GOVERNMENT | SOCIALIST REPUBLIC OF VIETNAM |
No. 83/2019/ND-CP | Hanoi, November 12, 2019 |
DECREE
AMENDMENTS AND SUPPLEMENTS TO SEVERAL ARTICLES OF GOVERNMENT’S DECREE NO. 94/2014/ND-CP DATED OCTOBER 17, 2014 ON ESTABLISHMENT AND MANAGEMENT OF NATURAL DISASTER PREVENTION AND CONTROL FUNDS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Prevention and Control of Natural Disasters dated June 19, 2013;
In the light of the request of the Minister of Agriculture and Rural Development;
The Government hereby promulgates the Decree on amendments and supplements to several Articles of the Government’s Decree No. 94/2014/ND-CP dated October 17, 2014 on establishment and management of natural disaster prevention and control funds (hereinafter collectively referred to as Fund).
Article 1. Amendments and supplements to several Articles of the Government’s Decree No. 94/2014/ND-CP dated October 17, 2014 on establishment and management of natural disaster prevention and control funds
1. Clause 1 and 2 of Article 4 shall be amended as follows:
“1. The Fund is a state extra-budgetary financial trust set up at the provincial level and put under the management of a provincial-level People's Committee. The Fund’s year-end balance may be carried forward to the subsequent year.
2. Specialized bodies counseling and helping provincial-level People's Committees to carry out state management of natural disaster prevention and control activities are entities in charge of managing the Fund; using their personnel for exercising the regulatory authority over the Fund in accordance with laws, possessing their seals and being eligible for opening their accounts at state treasuries, and performing part-time duties to manage the Fund. The Fund’s Director shall be appointed, dismissed or discharged from office under the decision of the President of a provincial-level People’s Committee”.
2. Point g of clause 1 of Article 6 shall be amended as follows:
“g) Members of poor or near-poor households; members of households seriously afflicted by natural disasters, diseases, fires and accidents; members of households at extremely disadvantaged communes located at coastal areas, islands, region-III communes within ethnic minority or mountainous areas; social protection beneficiaries currently receiving monthly social benefits under the decisions of the Prime Minister, Government’s Decrees and other documents providing amendments or supplements to the aforesaid (if any)."
3. Clause 6 of Article 8 shall be amended as follows:
“6. Presidents of provincial-level People’s Committees shall provide each related agency or unit with instructions about the formulation of collection plans, approve and inform these plans to be implemented by such agency or unit; Departments of Taxation in provinces and centrally-affiliated cities shall be responsible for cooperating in supporting collection of payments to the Fund, formulating collection plans and providing fund management bodies with information about total value of existing assets in Vietnam according to annual financial reports with respect to domestic and foreign economic organizations within their ambit.”
4. Clause 1 and 2 of Article 9 shall be amended and supplemented as follows:
“1. Spending on support for natural disaster response activities and preferred support for activities specified in point a, b and c of clause 3 of Article 10 in the Law on Natural Disaster Prevention and Control, and the following activities:
a) Disaster assistance and relief: Providing emergency relief in food, drinking water, curative medicines and other essentials to those suffering from damage caused by natural disasters; supporting the repair of houses, health establishments and schools, and for dealing with environmental sanitation issues in natural disaster-hit areas, repair of evacuation houses serving natural disaster prevention and control or urgent repair of natural disaster prevention and control facilities with a maximum value of VND 3 billion/project.
b) Support for natural disaster response activities: Evacuating people out of dangerous areas; providing health care services; food and drinking water to those in evacuation assembly areas; supporting observation, communication, notification, warning and alert of natural disasters at community; carrying out patrols and inspections to detect areas likely to be inflicted by natural disasters or natural disaster response facility incidents.
c) Support for natural disaster prevention activities: Establishing regulatory frameworks and propagating knowledge about laws; drawing up and reviewing natural disaster prevention and control plans; training and educating forces involved in natural disaster prevention and control activities at the local and community level; performing natural disaster response drills at all levels; training and ensuring continued operation of public dyke maintenance and management forces, task forces for natural disaster prevention and control activities at the communal level.
2. Offering financial support to pay remuneration to direct collection forces and other overhead costs related to collection of payments to the Fund provided that such financial support does not exceed 3% of total collection."
5. Article 9a shall be added after Article 9 as follows:
“Article 9a. Distribution of the provincial-level natural disaster prevention and control fund
1. Based on expenditures of the Fund prescribed in clause 1 of Article 9 herein, provincial-level People’s Committees may decide to authorize or assign district- or commune-level People’s Committees to use the Fund’s receipts on condition that no more than 20% of total receipts arising within districts or communes are used for performing natural disaster prevention and control activities falling within their respective remits.
2. Provincial-level People’s Committees may issue the Fund’s statutes, provide instructions about spending details and amounts, management and use of the Fund, including funding that the district- or commune-level People’s Committees are mandated to use for natural disaster prevention and control activities.”
6. Clause 1 of Article 10 shall be amended as follows:
“1. Presidents of provincial-, district- or commune-level People’s Committees may decide spending amounts and details relevant to beneficiaries upon the request of the Steering Committee on natural disaster response, search and rescue at the same levels."
7. Clause 3 shall be added to Article 11 as follows:
“3. The Fund shall be responsible for following the accounting regime prescribed in law and according to the instructions given by the Ministry of Finance.”
Article 2.Replacing the phrase “independently accounting economic organizations" by the phrase "domestic and foreign economic organizations falling within their remit" prescribed in clause 1 of Article 5; clause 1 and 2 of Article 6; clause 1 and 4 of Article 8 and 15 in the Decree No. 94/2014/ND-CP dated October 17, 2014 regulating establishment and management of natural disaster prevention and control funds.
Article 3. Entry into force
This Decree shall take effect on January 01, 2020.
Article 4. Implementation responsibilities
Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Presidents of People’s Committees of centrally-affiliated cities and provinces, and other entities concerned, shall be responsible for implementing this Decree./.
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