Decision No. 113/2006/QD-BNN Establishing the Investment and Construction Management Board for Water Resources Project 5 under the Ministry of Agriculture and Rural Development

Pursuant to …;

Establishing the Investment and Construction Management Board for Water Resources Project 5

under the Ministry of Agriculture and Rural Development

_______________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Decrees of the Government No. 08/2005/NĐ-CP dated January 24, 2005 on 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 5 under the Ministry of Agriculture and Rural Development based on reorganizing the Water Resources Project 408 Management Board.

The Investment and Construction Management Board for Water Resources Project 5 shall be responsible for managing and utilizing state capital and other sources of funds (if any) to invest in constructing water resources projects (including water resources projects and dike works) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Water Resources Project 5 is a state-run economic organization 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 Project 5 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 operation in accordance with the law. The operating costs of the Investment and Construction Management Board for Water Resources Project 5 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 5 shall be located in Hue City, Thua Thien Hue Province (the office of the Water Resources Project 408 Management Board).

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 Project 5 shall undertake the responsibilities and powers of the investor for water resources construction projects in Quang Binh, Quang Tri, and Thua Thien Hue Provinces decided by the Minister of Agriculture and Rural Development as the investment decision-making authority. Specifically, the following tasks:

1. Preparing investment construction projects:

- Implementing the duties and powers set forth in Article 41 of the Construction Law; Articles 5, 6, 12 (excluding Clause 1 and Clause 4) and Article 13 (excluding Clause 1) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clauses 3, 4, 7, and 8 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

2. Managing investment construction projects:

- Implementing the duties and powers set forth in Article 45 (excluding Point a Clause 2) of the Construction Law; Point 2 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 set forth 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 set forth in Article 50 of the Construction Law (excluding Point a Clause 1); Articles 6, 7, 8, 9, Article 11 (Point b Clause 1) and Article 12 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

5. Designing construction projects:

- Implementing the duties and powers set forth in Article 57 of the Construction Law (excluding Point a 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 set forth in Articles 68, 72, 75 (excluding Point a 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), 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 set forth 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 set forth in Article 80 of the Construction Law; Articles 23, 24, 25, 26, Article 27 (Clause 3), Article 30, 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 set forth in Clauses 2 and 3 of Article 81 of the Construction Law; Article 42 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clause 14 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

10. Other related construction activities:

- Proposing units that will manage and use the project in the future to assign personnel to participate in project investment and construction management and take over management and use when the project is completed, subject to approval by the investment decision-making authority;

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

- Depending on the scale, nature, and time requirements of the project, the Investment and Construction Management Board for Water Resources Project 5 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 5 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 investor as stipulated in the Construction Law, the Bidding Law, Decrees No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for construction investment projects, No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP, No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law, No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management, and other relevant legal provisions.

11. Manage the organization, staffing, and assets of the Board in accordance with regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for officers and civil servants 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 Project 5 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:

- Human Resources and Administrative Affairs 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 Project 5. The Head of the Project Management Board is responsible to the Director of the Investment and Construction Management Board for Water Resources Project 5 and to the law according to the tasks and delegated powers assigned.

Heads and Deputy Heads of specialized departments; Heads and Deputy Heads of the Project Management Board are appointed in accordance with current regulations; officers and civil servants 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 investor

1. The Investment and Construction Management Board for Water Resources Project 5 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 a project where the Minister of Agriculture and Rural Development is designated as the investor by the Prime Minister, the Ministry will decide to organize separately to assign the Board to perform the functions of the Project Component Management Board (Sub-project Management Board), some or all of the investor's duties 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. The Director and Deputy Directors of the Water Resources Project Management Board 408, who are appointed to serve as the Director and Deputy Director of the Investment and Construction Management Board for Water Resources Project 5, have their terms of appointment calculated from the date of appointment as Director and Deputy Director of the Water Resources Project Management Board 408.

Article 5. 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 on 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 6. Effectiveness

1. The Director of the Investment and Construction Management Board for Water Resources Project 5 is responsible for taking over the Water Resources Project Management Board 408 in its existing form to organize the implementation of tasks from the date this Decision takes effect, and to draft the organizational charter and operational procedures of the Investment and Construction Management Board for Water Resources Project 5 for approval by the Minister, while working with competent state agencies to complete necessary procedures to operate in accordance with the law.

Article 7. Responsibility for Implementation

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 Project 5 in accordance with their assigned functions and tasks.

3. The Chief of the Office, Heads of the Organization and Cadre 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 Water Resources Project Management Board 408, and the Director of the Investment and Construction Management Board for Water Resources Project 5 are responsible for implementing this Decision.

3. The Director of the Office, the Heads of the Cadre and Civil Servant Organization Department, the Construction Project Management Bureau, the Water Resources Bureau, the Dike Management and Flood Control Bureau, the Heads of relevant agencies and units under the Ministry, the Directors of the 408 Irrigation Project Management Board and the Water Resources Investment and Construction Management Board No. 5 shall be responsible for implementing this Decision.