Decision No. 112/2006/QD-BNN Establishing the Investment and Construction Management Board for Water Resources Project 6 under the Ministry of Agriculture and Rural Development

Pursuant to …;

Establishing the Investment and Construction Management Board for Water Resources 6 under the Ministry of Agriculture and Rural Development

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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 urban planning; No. 16/2005/NĐ-CP dated February 7, 2005 on project management; No. 112/2006/NĐ-CP dated September 29, 2006 amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP; and No. 209/2004/NĐ-CP dated December 16, 2004 on construction quality management;

Pursuant to Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government stipulating 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 Department.

DECISION:

Article 1. Position and Functions

Establishing the Investment and Construction Management Board for Water Resources 6 under the Ministry of Agriculture and Rural Development based on reorganizing and rearranging the Water Resources Project Management Board 410.

The Investment and Construction Management Board for Water Resources 6 shall be responsible for managing and using state capital and other sources of capital (if any) to invest in and construct water resources projects (including water resources projects and dike projects) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Water Resources 6 is a state-run economic entity with legal personality, its own seal, and a bank account at a commercial bank or state treasury to operate in accordance with the law.

The Investment and Construction Management Board for Water Resources 6 shall be responsible for directly receiving capital from funding agencies to manage and implement projects from the investment preparation stage through implementation to completion and operation in accordance with the law on direct project management by the investor. The operating costs of the Investment and Construction Management Board for Water Resources 6 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 6 shall be located in Quang Ngai Province (the office of the Water Resources Project Management Board 410), with a second office in Quy Nhon City, Binh Dinh Province, and a third office in Da Nang City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

The Investment and Construction Management Board for Water Resources 6 shall perform the duties and powers of the investor for water resources construction projects in four centrally governed cities and provinces: Da Nang, Quang Nam, Quang Ngai, and Binh Dinh, as decided by the Minister of Agriculture and Rural Development. Specific duties are as follows:

1. Preparing investment construction projects:

- Implementing the tasks and powers 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 construction projects:

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

3. Selecting contractors in construction activities:

- Implementing the tasks and powers 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 works:

- Implementing the tasks and powers stipulated in Article 50 of the Construction Law (excluding Point a of Clause 1); Articles 6, 7, 8, 9, Article 11 (Point b of Clause 1), and Article 12 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

5. Designing construction works:

- Implementing the tasks and powers 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 works:

- Implementing the tasks and powers 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 works:

- Implementing the tasks and powers 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 works:

- Implementing the tasks and powers 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 tasks and powers 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 that the unit responsible for managing and using the project after completion appoints personnel to participate in project investment and construction management and to take over management and use upon project completion, subject to approval by the decision-making authority;

- Cooperating with local authorities within the project area to resolve specific issues of each project;

- Depending on the scale, nature, and time requirements of the project, the Investment and Construction Management Board for Water Resources 6 may enter into contracts with one or more main contractors. Main contractors may subcontract work to one or more sub-contractors but must obtain the approval of the Investment and Construction Management Board for Water Resources 6 in the contract signed with the investor and comply with the provisions of the Public Procurement Law.

- Fulfill all other rights and obligations of the project investor as prescribed in the Construction Law, the Bidding Law, Decrees No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for investment construction works, No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP, No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law, No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management, and other relevant legal provisions.

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

12. Perform other tasks assigned by the Minister.

Article 3. Organizational Structure

1. Leadership of the Board:

The Director and Deputy Directors shall be appointed and relieved of their positions by the Minister of Agriculture and Rural Development in accordance with current regulations;

The Director of the Investment and Construction Management Board for Water Resources 6 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 and delegated authority;

2. Staff Supporting the Director:

- Organization and Administration Department;

- Planning and Finance Department;

- Technical Review and Budget Department;

- Construction Management Department.

3. Project Management Board:

The Project Management Board is established when the investment project is approved and dissolved upon completion of the construction project. The Project Management Board has a Head and one Deputy Head. The Project Management Board performs tasks and powers delegated by the Director of the Investment and Construction Management Board for Water Resources 6. The Head of the Project Management Board is responsible to the Director of the Investment and Construction Management Board for Water Resources 6 and to the law according to the tasks and delegated authority assigned.

Heads and Deputy Heads of specialized departments; Heads and Deputy Heads of the Project Management Board are appointed in accordance with current regulations; officials and employees recruited to work at the Board based on job requirements and the Civil Servant Law, 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 6 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 donors and specific international treaties on ODA.

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

Article 5. The Director and Deputy Directors of the Project Management Board for Water Resources 410 who are appointed to serve as the Director and Deputy Director of the Investment and Construction Management Board will have their appointment period calculated from the date of appointment as Director and Deputy Director of the Project Management Board for Water Resources 410.

Article 6. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette, replacing 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 the 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; abolishing 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 6 is responsible for receiving the Project Management Board for Water Resources 410 in its existing form to organize the implementation of tasks from the date this Decision takes effect and to draft the charter of the Investment and Construction Management Board for Water Resources 6 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 operations of the Investment and Construction Management Board for Water Resources 6 in accordance with their assigned functions and tasks.

3. The Chief of the Office, Heads of the Personnel Organization Department, Heads of the Construction Management Bureau, Heads of the Water Resources Bureau, Heads of the Dike Management and Flood Control Bureau, Heads of related agencies and units under the Ministry, Directors of the Project Management Board for Water Resources 410, and the Director of the Investment and Construction Management Board for Water Resources 6 are responsible for implementing this Decision./.