Decision No. 11/2001/QĐ-BNN-XDCB on the issuance of regulations for managing investment and construction projects under the management of the Ministry of Agriculture and Rural Development

Pursuant to …;

Regarding the issuance of regulations on managing investment and construction projects

under the management of the Ministry of Agriculture and Rural Development

___________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

WHEREAS Decision 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;

Pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 on the issuance of Investment and Construction Management Regulations and Decree No. 12/2000/NĐ-CP dated May 5, 2000 on amending and supplementing certain provisions of the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP;

Pursuant to 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;

Pursuant to Decision No. 40/1998/QĐ-BNN/VP dated March 2, 1998 of the Minister of Agriculture and Rural Development on the issuance of the Working Regulations of the Ministry;

At the proposal of the Director of the Investment and Construction Department, the Planning and Master Planning Department, and the Organization and Cadre Department.

DECISION:

Article 1. Issued along with this Decision are the "Regulations on Managing Investment and Construction Projects under the Management of the Ministry of Agriculture and Rural Development."

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

Article 3. The Heads of the Ministry's Office, heads of Departments, Bureaus, Directors of Provincial Departments of Agriculture and Rural Development, and Heads of units under the Ministry shall be responsible for implementing this Decision.

REGULATIONS

Management of investment and construction projects

under the management of the Ministry of Agriculture and Rural Development

___________________

 (Issued along with Decision No. 11/2001/QĐ-BNN-XDCB dated February 19, 2001 of the Minister of Agriculture and Rural Development)

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

PART I

GENERAL PROVISIONS

Article 1: OBJECTS AND SCOPE OF REGULATION

1. Investment projects using state budget funds (NSNN), credit guaranteed by the state, state development investment 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 industry bases, forestry industry bases, 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 designated for development investment;

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

e) Investment projects by the Ministry of Agriculture and Rural Development for purchasing assets, including equipment and machinery that does not require installation, software for computers, new technologies, etc.;

f) Group B and C investment projects using development investment funds of State-owned Joint Stock Companies 90 and companies directly under the Ministry.

2. Direct foreign investment projects (FDI) do not fall within the scope of regulation of these provisions.

Classification of investment projects:

Article 2: 1. Investment projects in the agriculture and rural development sector are classified into groups according to the Investment and Construction Management Regulations issued together with Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government and are classified 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 allocated to construction components).

b) Specialized investment projects (over 50% of capital allocated to specialized components not involving construction such as: procurement of specialized equipment, materials, biotechnology, afforestation...).

APPROVAL OF INVESTMENT AND CONSTRUCTION PROJECTS

Chapter II

Approval of investment and construction projects

Article 3: 1. Approval of investment policy and plan:

To ensure that the Ministry's projects are invested in accordance with their objectives, achieving high economic and social benefits, implementing the sector's development strategy, and the investment policy of the Government during each period of economic and social development, before approving investment and construction projects, the following must be carried out:

1.1- Determination of investment policy and plan:

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

-The Deputy Minister in charge of consolidating plans directs the Planning and Master Planning Department to notify the Ministry's investment policy to units under the Ministry. Units base themselves on their assigned functions and tasks and the Ministry's investment policy to proactively work with the Planning and Master Planning Department to develop investment plans, which are submitted to the Deputy Minister in charge of the block for guidance before being consolidated and reported to the Executive Board and Leadership of the Ministry for approval.

-The Planning and Master Planning Department consolidates the plans of the units to report to the Deputy Minister in charge of consolidating plans for consideration and decision by the Executive Board and Leadership of the Ministry.

1.2- Implementation of investment:

-After the Executive Board or Leadership of the Ministry has approved, the Deputy Minister in charge of consolidating plans directs the completion of the plan and works with the Ministry of Planning and Investment to obtain an investment project notification and investment capital plan.

-Based on the notification from the Government, the Deputy Minister in charge of general construction management is responsible for directing units with construction investment projects classified according to Clause 2 of Article 2 of these Regulations to implement the investment steps: project review, technical design and total estimate, bidding; Directing state management of progress and quality in accordance with current state regulations; Coordinating with the Deputy Minister in charge of the block to promptly address any specialized issues arising during implementation.

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

2. Approval of sector planning projects:

2.1- For overall development planning projects in agriculture and rural development, the Minister of Agriculture and Rural Development signs and submits them to the Prime Minister for approval.

2.1 - For the overall development master plan project of the Agriculture and Rural Development sector, the Minister of Agriculture and Rural Development shall submit for approval by the Prime Minister.

