Decision No. 09/2002/QD-BNN on the issuance of the Regulation on the organization and implementation of the Coastal Sand Dune Reforestation Project in South Central Vietnam (PACSA)

 

DECISION

Regarding the issuance of the Regulation on the organization and implementation of the Forest Planting Project on Coastal Sandy Land in South Central Vietnam (PACSA)

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

On the basis of Decree No. 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

On the basis of Decision No. 562 QD/BNN/HTQT dated February 20, 2001 of the Minister of Agriculture and Rural Development approving the Forest Planting Project on Coastal Sandy Land in South Central Vietnam;

Considering the proposal of the Director of the Forestry Project Management Board at Report No. 1130 DALN/PACSA dated November 22, 2001 regarding the request for approval of the regulation on the organization and implementation of the Forest Planting Project on Coastal Sandy Land in South Central Vietnam;

At the proposal of the Director of the Department of Organization and Cadres.

DECISION:

Article 1.- Issuing the "Regulation on the Organization and Implementation of the Forest Planting Project on Coastal Sandy Land in South Central Vietnam" (abbreviated as PACSA).

Article 2.- THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3.- The Head of the Ministry's Office, the Department Heads of the Organizational and Cadre Department, the Heads of units related to the Ministry, the Central Project Management Board and Provinces, the Director of the Forestry Project Management Board, the Central Project Director and the Provincial Project Directors are responsible for implementing this Decision.

 

 

REGULATIONS

ORGANIZATION AND IMPLEMENTATION OF THE FOREST PLANTING PROJECT ON COASTAL SANDY LAND IN SOUTH CENTRAL VIETNAM (PACSA)
(Issued pursuant to Decision No. 09/2002/QD/BNN-TCCB, January 17, 2002 of the Minister of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1.- The Forest Planting Project on Coastal Sandy Land in South Central Vietnam (abbreviated as PACSA) is an investment project in the forestry sector funded by无偿的日本政府对越南政府的援助。PACSA的实施必须遵守日本政府和越南政府关于接受、管理和使用无偿援助的规定。

Article 2.- In In this regulation, the abbreviations shall be understood as follows:

PACSA: Forest Planting Project on Coastal Sandy Land in South Central Vietnam (initials of the English words)

JICA: Japan International Cooperation Agency

JFEC: Japanese Forestry Technical Consulting Company

BĐHDATU: Central Project Management Board

BĐHDAT: Provincial Project Management Board

BQLDATU: Central Project Management Board

BQLDAT: Provincial Project Management Board

UBND: People's Committee

BQLCDALN: Forestry Project Management Board

Ministry of Agriculture and Rural Development: Ministry of Agriculture and Rural Development

Department of Agriculture and Rural Development: Department of Agriculture and Rural Development

KH and DT: Planning and Investment

TC: Finance

HTQT: International Cooperation

PTLN: Forestry Development

TCKT: Financial Accounting

KHQH: Planning and Master Planning

KH-KT: Planning and Technology

Article 3.- All funds of PACSA consist of non-repayable aid from the Government of Japan and counterpart funds from the Government of Vietnam, which are revenues from the state budget invested for the purpose of "forest planting on coastal sandy land in South Central Vietnam" in four provinces of Quang Nam, Quang Ngai, Phu Yen, and Khanh Hoa. These funds may not be used for other purposes.

Article 4.- PACSA is organized, managed, and controlled uniformly from central to local levels (from the Ministry of Agriculture and Rural Development to participating provinces) following a decentralized management and implementation approach at the provincial level.

Article 5.- The Minister of Agriculture and Rural Development is authorized by the Prime Minister to make investment decisions and is fully responsible for PACSA according to the provisions of the Prime Minister in Document No. 4305/VPCP-QHQT dated October 6, 2000 of the Government Office.

Article 6.- The Chairmen of the People's Committees of the provinces with projects decide to establish: Provincial Project Management Boards and County Project Management Boards to organize and implement specific project activities at the site according to the agreement between the Governments of Vietnam and Japan, and the Decision of the Minister of Agriculture and Rural Development approving the PACSA project.

Chapter II

FUNCTIONS AND TASKS OF MANAGEMENT OF THE PROJECT AT DIFFERENT LEVELS

Section 1: CENTRAL MANAGEMENT ORGANIZATION.

