DECISION

ON MANAGEMENT AND IMPLEMENTATION OF BOMB, MINE AND EXPLOSIVE MATERIAL DISPOSAL

THE PRIME MINISTER

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

Pursuant to Decree No. 30/2004 / ND-CP dated 16 May 01, 2004, on the functions, tasks, powers and organizational structure of the Ministry of Defense;

Considering the request of the Minister of Planning and Investment,

DECIDES:

Article 1. The Ministry of Defense is responsible for implementing the bomb, mine and explosive material disposal across the country as required by the Prime Minister and the Government’s regulation; implementing the bomb, mine and explosive material disposal for basic investment and construction projects nationwide and taking responsibility for the safety of projects and works during the building and use related to the issues of bombs, mines and explosive materials.

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1. Developing and issuing documents guiding the implementation of bomb, mine and explosive material disposal and relevant legal normative documents for nationwide uniform application. The regulations on management and implementation of bomb, mine and explosive material disposal must be consistent with the current regulations of the State on management of investment and construction to ensure the convenience, quickness and meet the requirements for implementation progress of basic investment and construction projects.

2. Developing the Plan for investigation, survey, information collection and assessment of level of residual bombs, mines and explosive materials to make a map on a national scale for submission to the Government and implementation.

3. Reaching an agreement with the Ministries and sectors concerned to issue under the authority the norms, method of preparing the estimate of bomb, mine nad explosive material disposal; benefits and policies on service of bombs, mines and explosive material disposal activities…

4. Coordinating with the Ministry of Planning and Investment, Ministry of Finance, Ministry of Public Security, Ministry of Foreign Affairs, Vietnam Union of Friendship Organisations and agencies concerned to develop the mechanism for receiving and implementing the projects (or non-project) funded by foreign non-governmental organizations for remedy of consequence of bombs, mines and explosive materials left over from the war for submission to the Prime Minister for decision.

Article 3. Fund to ensure the bomb, mine and explosive materials activities is regulated as follows:

1. The fund to ensure the bomb, mine and explosive materials activities is an expenditure in the total investment of each basic investment and construction project or an independent project invested by the state to carry out the bomb, mine and explosive material disposal for site clearance.

2. For projects using state capital (including development investment capital from the state budget, development investment credit capital of the state, credit capital guaranteed by the state and other state investment capital…), the unit price/1ha for bomb, mine and explosive material is calculated on the principle to ensure the minimum and necessary expenditures for normal activities, long-term stability and development of units in charge of bomb, mine and explosive material and is defined as follows:

a) Expenditure of allowance for forces directly performing task (labor cost excluded)

b) Expenditure of materials and machinery is fully calculated.

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d) No calculation of pre-calculated taxable incomes and taxes.

3. For projects using other capital sources, the unit price of bomb, mine and explosive material disposal is properly and fully calculated under current regulations.

4. The fund estimate used to carry out the bomb, mine and explosive material disposal must be verified by the Ministry of Defense before aggregated into the total fund estimate of project and submitted to the competent authority for approval.

Article 4. Responsibility of Ministries, sectors, localities and investors:

1. Ministry of Construction:

Coordinates with the Ministry of Defense to issue estimate norms of bomb, mine and explosive material disposal for projects under the investment capital specified in Article 3 of this Decision.

2. Ministry of Labour - Invalids and Social Affairs:

Coordinates with the Ministry of Defense in developing mechanisms, policies and benefits for officers and soldiers directly performing tasks of bomb, mine and explosive material disposal to be submitted to the Prime Minister for consideration and decision.

3. Ministry of Homa Affairs:

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4. Ministry of Planning and Investment:

Coordinates with the Ministry of Defense and other Ministries and sectors concerned to inspect and urge the implementation of bomb, mine and explosive material disposal and promptly deal with difficulties and problems under its authority; request the settlement of problems arising beyond its authority to the Prime Minister, ensure the facilitation of bomb, mine and explosive material disposal; mobilize non-refundable aid from foreign countries and non-government organizations for bomb, mine and explosive material disposal.

5. Ministries, sectors, localities and investors:

Closely coordinate with the Ministry of Defense to propose the needs for bomb, mine and explosive material disposal right after policies on project investment; organize the implementation with the effectiveness, thrift and compliance with regulation.

Article 5. This Decision takes effect 15 days after publication in the Gazette.

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, Chairman of People's Committees of provinces and centrally-affiliated cities, Board of Directors of the State Corporations shall be responsible for the implementation of this Decision. /.

PRIME MINISTER




Phan Van Khai