Decision No. 117/2006/QD-BNN Establishing the Investment and Construction Management Board for Water Resources Project 1 under the Ministry of Agriculture and Rural Development

Pursuant to …;

Establishing the Investment and Construction Management Board for Water Resources Project 8 under the Ministry of Agriculture and Rural Development

Industry 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 Water Resources Project 8 under the Ministry of Agriculture and Rural Development based on reorganizing the Water Resources Project Management Board 413.

The Investment and Construction Management Board for Water Resources Project 8 shall be responsible for managing and utilizing state capital and other sources of capital (if any) to invest in constructing water resources projects (including water resources projects and dyke projects) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Water Resources Project 8 is a state-run economic public service 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 Water Resources Project 8 shall be responsible for directly receiving funds from funding agencies to manage and implement projects from the preparatory stage through implementation to completion and commissioning according to the direct project owner's management model as prescribed by law. The operating costs of the Investment and Construction Management Board for Water Resources Project 8 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 8 shall be located in Buon Ma Thuot City, Dak Lak Province (the office of the Water Resources Project Management Board 413), and its secondary office shall be located in Pleiku City, Gia Lai Province.

Article 2. Tasks and Powers

The Investment and Construction Management Board for Water Resources Project 8 shall undertake the responsibilities and powers of the project owner for water resources construction projects in five provinces in the Central Highlands, namely Dak Lak, Dak Nong, Gia Lai, Kon Tum, and Lam Dong, as decided by the Minister of Agriculture and Rural Development. Specific tasks are as follows:

1. Preparing investment 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 construction projects:

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

4. Surveying and designing construction works:

- 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 11 (Point b of Clause 1) of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

5. Designing construction works:

- Implementing the duties and powers as stipulated in Article 57 of the Construction Law (excluding Point a of Clause 1); Articles 13, 14, 16, and 17 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government; Articles 16 and 17 (Clauses 2, 3, and 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 as stipulated in Articles 68, 72, and 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, and 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 duties and powers as stipulated in Articles 87, 88, and 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 as stipulated in Article 80 of the Construction Law; Articles 23, 24, 25, 26, and 27 (Clause 3), 30, and 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 works after completion to assign personnel to participate in investment construction management and take over management and use upon completion of the works; - 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 8 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 8 in the contract signed with the project owner and comply with bidding regulations.

- 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 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 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 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 8 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 execution of the tasks and delegated authority;

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 Investment and Construction Management Board for Water Resources Project 8. The Head of the Project Management Board is responsible to the Director of the Investment and Construction Management Board for Water Resources Project 8 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 8 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 regarding 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 as the investor by the Prime Minister, the Ministry will decide to organize separately to assign the Board to perform the functions of the 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 sponsors, and specific international treaties regarding ODA. The Prime Minister assigns the Ministry to be the project investor, which shall issue a decision to organize a Project Management Board (Component Project Management Board or Sub-project Management Board) to undertake some or all of the investor's responsibilities in accordance with current laws on investment and construction management, the agreements signed between the Socialist Republic of Vietnam and international sponsors, and specific international treaties regarding ODA.

Article 5. The Director and Deputy Directors of the Water Resources Project Management Board 413, who are appointed to serve as the Director and Deputy Director of the Investment and Construction Management Board for Water Resources Project 8, have their appointment terms calculated from the date of appointment to the position of Director and Deputy Director of the Water Resources Project Management Board 413.

Article 6. Effectiveness

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 7. Responsibility for Implementation

1. The Director of the Investment and Construction Management Board for Water Resources Project 8 is responsible for receiving the Water Resources Project Management Board 413 in its existing form to organize the implementation of tasks from the date this Decision takes effect and to draft the charter of the organization and operation of the Investment and Construction Management Board for Water Resources Project 8 for approval by the Minister, while working with competent state agencies to complete necessary procedures to operate 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 Project 8 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 Control, the Heads of related agencies and units within the Ministry, the Directors of the Water Resources Project Management Board 413 and the Investment and Construction Management Board for Water Resources Project 8 are responsible for implementing this Decision./.