Decision No. 115/2006/QĐ-BNN Establishing the Investment and Construction Management Board for Irrigation Project 3 under the Ministry of Agriculture and Rural Development

DECISION

Establishing the Investment and Construction Management Board for Irrigation Project 3 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 Organization Department.

DECISION:

Article 1. Position and Functions

Establishing the Investment and Construction Management Board for Irrigation Project 3 under the Ministry of Agriculture and Rural Development based on the reorganization and restructuring of the Irrigation Project 406 Management Board.

The Investment and Construction Management Board for Irrigation Project 3 shall be responsible for managing and utilizing state capital and other sources of funds (if any) to invest in constructing irrigation works (including irrigation projects and dyke systems) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Irrigation Project 3 is a state-run economic organization with legal personality, its own seal, and a bank account at a commercial bank or state treasury for its operations in accordance with the law.

The Investment and Construction Management Board for Irrigation Project 3 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 Irrigation Project 3 shall be included in the investment budget of each project in accordance with current regulations.

The Investment and Construction Management Board for Irrigation Project 3 shall have its headquarters in Thanh Hoa City, Thanh Hoa Province (the headquarters of the Irrigation Project 406 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 Irrigation Project 3 shall perform the duties and powers of the investor of irrigation construction projects in Thanh Hoa Province decided by the Minister of Agriculture and Rural Development as the investment decision-making authority. Specific tasks are as follows:

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; Points 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 Bidding 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 works:

- 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 works:

- 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 works:

- 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 that the entity responsible for managing and using the works after completion appoints personnel to participate in investment and construction management of the works and take over management and use upon completion, 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 Irrigation Project 3 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 Irrigation Project 3 in the contract signed with the investor and comply with bidding laws.

- Fulfill all other rights and obligations of the 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 Project 3 manages and oversees all activities of the Board, being 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, being responsible to the Director and to the law for the performance of the tasks assigned and delegated;

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 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 3. The Head of the Project Management Board is responsible to the Director of the Investment and Construction Management Board for Water Resources Project 3 and to the law according to the tasks and powers delegated.

Heads and Deputy Heads of specialized departments; Heads and Deputy Heads of the Project Management Board shall be appointed in accordance with current regulations; officials and employees recruited to work at the Board based on job requirements and the Civil Servant Law, shall be 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 3 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 may issue a decision to organize separately to assign the Board to perform the functions of a component Project 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. The Director and Deputy Directors of the Water Resources Project Management Board 406, appointed to serve as the Director and Deputy Director of the Investment and Construction Management Board for Water Resources Project 5, the term of appointment shall be calculated from the date of appointment as Director and Deputy Director of the Water Resources Project Management Board 406.

Article 5. This Decision shall take 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 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; abolishing 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 3 is responsible for receiving the Water Resources Project Management Board 406 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 Project 3 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 activities of the Investment and Construction Management Board for Water Resources Project 3 in accordance with their assigned functions and tasks.

3. The Heads of the Office, the Departments of Cadre and Civil Service Management, the Bureau of Construction Management, the Bureau of Water Resources, the Bureau of Dike Management and Flood Prevention, the Heads of related agencies and units under the Ministry, the Directors of the Water Resources Project Management Board 406 and the Investment and Construction Management Board for Water Resources Project 3 are responsible for implementing this Decision./.

3. The Director of the Office, the Head of the Cadre and Civil Servant Organization Department, the Director of the Construction Project Management Bureau, the Director of the Water Resources Bureau, the Director of the Dike Management and Flood Control Bureau, the Heads of relevant agencies and units under the Ministry, the Director of the Thuy Loi 406 Project Management Board, and the Director of the Thuy Loi 3 Investment and Construction Management Board shall be responsible for implementing this Decision./.