Decision No. 11/2001/QĐ/BNN-XDCB Issuing the Management Regulation for Investment and Construction Projects under the Management of the Ministry of Agriculture and Rural Development

Pursuant to …;

REGARDING THE ISSUANCE OF REGULATIONS ON THE MANAGEMENT OF INVESTMENT AND CONSTRUCTION PROJECTS UNDER THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

  On the basis of Decree No. 73/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
  On the basis of Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the issuance of regulations on investment and construction management and Decree No. 12/2000/NĐ-CP dated May 5, 2000 on amending and supplementing certain articles of the regulations on investment and construction management issued together with Decree No. 52/1999/NĐ-CP;
  On the basis of Decree No. 87/CP dated August 5, 1997 of the Government on the issuance of regulations on the management and use of official development assistance funds;
  On the basis of Decision No. 40/1998/QĐ-BNN/VP dated March 2, 1998 of the Minister of Agriculture and Rural Development on the issuance of working regulations of the Ministry;
  In accordance with the proposal of the Director of the Investment and Construction Department, the Planning and Strategy Department, and the Organization and Cadre Department.

DECISION:

Article 1. The attached to this Decision "Regulations on the Management of Investment and Construction Projects under the Management of the Ministry of Agriculture and Rural Development" are hereby promulgated.

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. The Permanent Secretaries of the Ministry, heads of Departments and Bureaus, Directors of Provincial Departments of Agriculture and Rural Development, and Heads of units under the Ministry are responsible for implementing this Decision.

                                                                                                   THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
                                                                            AGRICULTURE AND RURAL DEVELOPMENT

                                                                                                  (Signed)

                                                                           Le Huy Ngo

REGULATIONS

MANAGEMENT OF INVESTMENT AND CONSTRUCTION PROJECTS UNDER THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
(Attached to Decision No. 11/2001/QĐ/BNN-XDCB dated February 19, 2001 of the Minister of Agriculture and Rural Development)

Chapter 1:

GENERAL PROVISIONS

Article 1: Scope and Applicability

The scope and applicability of investment and construction projects managed by the Ministry of Agriculture and Rural Development shall be applied according to Article 3 of the Regulations on Investment and Construction Management issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government (hereinafter referred to as the Regulations on Investment and Construction Management), including:

1. Investment projects using state budget funds (NSNN), credit guaranteed by the State, and state investment development credit funds managed by the Ministry of Agriculture and Rural Development, including:

a) Planning and development projects in agriculture and rural development using state budget funds;

b) New construction, renovation, repair, upgrading, and deepening investment projects for water conservancy works, processing facilities, agricultural facilities, forestry facilities, institutes, schools, headquarters... under the management of the Ministry;

c) Programs and projects (collectively referred to as projects) using funds from loans or non-repayable grants from the government, international organizations, non-governmental organizations, and foreign individuals for development investment;

d) Investment projects within national programs (construction and procurement components) under the management of the Ministry such as: The Five Million Hectares Forest Program, the Rural Water Supply and Sanitation Program, etc.;

e) Purchase projects of assets including equipment and machinery that do not require installation, software purchase projects for computers, and other new technologies by the Ministry;

f) Group B and C investment projects using development investment funds of the 90 Holding Companies and companies directly under the Ministry.

2. Direct foreign investment projects (FDI) are not subject to the provisions of these regulations.

Article 2: Classification of investment projects:

1. Investment projects in the Agriculture and Rural Development sector are classified into groups according to the Investment Management Regulations issued together with Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government and are categorized according to Clause 2 of this Article.

2. Investment projects of the Sector are divided into two types:

a) Construction investment projects (over 50% of capital for construction items).

b) Specialized investment projects (over 50% of capital for specialized items not involving construction such as: purchasing equipment, specialized materials, biotechnology, afforestation...).

