Decision No. 109/2006/QĐ-BNN Establishing the Investment and Construction Management Board for Water Resources Project 10 under the Ministry of Agriculture and Rural Development

Pursuant to …;

Establishing the Investment and Construction Management Board for Water Resources Project 10 under the Ministry

OF AGRICULTURE AND RURAL DEVELOPMENT

_________________________

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 construction planning; 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 the procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-run public service organizations;

Based on the proposal of the Director of the Construction Management Department and the Head of the Cadre and Civil Servant Affairs Department.

DECISION:

Article 1. Position and Functions

Establishing the Investment and Construction Management Board for Water Resources Project 10 under the Ministry of Agriculture and Rural Development based on reorganizing the Water Resources Project Management Board 419.

The Investment and Construction Management Board for Water Resources Project 10 shall be responsible for managing and using state funds and other sources of funds (if any) to invest in and construct water resources projects (including water resources projects and dyke projects) in accordance with current laws on investment and construction management. The Board is a state-run economic organization with legal personality, its own seal, and is allowed to open accounts at banks or state treasuries to operate in accordance with the law.

The Board is responsible for directly receiving capital from funding agencies to manage and organize the implementation of projects from the investment preparation stage through execution to completion and operation according to the direct investor's management model as prescribed by law. The operating costs of the Board are included in the investment budget of each project in accordance with current regulations.

The main office of the Investment and Construction Management Board for Water Resources Project 10 is located in Can Tho City; Branch Office 2 is located in Vinh Long City, Vinh Long Province.

Article 2. Tasks and Powers

The Investment and Construction Management Board for Water Resources Project 10 shall perform the duties and powers of the investor for water resources construction projects in 13 provinces and cities in the Mekong Delta region including Long An, Tien Giang, Dong Thap, An Giang, Kien Giang, Can Tho, Hau Giang, Vinh Long, Ben Tre, Tra Vinh, Soc Trang, Bac Lieu, and Ca Mau, decided by the Minister of Agriculture and Rural Development. Specific tasks are as follows:

1. Preparing investment and construction projects:

- Implementing the responsibilities 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 and construction projects:

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

4. Surveying and designing construction works:

- Implementing the responsibilities 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 responsibilities and powers set forth in Article 57 of the Construction Law (excluding Point a of Clause 1); Articles 13, 14, 16, and 17 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government; Articles 16 and 17 (Clauses 2, 3, and 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 responsibilities and powers set forth in Articles 68, 72, and 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, and 33 (Clause 3) and Article 34 (Clause 3) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government;

7. Supervising construction works:

- Implementing the responsibilities and powers set forth in Articles 87, 88, and 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 responsibilities and powers set forth in Article 80 of the Construction Law; Articles 23, 24, 25, 26, and 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 responsibilities 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 of the works and take over management and use upon completion, subject to approval by the investment 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 Water Resources Project 10 may enter into contracts with one or more main contractors. Main contractors may subcontract work to one or more sub-contractors but must obtain approval from the Investment and Construction Management Board for Water Resources Project 10 in the contract signed with the investor and comply with bidding laws.

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

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

12. Perform other tasks assigned by the Minister.

Article 3. Organizational Structure

1. Leadership of the Board:

The Director and Deputy Directors shall be 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 for Water Resources Project 10 manages and oversees all activities of the Board, and is fully responsible to the Minister of Agriculture and Rural Development and the law for all activities of the Board;

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

2. Staff Supporting the Director:

- Organization and Administration 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 Director and one Deputy Director. The Project Management Board performs tasks and powers delegated by the Director of the Investment and Construction Management Board for Water Resources Project 10. The Director of the Project Management Board is responsible to the Director of the Investment and Construction Management Board for Water Resources Project 10 and the law for the tasks and powers delegated.

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

Article 4. Projects with Official Development Assistance (ODA) sources; projects where the Minister of Agriculture and Rural Development is the investor

1. The Investment and Construction Management Board for Water Resources Project 10 is responsible for coordinating with the Central Project Management Board for Water Resources (CPO) to manage and organize the implementation of water resources construction investment 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 on ODA.

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

Article 5. The Director and Deputy Directors of the Water Resources Project Management Board 419, who are appointed to serve as the Director and Deputy Director of the Investment and Construction Management Board for Water Resources Project 10, have their appointment terms calculated from the date of appointment of the director and deputy director positions of the Water Resources Project Management Board 419.

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 Ministry of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Water Resources Project Management Board; Article 4 of Decision No. 39/2006/QĐ-BNN dated May 19, 2006 of the Minister of Agriculture and Rural Development. Previous decisions of the Ministry of Agriculture and Rural Development that conflict with this Decision are abolished.

Article 7. Responsibility for Implementation

1. The Director of the Investment and Construction Management Board for Water Resources Project 10 is responsible for receiving the Water Resources Project Management Board 419 in its existing form to organize the implementation of tasks from the date this Decision takes effect and to draft the charter of the Investment and Construction Management Board for Water Resources Project 10 for approval by the Minister, while working with competent state agencies to complete procedures for operation 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 for Water Resources Project 10 in accordance with their assigned functions and tasks.

3. The Head of the Office, the Director of the Personnel and Organization Department, the Director of the Construction Management Bureau, the Director of the Water Resources Bureau, the Director of the Dike Management and Flood Control Bureau, the heads of related agencies and units within the Ministry, the Director of the Water Resources Project Management Board 419, and the Director of the Investment and Construction Management Board for Water Resources Project 10 are responsible for implementing this Decision./.