2.2 For projects:

a) Agricultural development planning (crops, livestock).

b) Planning for production and processing of agricultural and forestry products and salt.

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 reviews to submit to the Prime Minister for approval. The Deputy Minister in charge of the sector forwards to the higher authority when assigned by the Minister.

Before deciding or submitting to the Prime Minister for approval, the Minister and the Secretary of the Party Committee together with the collective of the Party Committee discuss and decide on the above projects in accordance with Article 3 of the Ministry of Agriculture and Rural Development's Operational 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 Operational Regulations of the Ministry).

3. Approval of investment projects:

The approval of group A, B, and C projects using state budget funds, state-guaranteed credit, and state development credit managed by the Ministry of Agriculture and Rural Development shall be carried out in accordance with Articles 10 and 11 of the Investment Management and Construction Regulations, 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 project proposal of group A projects, ODA-funded projects with total investment equivalent to group A projects under the Investment Management and Construction Regulations, or approves group B and C projects that have important or strategic characteristics for the industry.

b) The Minister delegates the Deputy Minister in charge of general construction to approve construction and installation projects, and the Deputy Minister in charge of the sector 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 total investment equivalent to group B and C projects under the Investment Management and Construction Regulations.

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

- Specifically, for some complex group B and C projects involving multiple fields, before making a decision, the Deputy Minister in charge shall follow the provisions of Articles 6, 7, and 8 of the Ministry's Operational Regulations.

- For some group C projects funded from the state budget, with uncomplicated technology, and where provinces or centrally-administered cities have the capacity to manage, mobilize local labor, and propose decentralization to local management, the Department of Planning and Planning will coordinate with the Department of Investment and Construction to propose a plan to transfer the project to the Deputy Minister in charge for consolidation and approval.

3.2 The Board of Directors of State-owned Corporations under the Ministry is responsible for deciding to invest in group C projects using state-guaranteed credit and state development credit according to Point 2, Clause 5 of Article 1 of Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing certain articles of the Investment Management and Construction Regulations issued together with Decree No. 52/1999/NĐ-CP.

Chapter III

DETERMINATION, PREPARATION, AND REVIEW OF INVESTMENT PROJECTS

Article 4: Determination of investment projects

Based on the government's investment orientation and annual proposals from localities or proposals from units within the industry, the Department of Planning and Planning is responsible for compiling and submitting to the Ministry for approval of the list of planning projects and investment projects, or the Ministry submits to the Government in accordance with Clause 1 of Article 3 of this Regulation.

The determination of planning projects must be based on the local economic and social development orientation and the industry's development strategy.

The determination of investment and construction projects must be based on approved industry planning, government investment orientation and policy, and foreign financial sources (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 funds, the investor is responsible for preparing or hiring consultants to prepare a pre-feasibility study report (PFSR), feasibility study report (FSR), or investment report in accordance with Articles 22, 23, 24, and 25 of the Investment Management and Construction Regulations.

2. For projects using foreign support, depending on the specific requirements of the agreement, the project preparatory unit or the main project unit will prepare the PFSR, FSR, or investment report. The preparation of the PFSR, FSR, or investment report must comply with Articles 22, 23, 24, and 25 of the Investment Management and Construction Regulations 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 industry. When reviewing industry planning projects for agriculture, forestry, and water resources, they must follow the provisions of Articles 26, 27, and 28 of the Investment Management and Construction Regulations and Point 10 of 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 Ministry's leadership to sign and submit to the Prime Minister for approval of industry planning projects.

2. For investment projects:

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

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

2.1 Review of group A projects:

Pursuant to Clause 6.a Article 26 of the Investment Management and Construction Regulation, the Department of Investment and Construction Development is responsible for drafting the document and completing the procedures for Group A projects for the Ministry's leadership to sign and submit to the Prime Minister.

2.2- Reviewing Group B, C projects managed by the Ministry of Agriculture and Rural Development:

The Minister shall utilize specialized agencies under the Ministry to review investment projects using State budget funds, state-guaranteed credit, and state development credit. The agency assigned the main responsibility must take into account the opinions of related units to review:

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

b) Group B, 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 the 90 State-owned Enterprises, and Group B, C projects of companies directly under the Ministry using state-guaranteed credit and state development credit. For Group C projects of the 90 State-owned Enterprises using the aforementioned capital, the Board of Directors of the Enterprise shall be responsible for organizing its own review.

e) For Group B, C projects using enterprise development capital from the 91 State-owned Enterprises, the 90 State-owned Enterprises, and companies under the Ministry that partially use State budget funds or capital originating from the State budget, they must be reviewed by the competent authority of the Ministry of Agriculture and Rural Development regarding the portion of the project using such capital. The分级授权审批将根据财政部与每个具体项目达成的协议进行，并在国家有规定时执行。

For loan-funded projects, before submitting to the authorized body for investment decision, they must be reviewed by the lending organization on financial plans, repayment plans, and funding supply.

