The implementation rules for Yunnan will come into effect on March 1

In order to standardize and strengthen the management of central water pollution prevention and control funds, promote water pollution prevention and control work, and improve the efficiency of the use of financial funds, the Yunnan Provincial Department of Finance recently issued the "Detailed Rules for the Implementation of the Management of Central Water Pollution Prevention and Control Funds in Yunnan Province". The funds focus on supporting the prevention and control of water pollution in river basins, the protection and restoration of watershed water ecology, the protection of centralized drinking water sources, the protection of groundwater ecological environment, the capacity building of water pollution prevention and control supervision, and other matters that need support.

Yunnan Provincial Central Water Pollution Prevention and Control Fund Management Implementation Rules

Chapter I General Provisions

Article 1 In order to standardize and strengthen the management of central water pollution prevention and control funds, promote the prevention and control of water pollution, and improve the efficiency of the use of financial funds, in accordance with the Budget Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Control of Water Pollution, the Measures for the Administration of Special Transfer Payments from the Central Government to Local Governments (Cai Pre [2015] No. 230), the Measures for the Management of Funds for the Prevention and Control of Water Pollution (Cai Zi Huan [2021] No. 36), and the Interim Measures for the Management of the Reserve System of Central Ecological and Environmental Protection Transfer Payment Fund Projects (Cai Zi Huan [ 2021] No. 36), and the Interim Measures for the Management of the Reserve System of Central Ecological and Environmental Protection Transfer Payment Funds (Cai Zi Huan [ 2021] No. 36) 2021] No. 91), the Implementation Plan for the Reform of the Division of Fiscal Powers and Expenditure Responsibilities in the Field of Ecology and Environment in Yunnan Province (Yunzheng Banfa [2021] No. 9) and other provisions, combined with the actual conditions of our province, these detailed rules are formulated.

Article 2 The central water pollution prevention and control fund (hereinafter referred to as the prevention and control fund) as used in these Detailed Rules refers to the funds issued by the central government to our province specifically for supporting the prevention and control of water pollution and the protection of the water ecological environment.

Article 3: The allocation, management, and use of prevention and control funds shall follow the following principles:

(1) Resolutely implement the decision-making and deployment of the Party Central Committee, the State Council and the Provincial Party Committee and Provincial Government, highlight the key points of water pollution prevention and control work in our province, and actively support the vanguard of the construction of ecological civilization and the construction of the most beautiful province.

(2) Comply with the national and provincial macro policies, relevant plans for ecological environmental protection, and special plans for the prevention and control of water pollution.

(3) In accordance with the requirements of the preparation of medium-term financial planning, the overall arrangement of relevant work should be considered as a whole.

(4) Persist in openness, fairness, and impartiality, and actively accept social supervision.

(5) Implement the whole process of budget performance management, strengthen fund supervision, and give full play to the benefits of funds.

(6) Adhere to the result-oriented, when arranging prevention and control funds, comprehensively consider the completion of key tasks in key areas of water pollution prevention and control, the effectiveness of risk control and the improvement of water environment quality, implement the rectification of problems raised by the central inspection and central environmental protection inspectors, and highlight the incentives for areas with better performance in the use of funds and the improvement of water environment quality.

Article 4: Prevention and control funds are to be managed by the Provincial Department of Finance in conjunction with the Provincial Department of Ecology and Environment.

The Provincial Department of Finance is mainly responsible for reviewing the proposed plan and performance targets for the allocation of funds, issuing budget funds, guiding the implementation of the whole process of budget performance management, and guiding all localities to do a good job in fund supervision.

The Provincial Department of Ecology and Environment is mainly responsible for the management of the prevention and control fund project database, determining the annual fund support priorities and fund allocation standards, researching and proposing the proposed fund allocation plan and performance targets, carrying out daily supervision and evaluation of the project, organizing the implementation of the whole process of budget performance management, supervising and guiding all localities to do a good job in project organization and implementation, specific use and supervision of funds, etc.

Local financial departments are responsible for the management of funds within their jurisdiction, and local ecological and environmental departments are responsible for the organization and implementation of projects within their jurisdictions, the specific use and supervision of funds.