Chapter 2:

APPROVAL OF INVESTMENT PROJECTS AND CONSTRUCTION

Article 3: Approval of investment projects and construction

1. Approval of investment policy and plan:

To ensure that investment projects of the Ministry are carried out in accordance with their intended purposes, achieve high economic and social benefits, and implement the development strategy of the Sector and the government's investment policies during each period of national socio-economic development, before approving investment projects and construction, the following must be implemented:

1.1- Determination of investment policy and plan:

-Based on the government's orientation and investment policy, the Minister determines the investment policy of the Ministry through programs and projects.

-The Deputy Minister responsible for consolidating plans directs the Department of Planning and Master Planning to announce the Ministry's investment policy to units under the Ministry. Units base their actions on their assigned functions and tasks and the Ministry's investment policy, actively working with the Department of Planning and Master Planning to develop an investment plan, which is submitted to the Deputy Minister responsible for the block for guidance before being consolidated and reported to the Executive Council and the Ministry's leadership for approval.

-The Department of Planning and Master Planning compiles the plans of the units to report to the Deputy Minister responsible for consolidating plans for consideration and decision by the Executive Council and the Ministry's leadership.

1.2- Implementation of investment:

-After the Executive Council or the Ministry's leadership has approved, the Deputy Minister responsible for consolidating plans directs the completion of the plan and works with the Ministry of Planning and Investment to issue an investment project announcement and investment capital plan.

-Based on the government's announcement, the Deputy Minister responsible for general construction infrastructure oversees the implementation of investment steps: project review, technical design and total budget estimate, bidding; Directing state management of progress and quality in accordance with current regulations; Coordinating with the Deputy Minister responsible for the block to promptly address any specialized issues arising during implementation.

-The Deputy Minister responsible for the block oversees the implementation of investment steps by units with specialized investment projects classified according to Clause 2 of this Regulation: project review, technical design and total budget estimate, bidding; Directing state management of progress and quality in accordance with current regulations; Coordinating with the Deputy Minister responsible for general construction infrastructure to promptly address any construction-related issues arising during implementation.

2. Approval of Sector planning projects:

2.1- For comprehensive development planning projects in the Agriculture and Rural Development sector, the Minister of Agriculture and Rural Development signs and submits to the Prime Minister for approval.

2.2- For the following projects:

a) Agricultural development planning (crops, livestock).

b) Production and processing planning of forestry and salt products.

c) Forestry development planning.

d) Water resources development planning (dikes, irrigation).

e) Rural development planning.

g) Planning for the development of public service facilities.

The Minister approves or considers for submission to the Prime Minister for approval. The Deputy Minister responsible for the block signs and submits to higher authorities when delegated by the Minister.

Before deciding or submitting to the Prime Minister for approval, the Minister and Secretary of the Executive Council, along with the Executive Council, discuss and decide on these projects in accordance with Article 3 of the Ministry of Agriculture and Rural Development's Working Regulations issued together with Decision No. 40/1998/QĐ-BNN/VP dated March 2, 1998 of the Ministry of Agriculture and Rural Development (hereinafter referred to as the Ministry's Working Regulations).

3. Approval of investment projects:

The approval of Group A, B, and C projects using State budget funds, state-guaranteed credit, and state development investment credit managed by the Ministry of Agriculture and Rural Development is carried out according to the provisions of Articles 10 and 11 of the Investment Management Regulations and Decree No. 87/CP dated August 5, 1997 of the Government for projects using ODA funds, as follows:

3.1- Authority to approve investment projects of the Ministry of Agriculture and Rural Development:

a) The Minister approves the policy for Group A projects, ODA-funded projects with a total investment equivalent to Group A projects according to the Investment Management Regulations, or approves Group B and C projects that are important or strategic to the sector.

b) The Minister delegates the Deputy Minister responsible for general construction infrastructure to approve construction investment projects, and the Deputy Minister responsible for the block to approve specialized investment projects not covered by Point 1.a of Clause 3 of this Article, including:

-Group B and C projects or ODA-funded projects with a total investment equivalent to Group B and C projects according to the Investment Management Regulations.

-Investment and construction projects using non-repayable ODA funds with a value below $500,000.

-Specifically, for some complex Group B and C projects involving multiple fields, before making a decision, the Deputy Minister responsible implements the provisions of Articles 6, 7, and 8 of the Ministry's Working Regulations.