3. Responsibilities of the reviewing agency:

The leading reviewing agency for investment projects shall implement according to Clause 10 Article 1 of Decree 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 body for investment decision:

- Review report;

- Necessary files;

- Draft investment decision.

4. Content of project review shall be carried out according to Article 27 of the Investment Management and Construction Regulation.

Chapter IV

ORGANIZATION AND MANAGEMENT OF INVESTMENT PROJECTS

Article 7:Implementation of projects

Based on the notification of the Government, relevant agencies of the Ministry assist the Deputy Minister in charge of the sector and the Deputy Minister in charge of basic construction in deciding to assign the role of project owner or lead the project to units under the Ministry. The unit assigned as the project owner 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 team, project director, signing contracts, coordinating with the Planning and Planning Department to submit the project outline for approval by the Ministry before implementation, product acceptance, and financial settlement according to current State regulations.

2. For investment and construction projects:

After the Ministry has decided on investment, the investment and construction process shall be carried out in the following steps:

+ Project preparation.

+ Project review.

+ Project implementation.

+ Completion of investment, handover, and operation of the project.

Depending on the nature and characteristics of agricultural, forestry, water conservancy investment projects, before preparing the feasibility study report, technical and economic report, or investment report, the project owner must submit the investigation and survey outline, technology 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 feasibility study reports, technical and economic reports, the project owner or project leader shall be responsible for coordinating with the International Cooperation Department and related agencies to complete the procedures for submission to the authorized body 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: Determination, guidance, preparation, review, and approval of projects, inspection of implementation, organization of acceptance and handover for operation, final accounts, and evaluation of investment results. Relevant agencies of the Ministry manage investment and construction projects according to their functions, tasks, and authorities. During the management of investment projects, the unit assigned the main responsibility must be accountable to the Ministry's leadership for the tasks assigned, and cooperating units must be accountable to the Ministry's leadership for the opinions provided by their units and are specified some main tasks as follows:

1. The Department of Planning and Planning:

To compile the overall plan for projects under the Ministry's management, determine the list of industry planning projects and investment projects under the Ministry's management, report to the Deputy Minister in charge of compiling the plan for approval or submission to the Ministry's leadership for decision; Draft documents and complete procedures for the Ministry to sign and submit to the Prime Minister for investment policy, plan, and industry planning project; Notify the approved investment policy to units under the Ministry; Lead the review and be responsible for collecting opinions from related Departments and Bureaus to submit to the Deputy Minister in charge of compiling the plan or Deputy Minister in charge of the sector for approval of the project planning outline according to Clause 1 Article 7 of this Regulation; Coordinate with the Department of Investment and Basic Construction and related Bureaus to propose the assignment of Group C projects to localities; Arrange, balance, and consolidate various sources of funds according to the annual investment plan, construction progress of investment projects.

2. The Department of Investment and Basic Construction:

Assist the Minister in managing state affairs regarding investment and construction in the Agriculture & Rural Development sector; Based on current state regulations, develop management documents for investment and construction for the Ministry to issue; Manage bidding activities, construction policies and systems, guide and inspect subordinate units under the Ministry and localities in implementing these documents or international practices; Take the lead in reviewing and be responsible for soliciting opinions from relevant Departments and Agencies to submit to the Ministry for approval of survey outline, technical solutions... before initiating feasibility study reports, technical and economic justification reports, or investment reports as stipulated in Clause 2 of Article 7 of this Regulation; Review projects of group B, C investments, technical designs, and total budgets; Coordinate with the Department of Planning and Master Planning to allocate and balance capital according to the investment plan, construction progress, and propose to the Ministry to assign group C projects to localities; Inspect and urge project sponsors and Construction Management Boards under the Ministry regarding construction quality, progress, and investment capital management of construction works; Coordinate with the Personnel Affairs Department to propose to the Ministry for decisions on personnel (staffing, appointments, selection of cadres) of Construction Management Boards under the Ministry; Draft documents and complete procedures for the Ministry to sign and submit to the Prime Minister for approval of group A projects of the sector; Coordinate with specialized agencies to organize groundbreaking ceremonies, comprehensive final acceptance and handover of works of the sector funded by the central government but managed by provinces; Coordinate with the Department of Planning and Master Planning to compile investment projects under the Ministry using domestic and foreign funds for reporting to the Ministry.