Chapter II Scope of Financial Support

Article 5: The scope of key support for prevention and control funds includes:

(1) Prevention and control of water pollution in river basins;

(2) Ecological protection and restoration of watersheds;

(3) Protection of centralized drinking water sources;

(4) Protection of groundwater ecological environment;

(5) Water pollution prevention and control supervision capacity building;

(6) Other matters that require support.

The number of funds allocated by the province each year for capacity building shall not exceed 5% of the total annual scale of prevention and control funds.

Article 6: Incentive funds for the construction of horizontal ecological compensation mechanisms for the upstream and downstream of inter-provincial river basins mainly support projects in areas involved in the horizontal ecological compensation agreements for the upper and lower reaches of inter-provincial river basins. The horizontal ecological compensation mechanism of the Yangtze River Basin mainly supports projects in areas where horizontal ecological compensation agreements are signed and are running well in the Yangtze River Basin.

Article 7: Matters that do not comply with relevant provisions such as laws, administrative regulations, etc., where policies have expired, where relevant targets have been achieved or have been implemented with poor results, or where performance is low, as well as projects that have received central financial support from other channels such as central infrastructure investment, must not be included in the scope of prevention and control fund support. Local ecological environment, financial departments and project units must not repeatedly declare prevention and control funds.

Article 8: All localities and departments must not spend personnel and daily public funds, work expenses, purchase of means of transportation, construction of buildings, halls, and other such facilities in the prevention and control funds.

Chapter III Allocation of Funds and Implementation of the Budget

Article 9: Prevention and control funds are allocated using the project method. Projects supported by prevention and control funds are selected from the central project reserve pool, and priority is given to supporting projects with high maturity and can form a physical workload and effective expenditure as soon as possible. Projects not included in the central project repository will not be supported.

Article 10 The Provincial Department of Ecology and Environment shall, on the basis of the investment direction and priorities determined by the Ministry of Ecology and Environment, the Ministry of Finance, the Provincial Party Committee and the Provincial Government, organize and carry out project declaration, warehousing review, technical assistance, push warehousing and other such work. Local ecological and environmental departments, together with financial departments at the same level, organize the declaration of projects in their respective regions, and review and report them step by step in the central project database system. In the project declaration, all localities should implement the reform requirements for the division of fiscal powers and expenditure responsibilities in the field of ecological environment. The project declaration unit is responsible for the authenticity and compliance of the declared project.

Article 11 The Provincial Department of Ecology and Environment shall examine the projects declared by each prefecture (city), and include those that meet the conditions in the central environmental protection fund project reserve management in accordance with the warehousing procedures。 The Provincial Department of Ecology and Environment completed the review and reporting of the project storage and project adjustment of the central project reserve pool one month before the time required by the central project reserve database, and strived to make the scale of the project funds entering the central project reserve pool in the province not less than 1.5 times the scale of the previous year's arranged funds.

Article 12 Within 15 days of receiving the indicator documents issued by the central government, the Provincial Department of Ecology and Environment shall, in conjunction with the needs of the province's water pollution prevention and control and water environment quality improvement tasks, the completion of the previous year's targets, the results of performance management, and other factors, select projects from the central environmental protection project reserve pool, put forward fund allocation proposals and performance targets to the Provincial Department of Finance, and simultaneously complete the work of entering the financial project database.

Article 13: The Provincial Department of Finance shall comprehensively consider the proposed fund allocation plan and performance targets proposed by the Provincial Department of Ecology and Environment, review and determine the fund allocation plan for prevention and control, and release the funds within 15 days of receiving the fund allocation proposal plan and performance targets officially submitted by the Provincial Department of Ecology and Environment. The results of project establishment and fund allocation should be promptly disclosed to the public and subject to social supervision. After each state (city) receives the prevention and control fund indicator documents, the ecological environment department shall propose the fund allocation plan and specific performance targets to the financial department within 15 days, and the financial department shall decompose and issue the funds and specific performance targets within 15 days after review and determination by the financial department, and report to the Provincial Department of Finance and the Provincial Department of Ecology and Environment for the record.

