Guidelines on the procedure for determining subjects and areas eligible for irrigation fee exemption in Vietnam

This is an important regulation mentioned in Circular 41/2013/TT-BTC issued by the Ministry of Finance guiding the implementation of certain articles of Decree 67/2012/ND-CP dated September 10, 2012, amending and supplementing certain articles of Decree 143/2003/ND-CP dated November 28, 2003, of the Government of Vietnam detailing the implementation of certain articles of the Ordinance on Exploitation and Protection of Irrigation Works.

The process of confirming the subject and area of land exempted from irrigation fees is guided in Article 7 of Circular 41/2013/TT-BTC, specifically through the following steps:

Confirmation    process    of    the    subject    and    area    exempted    from    irrigation    fees,    Circular    41/2013/TT-BTC

Illustrative image (source: internet)

Step 1: The water management unit cooperates with the commune-level People's Committee based on the cadastral map, water supply method, irrigation, water drainage contracts between the water management unit and water users to prepare a list of subjects and land areas subject to irrigation and drainage fee exemption according to the form specified in Appendix 1 attached to this Circular.

In case the water users are the commune-level People's Committee, cooperatives, cooperative organizations of water users, directors of experimental stations, directors of state farms, a list of households using water must be provided to serve the purpose of monitoring the irrigated, drained areas and for the final settlement of contracts and payments for irrigation fee exemptions.

Step 2: The district-level People's Committee where the subject exempted from irrigation fees resides will check, review the area, and confirm the exempted area in the list prepared by the water management unit.

Step 3: After preparing the list, the water management unit prepares the file for irrigation fee exemption for submission to the competent authority for review and decision.

Note: The determination of the irrigated area exempt from irrigation fees according to Decree 67/2012/ND-CP is based on the area exempted as approved by the Provincial People's Committee according to Decree 115/2008/ND-CP plus the additional surveyed area of the contracted area of state farms according to Decree 135/2005/ND-CP dated November 8, 2005, of the Government of Vietnam and experimental stations and must be completed by June 30, 2013.

The determination of the irrigated area fee exemption according to Decree 67/2012/ND-CP in mountainous regions is based on the regional zoning decision of the Prime Minister and the National Committee for Ethnic Affairs. Annually, if there is a fluctuation in the area of land or water exempted from irrigation fees, the Provincial People's Committee will issue decisions for adjustment and supplementation.

For further regulations, see: Circular 41/2013/TT-BTC effective from May 26, 2013.

Thu Ba

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