3. Department of Science and Technology & Product Quality:

Guide the implementation of procedures, norms, Technical Standards, Construction Regulations of the State; Develop procedures, norms, Technical Standards, Construction Regulations for construction works of the sector for the Ministry to issue; Lead and coordinate with relevant Departments, Agencies, and related authorities to review projects utilizing funds from scientific and technological research grants, projects involving scientific research, technology transfer, environmental protection, and enhancing scientific and technological capacity; Guide and inspect the implementation of these regulations by management units involved in constructing works under the Ministry.

4. Department of International Cooperation:

Compile investment and construction projects supported by foreign countries; Lead and coordinate with relevant Departments, Agencies, and related units to complete procedures for foreign-supported investment and construction projects for submission to competent authorities for signing; Be responsible for coordinating with the Department of Investment and Construction to review projects utilizing such funds, inspect implementation status, groundbreaking, and handover of completed works according to signed agreements.

5. Department of Finance & Accounting:

Assist the Minister in managing finance and accounting of investment and construction projects under the Ministry; Based on current state regulations, provide guidance on investment and construction accounting operations; Inspect Project Management Boards and Project Offices on the implementation of these tasks; Develop financial management documents for investment and construction projects for the Ministry to issue and guide affiliated units under the Ministry in their implementation; Lead and coordinate with relevant Departments, Agencies, and related authorities to examine and approve annual settlements and review final settlements for submission to the Ministry for approval of 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 completed group A projects.

6. Department of Organization & Cadre Affairs:

Assist the Minister in deciding organizational structures (project sponsors, Project Management Boards...), systems of Project Management Boards to implement projects under the Ministry; Lead and coordinate with relevant Departments, Agencies to build functions, tasks, authorities, and organizational structures, personnel of Project Preparation Offices, Pre-Investment Preparation Boards for Water Resources, Water Resources Project Management Boards, Agricultural and Forestry Project Management Boards, and organizations based on requirements of each project with foreign aid funding for submission to the Ministry for decision; Establish standards for cadre positions in the field of investment and construction under the Ministry; Lead proposals for investment projects and participate in reviewing investment projects in the education sector.

7. Ministry Office:

Coordinate with Departments and Agencies to develop management documents for investment and construction of the sector for submission to the Ministry or competent authorities for issuance; Guide and accept completion documents of projects under the Ministry's management for archiving according to current state regulations.

8. Ministry Inspectorate:

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

9. Agencies:

Agencies assist Deputy Ministers in charge of sectors assigned areas of responsibility, including the following main tasks:

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

b) Lead and coordinate with relevant units to review projects, technical designs, and total budgets of assigned investment projects; Coordinate with the Department of Investment and Construction to agree on technical solutions, engineering methods, project reviews, technical designs, total budgets, organize groundbreaking ceremonies, comprehensive final acceptance and handover of completed works for operation and use of related investment projects; Develop management documents, economic and technical norms specific to the sector for application in investment and construction projects.

c) Coordinate with the Department of Science and Technology & Product Quality to develop technical standards, procedures, and norms specific to the sector for application in investment and construction projects.

d) Assist Deputy Ministers in charge of sectors: Inspect project implementation progress and promptly propose management and technical solutions to address issues arising during implementation; Assist the Ministry in approving operational procedures, guiding or directing management units to accept completed works for operation and use.

10. Affiliated Research Institutes (Institutes, Schools...):

a) Units such as Institutes, Schools, Centers, National Parks... when assigned by the Ministry to be the project sponsor must bear responsibility before the Ministry and the law for managing their own investment projects.

b) The project sponsor must perform its functions, tasks, and authorities when assigned by the Ministry to manage the quality, progress, investment capital, and exploitation and utilization upon completion of the works; Coordinate with the Department of Organization and Cadres, the Department of Investment and Construction Projects, and related Departments and Bureaus to submit to the Ministry for decision on the establishment of the Project Management Board; Bear full responsibility for implementing all procedures and processes according to current regulations of the State and the Ministry regarding investment management and construction, bidding... finalizing the investment capital of completed projects.