Article 7.- Central Project Management Board.

1- The Central Project Management Board is established by the Minister of Agriculture and Rural Development, comprising representatives from the Ministries of Planning and Investment, Finance; relevant Departments and Divisions of the Ministry of Agriculture and Rural Development; Forest Project Management Board; leaders of provincial People's Committees and Provincial Departments of Agriculture and Rural Development involved in the project.

2- The Central Project Management Board is responsible to the Ministry of Agriculture and Rural Development for all activities of PACSA, with the following duties:

a) Directing and overseeing the implementation and management of the project in accordance with the objectives and contents approved by the Minister of Agriculture and Rural Development.

b) Approving the annual plan of the project to submit it for approval by the Ministry and allocate the plan to the Central Project Management Board for execution.

c) Guiding the principles, policies, and regulations of the State and the Sector regarding the implementation of the project.

d) Monitoring and supervising the implementation of State systems and policies as well as relations with partners, including the Government and organizations representing the Japanese Government.

đ) Reporting periodically to the Ministry of Agriculture and Rural Development and related Ministries and Sectors as prescribed.

Article 8.- Central Project Management Board.

1- The Central Project Management Board is the permanent body of the Central Project Management Board. The Office of the Central Project Management Board of PACSA is a member of the Forest Project Management Board established by the Minister of Agriculture and Rural Development.

The Project Management Board has a Project Director, Coordinator, Technical Staff, Accountant, and other project staff. The Project Director and Coordinator are appointed by the Minister of Agriculture and Rural Development. Other staff members are proposed by the Project Director and decided upon by the Head of the Forest Project Management Board. The Project Management Board Office is located at 1A Nguyen Cong Tru Street, Hanoi, current contact address: Room 308, Tel: (84 4) 8210176; Fax: (84 4) 9710972.

2- The Central Project Management Board has the following responsibilities:

a) Coordinating with Japanese Consulting Companies and Contractors to receive Japanese Government aid and counterpart funds from the Vietnamese Government to implement the project.

b) Managing and directing the implementation of the project according to the directives of the Central Project Management Board.

c) Preparing activity plans and submitting the annual plan of the project for approval.

d) Regularly coordinating with Japanese Consulting Companies and Contractors in designing the project, preparing contractual documents and tender documents for the project.

đ) Monitoring the progress and quality of project works.

e) Certifying payments to Japanese Consulting Companies and Contractors according to the agreed schedule between the Ministry of Agriculture and Rural Development and the aforementioned companies.

g) Organizing the implementation of the project and establishing relationships between Japanese Consulting Companies, Contractors, and relevant units on the Vietnamese side.

h) Receiving and distributing project equipment to designated addresses as stipulated in the signed project documentation.

i) Guiding provincial Project Management Boards in preparing necessary conditions for project implementation, assisting provincial Project Management Boards in coordinating with Japanese Consulting Companies and Contractors to effectively execute the project according to the letters of exchange between the Governments of Japan and Vietnam.

k) Representing the Central Project Management Board in managing and supervising all activities of Japanese Consulting Companies, Contractors, provincial Project Management Boards, and Vietnamese Subcontractors.

Section 2: LOCAL MANAGEMENT ORGANIZATION.

Article 9.- Provincial Project Management Board.

1- The Provincial Project Management Board is established by the Chairman of the Provincial People's Committee and headed by a Vice-Chairman of the Provincial People's Committee. Members of the Board include representatives from relevant provincial departments (Land Administration, Planning and Investment, Finance, Agriculture and Rural Development); the leader of the Department of Agriculture and Rural Development serves as the permanent representative.

2- The Provincial Project Management Board acts on behalf of the Provincial People's Committee to manage and oversee all activities of the project within the province and is responsible to the Chairman of the Provincial People's Committee and the Central Project Management Board according to the objectives and contents of the project as stipulated in the letters of exchange signed by the Governments of Japan and Vietnam and the PACSA content approved by the Ministry of Agriculture and Rural Development on behalf of the Government.

Article 10.- Provincial Project Management Office.

1- The Provincial Project Management Office (under the Department of Agriculture and Rural Development) is the permanent agency assisting the Provincial Project Management Board.