Article 14: Highlight support for key projects that have a relatively large impact on the improvement of ecological and environmental quality, and for projects with a large amount of investment and a new year's implementation period, funds may be arranged in annual and batches according to the progress of project implementation, and when arranging financial support for the first time, clarify the annual financial support plan (not more than three years), and give priority to arranging funds in subsequent years as planned, to ensure the effectiveness of the implementation of major projects.

Article 15 The Provincial Department of Ecology and Environment shall, after the fund allocation plan is determined, promptly approve the annual investment plans of local projects, mainly including: project name, project supervisor unit, project implementation unit, project implementation site, project annual investment scale, main construction tasks of the project, and main performance objectives of the project. The approval of the annual investment plan of the project will be one of the main bases for project implementation, inspection, acceptance and performance evaluation.

Article 16: Prevention and control fund disbursements are to be carried out in accordance with the relevant provisions of the centralized payment system of the State Treasury, and where they fall within the scope of government procurement management, they shall be carried out in accordance with the relevant provisions on government procurement. The carry-over balance of prevention and control funds shall be handled in accordance with the relevant provisions of the Ministry of Finance and our province on the management of balance carry-over funds.

Article 17: Prevention and control funds must not arbitrarily change their purpose, location, or content, or adjust their budgets. Where adjustments or changes are truly necessary, they shall be submitted for approval step by step according to the management authority, and shall be adjusted and implemented after approval by the Provincial Department of Ecology and Environment and the Provincial Department of Finance.

Chapter IV Fund Performance Management

Article 18: Prevention and control funds are to be managed throughout the budget performance of the whole process, and performance targets are simultaneously issued when the budget is decomposed and issued. Local ecological environment and financial departments should implement "double monitoring" of the degree of achievement of performance targets and the progress of budget implementation, and analyze the causes of problems found and correct them in time to ensure that performance targets are achieved on schedule, quality and quantity.

Article 19: The Provincial Department of Ecology and Environment and the Provincial Department of Finance shall coordinate and organize the whole process of budget performance management, and establish a performance management work mechanism. The Provincial Department of Ecology and Environment and the unit using funds are the main body responsible for and implementing the performance self-evaluation work, carry out self-evaluation according to requirements, carry out departmental evaluation in a timely manner, strengthen the review of performance self-evaluation results, ensure that the content of performance self-evaluation results is complete, true and reliable, and strictly prohibit fraud. The Provincial Department of Finance conducts self-assessment and review and conducts financial performance evaluation according to the needs of the work.

Each prefecture (city) ecological environment department shall carry out the self-evaluation of the performance of the budget implementation of the previous year's funds (including the funds carried forward from the previous year) in February of each year, form a performance self-assessment report, and submit it to the Provincial Department of Ecology and Environment before the end of February.

The Provincial Department of Ecology and Environment shall review the performance self-assessment results of each state (city) and summarize the performance self-assessment report, which shall be submitted in a timely manner in accordance with the relevant requirements of the Ministry of Ecology and Environment and the Ministry of Finance.

The performance self-evaluation report should mainly include: the decomposition and issuance of performance targets, the completion of performance targets (including the implementation and management of funds, the completion of overall performance targets, the completion of performance indicators, etc.), the analysis of the reasons for deviation from performance targets and the next step of improvement measures, the proposed application of performance self-assessment results, and other issues that need to be explained.

Article 20 The Provincial Department of Finance and the Provincial Department of Ecology and Environment shall take the results of performance management as an important basis for improving policies, improving management, and allocating prevention and control funds in subsequent years, and the results of performance management shall be linked to the allocation of funds in the next year, and in areas where there are many problems in project implementation, poor efficiency in the use of funds, and large discrepancies between the results of performance self-evaluation and the actual situation, in addition to rectification and reform as required, strict and tight consideration shall be given to the allocation of funds in the next year.

Article 21: Where local ecological environment and financial departments discover major problems such as the illegal use of prevention and control funds, serious losses and waste, and ineffectiveness in the course of performance management, they shall promptly report to the Provincial Department of Finance, the Provincial Department of Ecology and Environment, and other departments in accordance with procedures.

