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Soil Pollution Prevention and Control Fund System

According to news from the Ministry of Natural Resources website on the 27th, recently, the Ministry of Finance, the Ministry of Ecology and Environment, the Ministry of Agriculture and Rural Affairs, the Ministry of Natural Resources, the Ministry of Housing and Urban-Rural Development, and the National Forestry and Grassland Administration issued the "Soil Pollution Prevention and Control Fund Management Measures" ” (hereinafter referred to as the “Measures”). The "Measures" contains 19 detailed rules and will be implemented from the date of issuance.

The "Measures" clarify the main purposes of the fund: first, the prevention and control of soil pollution on agricultural land; second, the management, control and restoration of soil pollution risks that cannot be identified by the person responsible for soil pollution or the land use right holder; third, other matters stipulated by the government matter. Special funds and funds for soil pollution prevention and control shall not be allocated to the same project to avoid duplication of investment.

The "Measures" point out that the fund operates in accordance with market-oriented principles, and each investor should clearly agree on the method of handling income and bearing losses in accordance with the principle of "maximum sharing of benefits and maximum risk sharing". If investment income and interest belong to the government, they shall be turned over to the treasury at the same level in full and in a timely manner in accordance with the relevant provisions of the fiscal treasury management system, unless it is clearly agreed that they will continue to be used for the rolling purposes of the fund. The losses of the fund should be borne jointly by the capital contributors, and the government should bear limited liability limited to the amount of capital contributed.

At the same time, the "Measures" require that provincial financial departments should, in conjunction with relevant business departments, supervise the operation of funds, and problems discovered should be handled in accordance with relevant provisions such as the Budget Law and the Regulations on Punishments for Fiscal Violations be processed. Those suspected of committing a crime shall be transferred to judicial organs for investigation of criminal liability.