-For some Group C projects funded from the State budget, with uncomplicated technology, where provinces or centrally-administered cities have the capacity to manage, mobilize local labor, and propose delegation to local management, the Department of Planning and Master Planning collaborates with the Department of Investment and Construction to propose a project transfer plan for approval by the Deputy Minister responsible for consolidating plans.

3.2 The Board of Directors of State-owned Joint Stock Corporations under the Ministry shall be responsible for deciding on investment projects in Group C using credit guaranteed by the State and State development credit funds, as stipulated in Point 2, Clause 5, Article 1 of Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government on amending and supplementing certain articles of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP.

Chapter 3:

DETERMINATION, PREPARATION, AND REVIEW OF INVESTMENT PROJECTS

Article 4: Determination of Investment Projects

Based on the investment orientation and policy of the Government and annual proposals from localities or proposals from units within the Sector, the Department of Planning and Planning shall be responsible for compiling and submitting to the Ministry for approval the list of planning projects and investment projects, or the Ministry shall submit to the Government according to Clause 1, Article 3 of this Regulation.

The determination of planning projects must be based on the socio-economic development orientation of the locality and the sector's development strategy.

The determination of investment and construction projects must be based on approved sectoral plans, investment orientation and policy of the Government, and foreign sources of funding (if the project uses foreign capital).

Article 5: Preparation of Investment Projects

The preparation of investment projects must comply with current national regulations for each type of project, utilizing existing related materials to ensure consistency, avoid duplication of content, and follow unified templates issued by the State.

1. For projects using domestic capital, the Project Owner shall be responsible for preparing or hiring a consulting organization to prepare the Preliminary Feasibility Study Report (PFSTR), Feasibility Study Report (FSR), or Investment Report in accordance with Articles 22, 23, 24, and 25 of the Investment and Construction Management Regulation.

2. For projects using foreign support, depending on the specific requirements of the agreement, the project preparation unit or the main project owner shall carry out the preparation of the PFSTR, FSR, or Investment Report. The preparation of the PFSTR, FSR, or Investment Report must comply with Articles 22, 23, 24, and 25 of the Investment and Construction Management Regulation and the contents of interest to the financiers.

Article 6: Review of Investment Projects

All investment projects under the management of the Ministry of Agriculture and Rural Development must be reviewed in accordance with current national regulations before being submitted to the competent authority for approval.

1. For planning projects:

The Department of Planning and Planning is the leading review agency responsible for soliciting opinions from relevant agencies inside and outside the Sector. When reviewing sectoral agricultural, forestry, and water resources planning projects, they must follow the provisions of Articles 26, 27, and 28 of the Investment and Construction Management Regulation and Item 10, Article 1 of Decree No. 12/2000/NĐ-CP of the Government before submitting to the competent authority for approval or endorsement. The Department of Planning and Planning is responsible for drafting the document and completing the procedures for the Minister to sign and submit to the Prime Minister for approval of the Sector's planning projects.

2. For investment projects:

Depending on the nature and characteristics of the project, the review content will be conducted in specialized fields to assess the investment effectiveness, economic and social benefits, and compliance with approved or endorsed sectoral development plans.

The Project Owner is responsible for submitting the FSR to the authorized investment decision-maker and simultaneously sending it to the competent authority for review in accordance with Clause 6, Article 26 of the Investment and Construction Management Regulation, as follows:

2.1 Review of Group A projects:

In accordance with Clause 6.a, Article 26 of the Investment and Construction Management Regulation, the Department of Investment and Construction shall be responsible for drafting the document and completing the procedures for Group A projects for the Minister to sign and submit to the Prime Minister.