Chapter V: Supervision and Management of Funds

Article 22: In accordance with the principle of "whoever uses, who is responsible", ecological and environmental departments and fund-using units at all levels are responsible for project construction and fund use management, and financial departments at all levels are responsible for the supervision and management of the use of prevention and control funds within their jurisdiction.

Article 23: The Provincial Department of Ecology and Environment, together with the Provincial Department of Finance, dispatches quarterly the implementation of the budget for prevention and control funds and the progress of project implementation. The ecological environment departments of each state (city) together with the financial departments shall report the progress of the project and the implementation of the budget in the previous quarter to the Provincial Department of Ecology and Environment and the Provincial Department of Finance before the 10th of the first month of each quarter, and focus on the supervision and inspection of the use of funds, work progress, construction management, and improvement of water environment quality in the jurisdiction to ensure the efficiency of the use of funds. For project construction and the use of funds discovered in the course of dispatch, the ecological environment and financial departments of all localities shall promptly report them step by step, and must not conceal, delay or lie.

Where the Ministry of Finance and the Ministry of Ecology and Environment have other requirements for the implementation of the capital budget and the scheduling of project implementation, follow those provisions.

Article 24: The Provincial Department of Ecology and Environment shall order areas that violate regulations to expand the scope of expenditure, lag behind in the progress of projects, idle precipitate prevention and control funds, or have false or concealed reports in project declaration, scheduling, and performance management.

Where the circumstances are serious, the Provincial Department of Ecology and Environment shall interview the main responsible persons of the ecological environment departments and project implementation units in the relevant areas, and notify them throughout the province. Where rectification is ineffective, the appropriation or recovery of funds shall be suspended, and the funding arrangements for the next year shall be deducted or cancelled.

Article 25 All levels of finance, ecological environment departments, and project implementation units shall consciously accept the auditing, performance management, supervision and inspection and other supervision work of the auditing departments at all levels, the Yunnan Supervision Bureau of the Ministry of Finance and other relevant departments. The problems found in various inspections, inspections, circulars, etc. will be used as an important basis for the adjustment of the distribution of prevention and control funds in the following years.

Article 26: Prevention and control funds must not be withheld, squeezed out, or misappropriated by any unit or individual. The relevant departments shall promptly stop and correct units and individuals who have defrauded funds by providing false declaration materials, cheated in the implementation of projects, interfered with the monitoring and testing of relevant departments, and violated national laws, regulations, and relevant provisions, and pursued corresponding responsibilities in strict accordance with the "Budget Law of the People's Republic of China", "Regulations on punishment and punishment of financial violations" and other relevant provisions. Where a crime is suspected, transfer it to the judicial organs for handling in accordance with law.

Article 27: Where all levels of financial and ecological environment departments and their staffs illegally allocate and use funds, as well as other violations of law or discipline such as abuse of power, dereliction of duty, favoritism, or fraud, they are to be investigated for corresponding responsibility in accordance with the "Budget Law of the People's Republic of China," the "Supervision Law of the People's Republic of China," the "Regulations on Punishment and Punishment of Fiscal Violations," and other relevant provisions. Where a crime is suspected, transfer it to the judicial organs for handling in accordance with law.

Chapter VI Supplementary Provisions

Article 28 Other matters not specified in these Detailed Rules shall be implemented in accordance with the relevant provisions of budget management such as the Measures for the Administration of Special Transfer Payments from the Central Government to Local Governments (Cai Pre [2015] No. 230).

Article 29 The Provincial Department of Finance, together with the Provincial Department of Ecology and Environment, shall be responsible for the interpretation of these Detailed Rules.

Article 30 These Detailed Rules shall take effect on March 1, 2022, and shall be effective until December 31, 2025. The Detailed Rules for the Implementation of the Management of Water Pollution Prevention and Control Funds in Yunnan Province (Yunnan Treasury And Capital Ring [2019] No. 24) shall be abolished at the same time.

Transferred from yunnan provincial department of finance

Source: Yunnan Net