Decision No. 110/2006/QD-BNN Establishing the Investment and Construction Management Board for Water Resources Project 9 under the Ministry of Agriculture and Rural Development

Pursuant to …;

Establishing the Investment and Construction Management Board for Water Resources Project 9 under the Ministry of Agriculture and Rural Development

Nông nghiệp và Phát triển nông thôn

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

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

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

At the proposal of the Director of the Construction Management Department and the Head of the Cadre and Civil Servant Affairs Department

DECISION:

Article 1. Position and Functions

Establishing the Investment and Construction Management Board for Water Resources Project 9 under the Ministry of Agriculture and Rural Development based on reorganizing and rearranging the Water Resources Project Management Board 416.

The Investment and Construction Management Board for Water Resources Project 9 shall be responsible for managing and utilizing state capital and other sources of funds (if any) to invest in and construct water resources projects (including water resources projects and dyke works) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Water Resources Project 9 is a state-run economic entity with legal personality, its own seal, and an account opened at a bank or state treasury to operate in accordance with the law.

The Investment and Construction Management Board for Water Resources Project 9 shall be responsible for directly receiving capital from the funding agency to manage and organize the implementation of projects from the investment preparation stage through execution to completion and commissioning according to the direct investor's management model as prescribed by law. The operating costs of the Investment and Construction Management Board for Water Resources Project 9 shall be included in the investment budget of each project in accordance with current regulations.

The main office of the Investment and Construction Management Board for Water Resources Project 9 is located in Ho Chi Minh City (the office of the Water Resources Project Management Board 416).

Article 2. Tasks and Powers

The Investment and Construction Management Board for Water Resources Project 9 shall perform the duties and powers of the investor for water resources construction projects in six provinces and cities in the Southeast region, including Ho Chi Minh City, Dong Nai, Binh Duong, Binh Phuoc, Tay Ninh, and Ba Ria-Vung Tau, as decided by the Minister of Agriculture and Rural Development. Specific tasks are as follows:

1. Preparing investment and construction projects:

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

3. Selecting contractors in construction activities:

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

4. Surveying and designing construction:

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

5. Designing construction projects:

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

6. Constructing construction projects:

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

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

8. Acceptance and handover of construction projects:

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

9. Payment and settlement in construction activities:

- Implementing the duties and powers as stipulated 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 project in the future to send representatives to be approved by the investment decision-making authority to participate in project investment and construction management and take over management and use when the project is completed;

- 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 9 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 9 in the contract signed with the investor and comply with the provisions of the law on public procurement.

- Fulfill all other rights and obligations of the project investor as prescribed in the Construction Law, the Bidding Law, Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment construction works, Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP, Decree 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, Decree 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 are appointed and relieved of their positions by the Minister of Agriculture and Rural Development in accordance with current regulations;

The Director of the Investment and Construction Management Board for Water Resources Project 9 manages and oversees all activities of the Board, and is fully responsible to the Minister of Agriculture and Rural Development and to the law for all activities of the Board;

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

2. Staff Supporting the Director:

- Organization and Administrative Department;

- Planning and Finance Department;

- Technical Review and Budget Department;

- Construction Management Department.

3. Project Management Board:

The Project Management Board is established when the investment project is approved and dissolved upon completion of the construction project. The Project Management Board has a Director and one Deputy Director. The Project Management Board performs tasks and powers assigned by the Director of the Investment and Construction Management Board for Water Resources Project 9. The Director of the Project Management Board is responsible to the Director of the Investment and Construction Management Board for Water Resources Project 9 and to the law according to the tasks and powers delegated to him/her.

Heads of specialized departments; Directors and Deputy Directors of project management boards are appointed in accordance with current regulations; officials and employees recruited to work at the Board are hired based on job requirements and the Civil Servant Regulation, and 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 project investor

1. The Investment and Construction Management Board for Water Resources Project 9 is responsible for coordinating with the Central Project Management Board for Water Resources (CPO) to manage and organize the implementation of water resources construction projects funded by ODA in accordance with current laws on investment and construction management and agreements signed between the Socialist Republic of Vietnam and international sponsors and specific international treaties 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 the project investor,

Article 5. The Director and Deputy Director of the Water Resources Project Management Board 416 may be assigned to hold the positions of Director and Deputy Director of the Investment and Construction Management Board for Water Resources Project 9, the term of appointment calculated from the date of appointment to the position of Director and Deputy Director of the Water Resources Project Management Board 416.

Article 6. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette; it replaces Decision No. 3906/QĐ/BNN-TCCB dated November 8, 2004 of the Minister of Agriculture and Rural Development regarding the functions, tasks, powers, and organizational structure of Water Resources Project Management Boards, Article 4 of Decision No. 39/2006/QĐ-BNN dated May 19, 2006 of the Minister of Agriculture and Rural Development; and abolishes previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Decision.

Article 7. Responsibility for Implementation

1. The Director of the Investment and Construction Management Board for Water Resources Project 9 is responsible for receiving the Water Resources Project Management Board 416 in its existing state to organize the implementation of tasks from the date this Decision takes effect and to draft the charter of organization and operation of the Investment and Construction Management Board for Water Resources Project 9 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 9 in accordance with their assigned functions and tasks.

3. The Head of the Office, Heads of the Personnel Organization Department, the Director of the Construction Management Bureau, the Director of the Water Resources Bureau, the Director of the Dike Management and Flood Prevention Bureau, and the Heads of related agencies and units within the Ministry, the Director of the Water Resources Project Management Board 416, and the Director of the Investment and Construction Management Board for Water Resources Project 9 are responsible for implementing this Decision./.