The Provincial Project Management Office is established by the Chairman of the Provincial People's Committee, with the Director of the Department of Agriculture and Rural Development serving as the Project Director. Other technical staff, accountants, and other personnel are proposed by the Project Director and appointed by the Director of the Department of Agriculture and Rural Development.

2- The Provincial Project Management Office has the following responsibilities:

a) To receive and effectively utilize non-repayable aid from the Government of Japan and counterpart funds from the Government of Vietnam to implement the project.

b) To develop annual plans at the local level and report to the Central Project Management Office.

c) To coordinate with Japanese consulting companies and contractors in monitoring and inspecting the progress and quality of PACSA implementation by Vietnamese sub-contractors at the site.

d) To receive, distribute, manage, and effectively use equipment assigned by PACSA.

Article 11.- District Project Management Office.

1- The District Project Management Office is established by the Chairman of the Provincial People's Committee, with a Deputy Chairman of the District People's Committee serving as the Director and the leader of the Agricultural and Rural Development Office serving as the permanent representative. Other members are proposed by the District Project Director and appointed by the Chairman of the District People's Committee.

2- The District Project Management Office has the following responsibilities:

a) To coordinate with contractors to organize and implement project tasks according to schedule and quality at the site.

b) To direct communes with projects to mobilize maximum community participation in implementing specific tasks at each commune's site.

c) To receive completed works that have been inspected and organize their preservation, protection, and utilization according to current regulations.

Chapter III

RELATIONSHIPS BETWEEN PROJECT MANAGEMENT LEVELS, CONSULTANTS, CONTRACTORS AND MEETING AND REPORTING REGIMES

Article 11- Working regime and responsibilities of project management levels.

1/. Central Project Management Board:

a) Is the highest organization representing the Ministry of Agriculture and Rural Development to direct and oversee the implementation of PACSA as stipulated in the letters of exchange signed between the Governments of Japan and Vietnam.

b) The Central Project Management Board operates under a collective leadership system where individuals are responsible for specific areas assigned by the Board Chair. Members are responsible for resolving matters within their areas of responsibility as assigned by the Chair.

c) The Central Project Management Board convenes regular meetings twice a year and may hold extraordinary meetings convened by the Chair.

2./ Central Project Management Office:

a) Is the permanent unit of the Central Project Management Board, responsible for comprehensive management and implementation of the project before the Central Project Management Board and the Forestry Project Management Office.

b) The Central Project Management Office maintains regular contact with Provincial Project Management Offices, consulting companies, and Japanese contractors to organize implementation and resolve issues arising during PACSA execution.

c) Directs Provincial Project Management Offices in tracking and supervising the progress and quality of PACSA works.

d) Reports regularly every six months and annually to the Chair of the Central Project Management Board and the Forestry Project Management Office on the situation, progress, and results of the project according to current regulations.

đ) Organizes regular monthly, quarterly, biannual, and annual meetings and extraordinary meetings as required by the Project Director.

3/. Provincial Project Management Board:

a) Represents the Provincial People's Committee to manage and direct the receipt of aid from the Government of Japan and counterpart funds from the Government of Vietnam to implement the project within the province.

b) Coordinates with the Central Project Management Board and the Central Project Management Office to understand the directives of the Ministry of Agriculture and Rural Development regarding PACSA implementation periods as stipulated in the letters of exchange signed between the two Governments.

c) Holds regular annual meetings twice a year and may hold extraordinary meetings convened by the Chair of the Provincial Project Management Board.

4/. Provincial Project Management Office:

a) Is fully responsible to the Provincial Project Management Board and the Central Project Management Office for coordinating with consulting companies and Japanese contractors; directing Vietnamese sub-contractors to implement all PACSA activities at the site.

b) Reports promptly to the Chair of the Provincial Project Management Board and the Central Project Management Office when encountering difficulties in PACSA implementation at the local level or between implementing units to resolve them quickly and avoid delays causing damage to PACSA.

c) Reports regularly monthly, quarterly, biannually, and annually on the situation, progress, and results of PACSA implementation at the local level to the Central Project Management Office and the Chair of the Provincial Project Management Board according to current regulations.

d) Organizes regular monthly, quarterly, biannual, and annual meetings and extraordinary meetings as required by the Chair of the Provincial Project Management Office.

Article 13.- Regarding Consulting Companies and Contractors.