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

11. The General Corporations 91, the General Corporations 90, and the Companies directly under the Ministry:

a) The General Corporations 91: For projects using state budget funds, state-guaranteed credit, and state development investment capital under the General Corporation, the unit shall implement according to the Investment and Construction Management 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. Bear full responsibility for implementing all regulations on procedures and processes for construction project management issued by the Ministry.

b) The General Corporations 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 General Corporations 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, implement according to 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 be the project sponsor, the unit must bear responsibility before the Ministry and the law for managing its own investment projects; Must perform according to its functions, tasks, and authorities regarding quality management, progress, investment capital, and exploitation and utilization upon completion of the works according to current regulations of the State and the Ministry on investment and construction management, bidding...; Propose to the Department of Organization and Cadres, the Department of Investment and Construction Projects, and related Departments and Bureaus to submit to the Ministry for decision on the organizational structure of the project management board; Bear full responsibility for implementing all procedures and processes for project management issued by the Ministry; Implement according to professional guidance and be subject to inspection by functional agencies under the Ministry during the implementation of the project.

c) For Group B and C projects using enterprise development investment capital, including the use of part of the state budget funds or capital from sources derived from the budget, which are implemented by the General Corporation 91, the General Corporation 90, and the Companies directly under the Ministry according to the agreement document of the Ministry of Finance for each project. The分级任务如下：

Article 9: Project management organizations implementing investment projects

1. Water Conservancy Project Preparation Boards, Water Conservancy Project Management Boards: Are assigned some responsibilities of the project sponsor during the investment phase. Bear responsibility before the Ministry and the law for managing the assigned investment projects; Fully comply with current regulations of the State and the Ministry on investment and construction management, bidding, progress, quality, investment capital...; Bear responsibility for coordinating with the CPO Boards, relevant units to manage foreign loan projects according to the contents of signed agreements; Functions, tasks, powers, and organizational structures of the unit are implemented according to decisions of the Minister of Agriculture and Rural Development already issued.

2. Agricultural Project Management Boards, Forestry Project Management Boards, Central Project Management Boards (CPO) for ODA-funded projects, bear responsibility before the Ministry and the law for managing their own investment projects; Fully comply with current regulations of the State and the Ministry on investment and construction management, bidding, progress, quality, investment capital, and the contents of signed agreements; Bear responsibility for guiding and coordinating with sub-project management boards to participate in implementing signed agreements and current regulations of the State and the Ministry; Functions, tasks, powers, and organizational structures of the unit are implemented according to decisions of the Minister of Agriculture and Rural Development already issued.

3. Project Management Boards of public service units, General Corporations 90, and Companies directly under the Ministry:

These Project Management Boards assist sponsors in managing and implementing projects, bearing responsibility before the sponsor and the law for the assigned work. Functions, tasks, powers, and organizational structures of the unit are implemented according to decisions of the competent authority already issued.

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

After the province or centrally-administered city receives the investment policy from the Ministry, the Project Management Board under the Provincial Department of Agriculture and Rural Development assigned to manage and implement the project must bear responsibility before the Ministry, the province or city, and the law for managing the investment and construction of the project of the unit; Must fully comply with current regulations of the State and the Ministry on procedures and processes for investment and construction management; The approval process, bidding management, progress management, quality management, final settlement of investment capital of completed projects, acceptance and handover of completed works for operation and use must follow the Ministry's investment and construction management procedures; Bear responsibility before the Ministry and the province for managing the quality and quantity of local labor forces mobilized.

Chapter V

IMPLEMENTING PROVISIONS

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

Article 11: The Heads of the Ministry's Office, Heads of Departments and Bureaus, Directors of 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 implementation process, if there are any unsuitable points that require amendment or supplementation, the units shall promptly reflect them to the Ministry for consideration and resolution./.

These Project Management Boards assist project sponsors in managing the implementation of projects, and are responsible before the project sponsors and the law for the tasks assigned to them. The functions, responsibilities, authorities, and organizational structure of the unit shall be carried out according to the decision of the competent authority already issued.

 

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

After the province or centrally-administered city receives the investment policy from the Ministry, the Project Management Board under the Provincial Department of Agriculture and Rural Development assigned to manage and implement the project must bear responsibility before the Ministry, the province or city, and the law for managing the investment and construction of the project of the unit; Must fully comply with current regulations of the State and the Ministry on procedures and processes for investment and construction management; The approval process, bidding management, progress management, quality management, final settlement of investment capital of completed projects, acceptance and handover of completed works for operation and use must follow the Ministry's investment and construction management procedures; Bear responsibility before the Ministry and the province for managing the quality and quantity of local labor forces mobilized.

Chapter V

IMPLEMENTING PROVISIONS

This provision shall take effect fifteen days from the date of signature.

Article 11: The Heads of the Ministry's Office, Heads of Departments and Bureaus, Directors of 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 implementation process, if there are any unsuitable points that require amendment or supplementation, the units shall promptly reflect them to the Ministry for consideration and resolution./.