Decision No. 123/2000/BNN-TCCB On the functions, tasks, powers, and organizational structure of the Central Management Board for Irrigation Projects

DECISION OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Regarding functions, tasks, authorities, and organization

of the Central Management Board for Irrigation Projects

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government and Decree No. 12/2000/NĐ-CP dated May 5, 2000 of the Government amending and supplementing certain provisions of the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP;

Considering the proposals of the Director of the Basic Construction Investment Department and the Director of the Cadre and Civil Servant Organization Department,

DECISION:

Article 1. The Central Management Board for Irrigation Projects (hereinafter referred to as the CPO) established pursuant to Decision No. 162/QĐ/TCCB-LĐ dated February 26, 1994 of the Ministry of Water Resources (former) is an agency of the Ministry of Agriculture and Rural Development entrusted with the role of project owner for irrigation projects financed by loans from the Asian Development Bank (ADB), the World Bank (WB), and other international financial organizations to manage and coordinate the implementation of these projects according to loan agreements between the Government of Vietnam and these organizations and relevant State regulations.

Article 2. The Central Management Board for Irrigation Projects has the responsibility to perform certain tasks of the project owner as stipulated in Clause 2 of Article 14, Article 33, Clause 3 of Article 61, and related articles in the Investment and Construction Management Regulation issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government, which are detailed as follows:

1. Serving as the point of contact with the Asian Development Bank (ADB), the World Bank (WB), and other international financial organizations to handle procedures and organize the implementation of irrigation development projects in accordance with agreements and understandings between the Government of Vietnam and these organizations, in compliance with State regulations on investment and construction management.

2. Compiling annual plans and periodic plans of each sub-project (project component) prepared by sub-project management boards (SPO, SIO) in accordance with State regulations and international agreements, submitting them to the Ministry for approval and implementing them after approval.

3. Organizing international bidding to select international consultants, international procurement of goods, and construction works of the project in accordance with the agreement and State bidding regulations; signing contracts after obtaining consent from the lender and approval from the Ministry of the bidding results; managing the implementation of these contracts. For construction works packages, the Central Management Board for Irrigation Projects (CPO) delegates authority to sub-project management boards (SPO, SIO) to sign and manage contracts in accordance with current regulations.

Implementing technical assistance projects and training programs of the projects in accordance with the agreement.

4. Guiding SPOs and SIOs in organizing domestic bidding for consultancy, procurement, and construction works packages in accordance with the procedures and formalities stipulated in the agreement, State bidding regulations, and implementing the results of the bidding after approval from the Ministry.

5. Participating in reviewing feasibility studies, technical designs, and total budgets in accordance with the agreement's provisions and jointly submitting these documents to the Ministry for approval along with the relevant units.

Directing, inspecting SPOs, SIOs, and other units responsible for implementing project components to ensure requirements for land clearance, compensation, resettlement, environmental protection, progress, quality, acceptance, handover, and other requirements as prescribed by the State and the lender.

6. Performing project owner financial management tasks:

- Managing special accounts and advance payment accounts of the project at Vietnamese commercial banks in accordance with the agreement.

- Disbursing the entire loan amount of the project according to State regulations, ADB, WB, and international financial organization regulations.

- Managing the entire loan amount of the project, settling and finalizing accounts for the loan portion of the project expenditures based on the proposals of sub-project management boards in accordance with State regulations and lender regulations.

- Managing and settling accounts for the counterpart funds assigned to the Board.

- Compiling the final settlement of the entire project based on the final settlements of each sub-project submitted by SPOs, SIOs, and other units responsible for implementing project components in accordance with State regulations.

7. Implementing regular and ad hoc reporting on project implementation as required by the Ministry, competent State agencies, and lenders.

Unifying statements regarding project implementation with ADB, WB, and lenders.

8. Summarizing all occurrences during project implementation, jointly with SPOs and SIOs, submitting them to the Ministry for decision-making.

9. Managing cadres, civil servants, and assets of the Board in accordance with State regulations and Ministry regulations.

Article 3. The Central Management Board for Irrigation Projects is a public service organization, having legal personality, its own bank account and seal, and is authorized to receive funds for project expenditure payments in accordance with State regulations and lender regulations.

The operating costs of the Board are included in the project investment budget and allocated to each sub-project in accordance with current regulations.

Cadres and civil servants of the Board are classified and paid salaries according to Decision No. 198/1999/QĐ-TTg dated September 30, 1999 of the Prime Minister.

Article 4. The organizational structure of the Central Management Board for Irrigation Projects includes:

- Planning and Synthesis Department.

- Personnel - Administrative - Management Office.

- Finance - Accounting Office.

- Resettlement - Environment Office.

- Other specialized offices, decided by the Director.

Article 5. Based on this decision, the Director of the Central Management Board for Irrigation Projects shall issue operational rules and arrange staff within their authority.

Relevant functional agencies of the Ministry shall assist the Ministry in managing, guiding, and inspecting the activities of the Central Management Board for Irrigation Projects in accordance with their respective functions.

Article 6. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Previous regulations concerning the functions, tasks, authorities, and organization of the Central Management Board for Irrigation Projects that conflict with this decision are hereby abolished.

The Head of the Ministry’s General Office, the Directors of the Cadre and Civil Servant Organization Department, the Director of the Basic Construction Investment Department, the Heads of relevant agencies and units under the Ministry, and the Director of the Central Management Board for Irrigation Projects are responsible for implementing this decision.