Decision No. 02/2007/QD-BNN Establishing the Investment and Construction Management Board for Water Resources Project 2 under the Ministry of Agriculture and Rural Development

Pursuant to …;

Establishing the Investment and Construction Management Board for Irrigation Project 2 under the Ministry of Agriculture and Rural Development

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decrees of the Government No. 08/2005/NĐ-CP dated January 24, 2005 on planning construction; No. 16/2005/NĐ-CP dated February 7, 2005 on project management; No. 112/2006/NĐ-CP dated September 29, 2006 amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP; and No. 209/2004/NĐ-CP dated December 16, 2004 on construction quality management;

Pursuant to Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government stipulating procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-run public service organizations.

At the proposal of the Director of the Construction Management Department and the Head of the Cadre and Civil Service Department,

DECISION:

Article 1: Position and Functions

Establish the Investment and Construction Management Board for Irrigation Project 2 under the Ministry of Agriculture and Rural Development based on reorganizing and rearranging the Irrigation Project 403 Management Board.

The Investment and Construction Management Board for Irrigation Project 2 shall be responsible for managing and utilizing state capital and other sources of capital (if any) to invest in constructing irrigation works (including irrigation projects and dyke systems) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Irrigation Project 2 is a state-run economic entity with legal personality, its own seal, and a bank account at a commercial bank or state treasury to operate in accordance with the law.

The Investment and Construction Management Board for Irrigation Project 2 shall be responsible for directly receiving capital from funding agencies to manage and implement projects from the investment preparation stage through implementation to completion and commissioning in accordance with the law on direct project management by the investor. The operating costs of the Investment and Construction Management Board for Irrigation Project 2 shall be included in the investment budget of each project in accordance with current regulations.

The main office of the Investment and Construction Management Board for Irrigation Project 2 shall be located in Hai Duong City, Hai Duong Province (the office of the Irrigation Project 403 Management Board), with a secondary office in Hai Phong City and a third office in Thai Nguyen City, Thai Nguyen Province.

Article 2. Tasks and Powers

The Investment and Construction Management Board for Irrigation Project 2 shall perform the responsibilities and powers of the investor for construction investment projects in 13 provinces and centrally-administered cities including Ha Giang, Cao Bang, Tuyen Quang, Bac Kan, Thai Nguyen, Lang Son, Bac Giang, Bac Ninh, Hung Yen, Hai Duong, Thai Binh, Quang Ninh, and Hai Phong, as decided by the Minister of Agriculture and Rural Development. Specific tasks are as follows:

1. Preparing investment construction projects:

- Implementing the duties and powers set forth in Article 41 of the Construction Law; Articles 5, 6, 12 (excluding Clause 1 and Clause 4) and Article 13 (excluding Clause 1) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clauses 3, 4, 7, and 8 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

2. Managing investment construction projects:

- Implementing the duties and powers set forth in Article 45 (excluding Point a of Clause 2) of the Construction Law; Points 2 of Clause 11 and Clause 12 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

3. Selecting contractors in construction activities:

- Implementing the duties and powers set forth in Articles 9, 25, 32, 33, 34 (Clause 2), 35, 36, 61, 62, 63 of the Public Procurement Law; Article 104 of the Construction Law;

4. Surveying and designing construction:

- Implementing the duties and powers set forth in Article 50 of the Construction Law (excluding Point a of Clause 1); Articles 6, 7, 8, 9, 11 (Point b of Clause 1), and Article 12 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

5. Designing construction works:

- Implementing the duties and powers set forth in Article 57 of the Construction Law (excluding Point a of Clause 1); Articles 13, 14, 16, 17 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government; Articles 16 and 17 (Clauses 2, 3, 4) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clause 9 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

6. Constructing works:

- Implementing the duties and powers set forth in Articles 68, 72, 75 (excluding Point a of Clause 1) of the Construction Law; Clauses 1 and 3 of Article 18 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government; Articles 30, 31, 32, 33 (Clause 3), and 34 (Clause 3) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government;

7. Supervising construction:

- Implementing the duties and powers set forth in Articles 87, 88, 89 of the Construction Law; Article 21 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

8. Acceptance and handover of construction works:

- Implementing the duties and powers set forth in Article 80 of the Construction Law; Articles 23, 24, 25, 26, 27 (Clause 3), 30, and 35 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

9. Payment and settlement in construction activities:

- Implementing the duties and powers set forth in Clauses 2 and 3 of Article 81 of the Construction Law; Article 42 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clause 14 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

10. Other related construction activities:

- Proposing units that will manage and use the works after completion to assign personnel to participate in investment and construction management and take over management and use upon completion, subject to approval by the decision-making authority;

- Cooperating with local authorities within the project area to resolve specific issues of each project;

- Depending on the scale, nature, and time requirements of the project, the Investment and Construction Management Board for Irrigation Project 2 may enter into contracts with one or more main contractors. Main contractors may subcontract work to one or more sub-contractors but must obtain prior approval from the Investment and Construction Management Board for Irrigation Project 2 in the contract signed with the investor and comply with the legal provisions on public procurement.

