Decision No. 124/2000/QĐ-BNN-TCCB On the functions, tasks, powers, and organization of Water Resources Project Management Boards

Pursuant to …;

ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATION OF WATER RESOURCES PROJECT MANAGEMENT BOARDS

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 Regulations 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 Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government;
Considering the proposal of the Director of the Personnel Department and the Director of the Basic Construction Investment Department;

DECISION:

Article 1.- The Water Resources Project Management Board is an agency of the Ministry of Agriculture and Rural Development entrusted with the direct responsibility for managing and utilizing state funds to implement water resources construction investments under the project director management model, as prescribed by law.

Article 2.- The Water Resources Project Management Board shall be responsible for performing certain tasks of the investor as stipulated in Clause 2 of Article 14, Article 33, Clause 3 of Article 61, and related articles in the Investment and Construction Management Regulations issued together with Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government, specifically as follows:

1. To receive approved investment projects, based on the objectives and investment plans of the projects, prepare implementation plans (including preparation plans and execution plans for each project), submit them to the Ministry and organize the implementation of investment according to the decisions of the Ministry.

2. To organize bidding for consultancy services (or select consultants) to carry out survey, design, and construction work, and prepare total estimates and itemized estimates in accordance with the investment decision.

To sign contracts with selected consulting organizations, monitor and supervise their survey, design, and estimate preparation processes, inspect and accept their work, and prepare files for submission to the Ministry for approval in accordance with current procedures.

3. To organize procurement bidding and construction bidding (or select contractors) in accordance with the State's bidding regulations. Based on the approved bidding results, sign contracts with selected contractors (or designated ones) to supply materials and equipment and undertake construction work according to the approved design drawings.

4. To handle land allocation and construction permit procedures; coordinate with local People's Committees where the construction projects are located to organize compensation, resettlement, land clearance, and handover of construction sites to contractors according to schedule.

5. To organize construction supervision (or hire supervisory consultants) to manage construction quality, inspect the quality of building materials and components, and installed equipment in accordance with design requirements and technical standards.

Has the right to request explanations from consulting organizations, suppliers, and construction contractors regarding the quality of materials and equipment and the work they perform. For works that do not meet the design and construction technical standards, has the right to require repairs, replacements, or rejection of acceptance.

6. To conduct phased inspections immediately after completing hidden works, load-bearing structures, and individual parts or sections of the project, with the participation of design, construction, and material supply consultants (if applicable), the unit receiving the project for future operation management, and the quality inspection authority at the appropriate level.

7. To settle investment capital for design consulting organizations, material and equipment suppliers, and construction contractors in accordance with regulations on payment for completed work volumes in line with bidding or tendering methods.

8. To organize trial operation, partial handover, and handover of individual sections of the project or component projects to the units responsible for operating the project and local People's Committees to put the project into operation and use.

Upon completion of construction, to prepare final acceptance documents, guidebooks for management and use (including operational records, maintenance procedures for equipment; operational procedures for hydraulic works), and other relevant documents, organize comprehensive acceptance, and submit the project to the provincial People's Committee through the Ministry.

9. To prepare final accounts reports for project investment capital for approval by the Ministry or for submission to the competent authority for approval.

To submit to the Ministry and relevant state agencies for resolution of issues arising during project implementation (if any).

Article 3.- When the Water Resources Project Management Board is entrusted by the Ministry to manage and implement sub-projects (component projects) of projects financed by the Asian Development Bank (ADB), the World Bank (WB), and other international financial institutions, with the Central Water Resources Project Management Board (CPO) as the main project manager, the Water Resources Project Management Board shall perform the functions and tasks of a Sub-Project Management Board (SPO, SIO), ensuring compliance with the loan agreement and state regulations for these projects.

Article 4.- The Water Resources Project Management Board is an economic public institution, having legal personality, its own bank account and seal, and is authorized to directly receive investment capital from funding agencies to pay consulting organizations, material and equipment suppliers, and construction contractors in accordance with state regulations.

Staff members of the Water Resources Project Management Board shall be classified and paid salaries according to Decision No. 198/1999/QĐ-TTg dated September 30, 1999 of the Prime Minister.

Operating costs of the Boards shall be included in the project investment budget as prescribed.

Directors of Water Resources Project Management Boards shall issue internal regulations and arrange staff within their authority.

Article 5.- THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Previous regulations concerning the functions, tasks, powers, and organization of Water Resources Project Management Boards that conflict with this decision are hereby abolished.

Relevant functional departments of the Ministry shall assist the Ministry in managing, guiding, and inspecting the activities of Water Resources Project Management Boards within their respective functions.

The Head of the Ministry's Office, the Director of the Personnel Department, the Director of the Basic Construction Investment Department, Heads of relevant units under the Ministry, and Directors of Water Resources Project Management Boards are responsible for implementing this decision./.