1/. Japanese Consulting Company:

Selected by the Japan International Cooperation Agency (JICA), it enters into contracts with the Ministry of Agriculture and Rural Development to provide advisory services related to design, bidding, and procurement supervision for the project; advises the Central Project Management Office and Provincial Project Management Offices in Vietnam on project implementation; coordinates with the Central Project Management Office to monitor and supervise contractors in implementing plans, technical measures, progress, and results of project activities at the site.

2/. Main Japanese Contractor:

a) Implements PACSA activities according to the signed contract with the Ministry of Agriculture and Rural Development; is responsible to JICA, the Japanese Consulting Company, and Vietnamese Project Management Offices for organizing the implementation of these activities.

b) Shall report to the Japanese Consulting Company and the Project Management Board (BQLDATU) on the progress and results of implementing project components in accordance with the contracts signed between the parties.

3./ Vietnamese Subcontractor:

Shall be subject to the direction and supervision of the main contractor from Japan and the Vietnamese Project Management Boards in the performance of the contracts signed with the main contractor.

Chapter IV

CONTENTS OF THE PACSA PROJECT MANAGEMENT

Article 14.- Planning and technical management.

The contents of planning and technical management include the planning indicators and technical measures determined in the basic design documents and redefined through detailed designs by the Japanese consulting company and the Ministry of Agriculture and Rural Development at each specific stage. According to the contents of the diplomatic notes exchanged between the Governments of Japan and Vietnam, the organization and implementation of the specific project shall be carried out by the winning Japanese contractors, with close coordination and synchronization among all parties to manage the plans and technical indicators set forth.

General principles for planning and technical management of the project:

1- Based on the indicators recorded in the basic design documents of PACSA, localities where the project is located must prepare sufficient land area and complete all legal procedures regarding land use rights to ensure the progress of PACSA implementation at the local level (without increasing or decreasing the area outside the counties designed for the project). The detailed measurement and determination of the area and boundaries of the PACSA region shall be undertaken by the Japanese Consulting Company. The Provincial Project Management Boards shall assist the Japanese Consulting Company in selecting Vietnamese contractors capable of performing the tasks mentioned above.

2- The Japanese Consulting Company shall undertake the detailed design of PACSA. Based on the diplomatic notes exchanged between the Governments of Japan and Vietnam, and based on the results of the basic design, the Ministry of Agriculture and Rural Development shall sign agreements with the Japanese Consulting Company to organize detailed design for each component work. The BQLDATU shall coordinate with the BQLDAT to supervise the implementation of these agreements. In cases of administrative procedure issues, the Vietnamese side has the responsibility to resolve them with the locality to facilitate the completion of work by the Japanese Consulting Company.

3- The Japanese Consulting Company shall assist the Ministry of Agriculture and Rural Development in preparing tender documents for each phase of PACSA; cooperate with the Ministry of Agriculture and Rural Development (represented by the Central Project Management Board) to organize tenders witnessed by JICA to select the main Japanese contractor for the implementation of PACSA to report to the Governments of both countries. After selecting the main Japanese contractor (approved by the Governments of both countries), the Ministry of Agriculture and Rural Development of Vietnam shall enter into contracts for the implementation of each phase of PACSA.

4- The main Japanese contractor shall consult with the Vietnamese Project Management Boards before selecting Vietnamese subcontractors to organize construction and implement specific works.

The selected Vietnamese subcontractors must be units capable of fulfilling the project components required by the main Japanese contractor.

5- The various levels of PACSA Project Management Boards are responsible for supervising and inspecting the progress and quality of construction, organizing acceptance and handover of completed works.

At the end of each project component, the BQLDAT shall report to the BQLDATU to jointly conduct (or be authorized) acceptance, serving as the basis for settlement and final payment to the executing units (Consultants, Main Contractor, Subcontractors...).

Article 15.- Financial management and accounting organization of the project.

The non-reimbursable grant from the Government of Japan and the counterpart funds from the Government of Vietnam for PACSA are the sources of state budget revenue invested in afforestation activities in the coastal sand areas of South Central Vietnam with the aim of protecting the coast, safeguarding infrastructure and crops in the region. These funds must be strictly managed and used according to the plan, norms, and objectives of PACSA.