2.2 Review of Group B and C projects managed by the Ministry of Agriculture and Rural Development:

The Minister shall use specialized agencies under the Ministry to review investment projects using State budget capital, credit guaranteed by the State, and State development credit funds. The assigned leading agency shall be responsible for soliciting opinions from related units to review:

a) Component projects (or sub-projects) belonging to Group A projects of the Sector.

b) Group B and C projects as stipulated in Clause 1, Article 1 of this Regulation.

c) Group B projects managed by localities requesting the Ministry to review.

d) Group B projects of State-owned Joint Stock Corporations 90, and Group B and C projects of companies directly under the Ministry using credit guaranteed by the State and State development credit funds. Specifically, for Group C projects using the above capital of State-owned Joint Stock Corporations 90, the Board of Directors of the Corporation shall be responsible for using its own organization to conduct the review.

e) For Group B and C projects using enterprise development capital of State-owned Joint Stock Corporations 91, State-owned Joint Stock Corporations 90, and companies under the Ministry that partially use State budget capital or capital with origins from the State budget, the competent agency of the Ministry of Agriculture and Rural Development shall review the portion of the project using such capital. The delegation of approval authority shall be carried out according to the agreement of the Ministry of Finance for each specific project and implemented when there are relevant regulations from the State.

For loan-funded projects, before submitting to the competent authority for investment decision, the lending organization must review the financial plan, repayment plan, and capital supply.

3. Responsibilities of the reviewing agency:

The leading agency for reviewing investment projects shall implement in accordance with Clause 10, Article 1 of Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government, and bear legal responsibility for the content of their review and submit to the authorized investment decision-maker:

- Review report;

- Necessary documents;

- Draft investment decision.

4. The content of the review of investment projects shall be carried out in accordance with Article 27 of the Investment and Construction Management Regulation.

Chapter 4:

ORGANIZATION AND MANAGEMENT OF INVESTMENT PROJECTS

Article 7: Implementation of Projects

Based on the Government's notification, competent agencies of the Ministry assist the Deputy Minister in charge of the sector and the Deputy Minister in charge of general construction to decide on assigning the role of project investor or leading the project to units under the Ministry. The unit assigned as the project investor or the head of the unit leading the project shall organize the implementation of the project in accordance with the approved objectives and contents, current regulations of the State, and the Ministry of Agriculture and Rural Development.

1. For planning projects, the head of the unit leading the project shall be responsible for organizing the management structure, project director, signing contracts, coordinating with the Department of Planning and Planning to submit the project outline for approval by the Ministry before implementation, product acceptance, and financial settlement in accordance with current State regulations.

2. For investment and construction projects:

After the Ministry has issued an investment directive, the investment and construction process shall be carried out in the following steps:

+ Preparing the project.

+ Reviewing the project.

+ Implementing the project.

+ Completing the investment, handing over the project for operation and use.

Depending on the nature and characteristics of agricultural, forestry, and water conservancy investment projects, before preparing the NCTKT report, the NCKT report, or the investment report, the project investor must submit the investigation and survey outline, technical plan... for approval by the Minister or Deputy Minister in charge according to Article 3 of this Regulation.

For investment projects using foreign aid funds and hiring foreign consulting organizations to prepare the NCTKT report, the NCKT report, the project investor or project leader shall be responsible for coordinating with the Department of International Cooperation and relevant agencies to complete the procedures for submission to the competent authority for approval as the basis for signing project documents or international agreements.

Article 8: Management of Investment Projects

The content of investment project management includes: Determining, guiding, preparing, reviewing, and approving projects, inspecting implementation, organizing acceptance and handover for operation and use, finalizing accounts, and evaluating investment results. Competent agencies of the Ministry manage investment and construction projects according to their functions, tasks, and authorities. During the project management process, the unit assigned to lead the project must be responsible to the Ministry's leadership for the assigned work, and cooperating units must be responsible to the Ministry's leadership for their participation opinions and are specified some main tasks as follows:

1. Department of Planning and Planning:

Consolidating the overall plans for investment projects under the Ministry's management, determining the list of agricultural and rural development industry planning projects, and investment projects under the Ministry's management to report to the Deputy Minister in charge of consolidating plans for approval or submission to the Ministry's leadership for decision-making; Drafting documents and completing procedures for the Ministry to sign and submit to the Prime Minister for investment directives, planning, and industry planning projects; Notifying approved investment policies to units under the Ministry; Leading the review and being responsible for soliciting opinions from related Departments and Bureaus to report to the Deputy Minister in charge of consolidating plans or the Deputy Minister in charge of sectors for approval of the project planning outline according to Clause 1 of Article 7 of this Regulation; Coordinating with the Department of Investment and Construction and related Bureaus to propose the Ministry to assign Group C projects to localities; Arranging, balancing, and consolidating sources of funding according to the annual investment plan, construction progress of investment projects.

