial and centrally-administered city People's Committees, Boards of State-owned Corporations are responsible for implementing this Decision./.