In addition to organizing financial tracking and reporting in strict accordance with the requirements of the donor, financial management and accounting operations must comply with current regulations of the Vietnamese State. The general principle is:

1) The financial management of PACSA shall be implemented in accordance with Circular No. 70/2001/TT-BTC dated August 24, 2001, issued by the Ministry of Finance, guiding the state financial management system for non-reimbursable aid.

2) Project accounting shall be conducted in accordance with Decision No. 999/TC-QĐ/BTC dated November 2, 1996, issued by the Minister of Finance, concerning the issuance of the accounting system for administrative and public institutions.

3) The operating expenses of the various levels of Project Management Boards shall be sourced from the counterpart funds of the Government of Vietnam. The management of this fund is specified as follows:

A- FOR THE CENTRAL PROJECT MANAGEMENT BOARD.

1. Contents of expenditure, including:

a) Bank transfer fees: To be implemented in accordance with Document No. 1551 TC/TCĐN dated December 19, 2000, and Document No. 01/VCB-TC/TCĐN dated July 18, 2001, issued by the Ministry of Finance.

b) Regular expenditures for PACSA office operations, including:

1- Salary and allowances.

2- Expenditure for vehicle operations.

3- Office supplies, translation, interpretation, collective welfare, public services, communication, repairs and maintenance, etc.

4- Vehicle insurance costs, taxes, registration fees.

5- Hospitality expenses.

6- Conference and seminar expenses.

7- Travel expenses, field allowances.

8- Other expenses.

2. Expenditure norms: Expenditure in accordance with current state regulations.

B- FOR THE PROVINCIAL PROJECT MANAGEMENT BOARD:

The annual operating budget of the BQLDAT is allocated from the provincial budget.

1. Contents of expenditure:

Based on the expenditure contents of the BQLDATU above, the Provincial Project Management Board shall decide on appropriate expenditure contents, including:

a) Expenses for regular operations of the Provincial Project Management Board.

b) Expenses for other tasks that the Vietnamese side must undertake according to agreed documents with the Government of Japan, such as determining boundaries, setting temporary markers for the project area, building access roads to the project area, etc.

For these expenses, the Provincial Project Management Board shall prepare an annual budget estimate for approval by the People's Committee of the province to allocate from the counterpart funds contributed by the Government of Vietnam. All contributions from the Vietnamese side must be fully and promptly implemented.

2. Expenditure norms: Expenditure in accordance with current state regulations and specific local provisions.

The entire corresponding annual operating budget according to the approved plan shall be consolidated and settled at year-end by the Provincial Project Management Board with the Provincial Department of Finance and Prices, and reported to the Central Project Management Board for consolidation in accordance with state regulations.

Article 16.- Management of equipment, materials, and planted forest assets of PACSA.

1/. For equipment including cars and motorcycles, the Provincial Project Management Board shall receive and distribute according to PACSA's plan. The Project Management Boards shall be responsible for receiving, managing, and using such equipment in accordance with current state regulations, strictly prohibiting their sale, exchange, transfer, or rental during the project implementation period.

2/. Construction works (Nursery, Warehouse, Office, Roads, etc.) invested during the PACSA implementation period shall be constructed by the Japanese Contractor and immediately handed over to the Provincial Project Management Board (triple handover) solely for PACSA-related tasks. Any other use requires written consent from the main Japanese Contractor and the Central Project Management Board. Upon completion of PACSA tasks, these works shall be transferred to the People's Committee of the province for continued management and use for the purpose of caring for and protecting the planted forest area during the PACSA implementation period.

3/. For other types of assets:

Assets of the Project Management Board offices received from PACSA sources or purchased from corresponding funds are state assets under the management of the Project Management Boards. Annual asset inventory and evaluation must comply with the current asset management regime issued by the Ministry of Finance.

4/. Planted forest project assets shall be managed in accordance with current state regulations and specific guidelines issued by the Ministry of Agriculture and Rural Development.

5/. Upon project completion, the Ministry of Agriculture and Rural Development will approve the final settlement of the completed project, determine surplus funds, and decide on the transfer of project assets and outcomes of PACSA to the People's Committees of provinces within the project area in accordance with current regulations.

Chapter V

IMPLEMENTING PROVISIONS

Article 17.- During the implementation of this regulation, if difficulties arise or new issues emerge, relevant agencies and units are required to promptly report to the Provincial Project Management Board for reporting to the Ministry of Agriculture and Rural Development to study, amend, and supplement as appropriate.