2. Department of Investment and Construction:

Assisting the Minister in managing state investment and construction in the agricultural and rural development industry; Based on current State regulations, developing management documents for investment and construction for the Ministry to issue; Managing bidding activities, construction fund systems, policies, guiding, and supervising subordinate units and localities in implementing these documents or international practices; Leading the review and being responsible for soliciting opinions from related Departments and Bureaus to report to the Ministry for approval of the investigation and survey outlines, technical plans... before preparing the NCTKT report, NCKT report, or investment report according to Clause 2 of Article 7 of this Regulation; Reviewing Group B and C investment and construction projects, technical designs, and total budgets; Coordinating with the Department of Planning and Planning to arrange and balance funds according to the investment plan, construction progress, and proposing the Ministry to assign Group C projects to localities; Supervising and urging investors and project management boards under the Ministry regarding construction quality, progress, and investment fund management; Coordinating with the Department of Personnel and Labor to propose the Ministry to decide on personnel (staffing, appointments, selection of cadres) for project management boards under the Ministry; Drafting documents and completing procedures for the Ministry to sign and submit to the Prime Minister for Group A projects of the industry; Coordinating with specialized Bureaus to organize groundbreaking ceremonies, comprehensive acceptance, and handover of industry projects invested by the central government managed by provinces; Coordinating with the Department of Planning and Planning to consolidate investment projects under the Ministry regarding domestic and foreign capital usage to report to the Ministry.

3. Department of Science and Technology and Product Quality:

Guiding the implementation of national technical procedures, standards, and construction norms; Developing and issuing technical procedures, standards, and construction norms for industry construction projects; Leading and coordinating with related Departments, Bureaus, and relevant agencies to review projects funded from scientific and technological research funds, projects involving scientific research, technology transfer, environment, and enhancing scientific and technological potential; Guiding and supervising the implementation of these regulations by management units and participating in the construction of projects under the Ministry.

4. Department of International Cooperation:

Consolidating investment and construction projects funded by foreign support; Leading and coordinating with related Departments, Bureaus, and relevant units to complete procedures for foreign-funded investment and construction projects for submission to the competent authority for signature; Being responsible for coordinating with the Department of Investment and Construction to review projects funded from these sources, checking implementation status, groundbreaking, and completion handover according to signed agreements.

5. Financial-Accounting Department: Assist the Minister in managing financial and accounting matters of investment construction projects under the Ministry; Based on current State regulations, provide guidance on investment construction accounting practices; Inspect Project Management Boards and project offices regarding their implementation of these tasks; Draft financial management documents for investment and construction projects to be issued by the Ministry and guide subordinate units to implement them; Take the lead and coordinate with Departments and relevant agencies to review annual settlement and appraise final settlement reports to submit to the Ministry for approval of final investment capital settlement for completed projects; Draft documents and complete procedures for the Ministry to sign and submit to the Prime Minister for approval of final investment capital settlement for Group A completed projects.

6. Organization and Cadres Department: Assist the Minister in deciding organizational structures (project sponsors, Project Management Boards...), systems of Project Management Boards to implement investment projects under the Ministry; Take the lead and coordinate with relevant Departments and Bureaus to build functions, tasks, authorities, and organizational structures, personnel of Project Management Offices, Pre-Investment Water Resources Development Boards, Water Resources Construction Project Management Boards, Agricultural and Forestry Industry Construction Project Management Boards, and other organizations as required by each project with foreign aid funds to submit to the Ministry for decision; Establish job qualification standards for cadres in the field of investment and construction under the Ministry; Take the lead in proposing investment projects and participate in reviewing investment projects in the education sector.

