This is a notable regulation issued under Circular 41/2013/TT-BTC guiding the implementation of certain provisions of Decree 67/2012/ND-CP dated September 10, 2012, amending and supplementing certain provisions of Decree 143/2003/ND-CP dated November 28, 2003 of the Government of Vietnam detailing the implementation of certain provisions of the Ordinance on Exploitation and Protection of Irrigation Works.
Article 1 of Circular 41/2013/TT-BTC stipulates the irrigation fee and water charge rates for irrigation works specified in Clauses 1 and 2 of Article 19 of Decree 143/2003/ND-CP, as amended and supplemented in Clause 1, Article 1 of Decree 67/2012/ND-CP dated September 10, 2012.
Illustration (source: internet)
The determination of irrigation fee and water charge rates for irrigation works shall depend on each locality and is specifically guided in Circular 41/2013/TT-BTC as follows:
- The People's Committees of provinces and centrally-run cities shall, based on the approved irrigation works system planning of their provinces, specific conditions of each irrigation work, and relevant activities of each irrigation works system, decide on specific collection rates for the water use subjects specified in subsections 5, 7, and 8 of the Water Charge Rate Schedule at Point d, Clause 1, Article 19 of Decree 143/2003/ND-CP, as amended in Clause 1, Article 1 of Decree 67/2012/ND-CP.- The People's Committees of provinces and centrally-run cities shall, based on the approved irrigation works system planning of their provinces, the structure of the irrigation works system, and the guidance of the Ministry of Agriculture and Rural Development, define the positions of main canal sluices and the irrigation and drainage measures of water user cooperation organizations. The position of the main canal sluices of water user cooperation organizations serves as a basis to determine the range of irrigation fees payable according to state regulations and internal irrigation service fees, and as a basis to delineate management responsibilities and operating, maintenance, and repair costs of irrigation works management and exploitation organizations and water user cooperation organizations.- Regulation of irrigation fee rates: The People's Committees of provinces and centrally-run cities shall, based on the approved irrigation works system planning of their provinces, the structure of the irrigation works system, the irrigation and drainage processes and measures, and the irrigated and drained cultivating land area, issue Decisions on irrigation fee rates for each area and irrigation measure as a basis for estimating compensation costs for exempted irrigation fees.- Based on the socio-economic conditions of the locality and the characteristics of each irrigation works system, the People's Committees of provinces and centrally-run cities shall define the ceiling service fee rates for water sourcing from cooperation organizations, calculated from after the main canal sluices to the field's surface (in-field canals) as agreed upon by the water user cooperation organizations and entities, known as internal irrigation service fees. The internal irrigation service fees of water user cooperation organizations must not exceed the ceiling rates defined by the People's Committees of provinces and centrally-run cities.
Refer to other regulations in Circular 41/2013/TT-BTC, effective from May 26, 2013.
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