- Fulfill all other rights and obligations of the investor as stipulated in the Construction Law, Bidding Law, Decrees No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment construction works, No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain provisions of Decree No. 16/2005/NĐ-CP, No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Bidding Law and the selection of contractors under the Construction Law, No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on quality management of construction works, and other relevant legal regulations.

11. Manage the organization, staff establishment, and assets of the Board in accordance with regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for officials and employees within the Board's jurisdiction.

12. Perform other tasks assigned by the Minister.

Article 3. On Management of Projects Funded by Official Development Assistance (ODA); projects where the Minister of Agriculture and Rural Development is the investor.

1. The Investment and Construction Management Board No. 2 shall be responsible for coordinating with the Central Project Management Board for Water Resources (CPO) to manage and organize the implementation of water resources investment and construction projects funded by ODA in accordance with current laws on investment and construction management and agreements signed between the Socialist Republic of Vietnam and international sponsors and specific international treaties regarding ODA.

2. Depending on the scale, nature, and complexity of each water resources investment and construction project funded by ODA or projects where the Minister of Agriculture and Rural Development is designated by the Prime Minister as the investor, the Ministry may decide to establish separate organizations to assign the Board to perform the functions of the Project Management Unit (Sub-project Management Board), some or all of the investor's responsibilities as stipulated by current laws on investment and construction management, agreements signed between the Socialist Republic of Vietnam and international sponsors, and specific international treaties regarding ODA.

Article 4. Organizational Structure

1. Leadership of the Board:

The Director and Deputy Directors are appointed and relieved of their positions by the Minister of Agriculture and Rural Development in accordance with current regulations;

The Director of the Investment and Construction Management Board No. 2 manages and oversees all activities of the Board, being fully accountable to the Minister of Agriculture and Rural Development and to the law for all activities of the Board;

Deputy Directors assist the Director in performing specific tasks assigned by the Director, being accountable to the Director and to the law for the execution of the assigned tasks and delegated authority;

2. Supporting machinery for the Director:

- Organization and Administrative Department;

- Planning and Finance Department;

- Technical Review and Budget Department;

- Construction Management Department.

3. Project Management Board:

The Project Management Board is established when the investment project is approved and dissolved upon completion of the construction project. The Project Management Board has a Head and one Deputy Head. The Project Management Board performs tasks and powers delegated by the Director of the Investment and Construction Management Board No. 2. The Head of the Project Management Board is accountable to the Director of the Investment and Construction Management Board No. 2 and to the law according to the assigned tasks and delegated authority.

Heads and Deputy Heads of specialized departments, Project Management Board Heads and Deputy Heads, and Chief Accountants are appointed in accordance with current regulations; officials and employees recruited to work at the Board are classified and paid salaries in accordance with current state regulations based on job requirements and the Civil Servant Law.

Article 5. The Directors and Deputy Directors of the Project Management Board No. 403 who are assigned to serve as Directors and Deputy Directors of the Investment and Construction Management Board No. 2 will have their terms of appointment calculated from the date they were appointed as Directors and Deputy Directors of the Project Management Board No. 403.

Article 6. Effectiveness

This Decision takes effect 15 days after its publication in the Official Gazette, replacing Decision No. 3906/QĐ/BNN-TCCB dated November 8, 2004 of the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of water resources project management boards, Article 4 of Decision No. 39/2006/QĐ-BNN dated May 19, 2006 of the Minister of Agriculture and Rural Development amending and supplementing certain provisions in decisions of the Ministry regarding the functions, tasks, powers, and organizational structures of the Construction Management Bureau; the Flood Control and Storm Prevention Bureau; the Central Project Management Board for Water Resources; and the water resources project management boards directly under the Ministry, and abolishing previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Decision.

Article 7. Responsibility for Implementation

1. The Director of the Investment and Construction Management Board No. 2 is responsible for taking over the existing Project Management Board No. 403 to organize the implementation of tasks from the date this Decision takes effect and to draft the charter of the organization and operations of the Investment and Construction Management Board No. 2 for approval by the Minister, while working with competent state agencies to complete necessary procedures to operate in accordance with the law.

2. Functional agencies of the Ministry are responsible for managing, guiding, and inspecting the activities of the Investment and Construction Management Board No. 2 in accordance with their assigned functions and tasks.

3. The Heads of the Office, the Personnel Department, the Construction Management Bureau, the Water Resources Bureau, the Flood Control and Storm Prevention Bureau, the Heads of related agencies and units under the Ministry, and the Director of the Investment and Construction Management Board No. 2 are responsible for implementing this Decision./.