7. Ministry Office: Coordinate with Departments and Bureaus to draft management documents for investment and construction within the industry to be submitted to the Ministry or competent authority for issuance; Guide and accept completion documents of projects managed by the Ministry for archiving according to current State regulations.

8. Inspectorate: Assist the Minister in inspection and supervision work concerning laws on investment construction projects managed by the Ministry in accordance with the Ministry's state management functions and legal provisions on inspection and supervision.

9. Bureaus:

The Bureaus assist Deputy Ministers responsible for their respective sectors as assigned, including the following main tasks:

a) Lead and coordinate with the Planning and Investment Department to implement planning projects, organize their execution (sign contracts, inspect products...) according to Clause 1.1 Article 3 and Clause 1 Article 7 of this Regulation.

b) Lead and coordinate with related units to appraise projects, technical designs, and total budgets of assigned investment projects; Coordinate with the Investment and Construction Department to agree on technological solutions, engineering techniques, project appraisals, technical designs, total budgets, organize groundbreaking ceremonies, comprehensive inspections, and handover of completed projects for operation and use; Draft management documents, economic and technical norms applicable to investment and construction projects within the industry.

c) Coordinate with the Science and Technology Department to develop technical standards, procedures, and specialized regulations applicable to investment and construction projects within the industry.

d) Assist Deputy Ministers responsible for their sectors: Inspect project implementation progress and promptly propose management and specialized technical solutions to address issues arising during implementation; Assist the Ministry in approving operational procedures, guiding, or directing management units to take over completed projects for operation and use.

10. Public Service Units (Institutes, Schools...):

a) Institutes, Schools, Centers, National Parks... when designated as project sponsors by the Ministry must bear responsibility before the Ministry and the law for managing their own investment projects.

b) Project sponsors must perform their functions, tasks, and authorities when designated by the Ministry to manage quality, progress, investment capital, and utilization upon completion; Coordinate with the Organization and Cadres Department, the Investment and Construction Department, and related Departments to submit to the Ministry for decision on establishing Project Management Boards; Bear full responsibility for complying with all procedures and processes stipulated by current State and Ministry regulations on investment and construction management, bidding...final investment capital settlement for completed projects.

c) Implement according to professional guidance and be subject to inspection by relevant functional agencies of the Ministry during project implementation.

11. General Companies 91, General Companies 90, and Directly Subordinate Companies:

a) General Companies 91: For projects using State budget funds, State-guaranteed credit, and State development investment credit under the General Company, the unit must comply with the management regulations for investment and construction stipulated in the Decree No. 52/1999/ND-CP dated July 8, 1999, and Clause 5 Article 1 of Decree No. 12/2000/ND-CP dated May 5, 2000 of the Government. The unit must fully comply with the Ministry's issued procedures and processes for construction and installation management.

b) General Companies 90 and Directly Subordinate Companies: For Group A and B projects using State budget funds, State-guaranteed credit, and State development investment credit of General Companies 90, and Group A, B, and C projects using State budget funds, State-guaranteed credit, and State development investment credit of Directly Subordinate Companies, they must comply with the provisions of Clause 2.5 Article 1 of Decree No. 12/2000/ND-CP dated May 5, 2000 of the Government. When designated as project sponsors by the Ministry, the unit must bear responsibility before the Ministry and the law for managing its own investment projects; Must perform its functions, tasks, and authorities regarding quality management, progress, investment capital, and utilization upon completion according to current State and Ministry regulations on investment and construction management, bidding...; Propose to the Organization and Cadres Department, the Investment and Construction Department, and related Departments to submit to the Ministry for decision on establishing project management organizational structures; Bear full responsibility for complying with all procedures and processes for project management issued by the Ministry; Implement according to professional guidance and be subject to inspection by relevant functional agencies of the Ministry during project implementation.

c) Implement in accordance with professional guidance and be subject to inspection by competent agencies under the Ministry during the implementation of the project.

11. The State-owned Joint Stock Companies 91, the State-owned Joint Stock Companies 90, and the companies directly under the Ministry:

a) The State-owned Joint Stock Companies 91: For projects using state budget funds, state-guaranteed credit, and state development investment capital within the company, the responsible unit shall implement in accordance with the Investment Management and Construction Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999, and Clause 5, Article 1 of Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government. They are responsible for fully implementing the procedures and management regulations for construction and investment issued by the Ministry.

b) The State-owned Joint Stock Companies 90 and the companies directly under the Ministry: For Group A and B projects using state budget funds, state-guaranteed credit, and state development investment capital of the State-owned Joint Stock Companies 90, and Group A, B, and C projects using state budget funds, state-guaranteed credit, and state development investment capital of the companies under the Ministry, they shall implement in accordance with Clause 2.5, Article 1 of Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government. When assigned by the Ministry to act as the project sponsor, the unit must take responsibility before the Ministry and the law regarding the management of its own investment projects; must perform according to their functions, tasks, and authorities concerning quality management, progress, investment capital, and utilization upon completion of the works in accordance with current national and ministry regulations on investment and construction management, bidding...; propose to the Department of Organization and Cadre, the Department of Investment and Construction Management, and related Departments and Bureaus to submit to the Ministry for decision on the organizational structure for project management; be responsible for fully implementing the procedures and management regulations for projects issued by the Ministry; implement in accordance with professional guidance and be subject to inspection by competent agencies under the Ministry during the implementation of the project.

c) For projects in group B and C using development investment capital of enterprises, including those partially funded by state budget funds or funds originating from the state budget managed by General Corporation 91, General Corporation 90, and companies under the Ministry, such projects shall be implemented according to the agreed documents of the Ministry of Finance for each project. The分级审批和审查上述项目的程序将在国家规定出台后实施。

Article 9: Project Management Bodies

1. Water Conservancy Investment Preparation Boards, Water Conservancy Project Management Boards: Are entrusted with some responsibilities of the investor during the investment phase. They are responsible before the Ministry and the law for the assigned project management; Fully implement current national and ministerial regulations on investment and construction management, bidding, progress, quality, investment capital...; They are responsible for coordinating with CPO Boards and related units to manage foreign loan projects according to the contents of signed agreements; Their functions, duties, authorities, and organizational structure are carried out according to the decisions of the Minister of Agriculture and Rural Development that have been issued.

2. Agricultural Project Management Boards, Forestry Project Management Boards, Central Project Management Boards (CPO): Are entrusted as project owners for ODA loan projects, and are responsible before the Ministry and the law for the management of their own investment projects; Fully implement current national and ministerial regulations on investment and construction management, bidding, progress, quality, investment capital, and according to the contents of signed agreements; They are responsible for guiding and coordinating with small project management boards to participate in implementing signed agreements and current national and ministerial regulations; Their functions, duties, authorities, and organizational structure are carried out according to the decisions of the Minister of Agriculture and Rural Development that have been issued.

3. Project Management Boards of public institutions, General Corporation 90, and companies under the Ministry:

These project management boards assist investors in managing and implementing projects, and are responsible before the investors and the law for the tasks assigned. Their functions, duties, authorities, and organizational structure are carried out according to the decisions of the competent authority that have been issued.

4. Project Management Boards under Provincial Departments of Agriculture and Rural Development:

After receiving the investment directive from the Province or centrally-administered city, the Project Management Board under the Provincial Department of Agriculture and Rural Development tasked with managing and implementing the project must be responsible before the Ministry, Province or city, and the law for the investment and construction project management of their unit; Must fully implement current national and ministerial regulations on procedures and processes for investment and construction management; The approval process, bidding management, progress management, quality management, final settlement and acceptance of completed projects, and handover for operation and use must follow the Ministry's investment and construction management procedures; They are responsible before the Ministry and Province for managing the quality and quantity of local labor forces mobilized.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 10: This regulation takes effect fifteen days after the date of signature.

Article 11: The Heads of the Ministry's Office, Heads of Departments, Directorates, Provincial Departments of Agriculture and Rural Development, and Heads of units under the Ministry shall be responsible for organizing the implementation of this regulation. During the course of implementation, if there are any unsuitable aspects requiring amendments or supplements, the units shall promptly report to the Ministry for consideration and resolution./.