Decision No. 27/2008/QD-BNN on the functions, tasks, powers, and organizational structure of the Construction Management Bureau

 

Pursuant to …;

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE CONSTRUCTION MANAGEMENT DEPARTMENT

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to Article 19 of Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
Considering the proposal of the Director of the Department of Personnel Organization,

DECISION:

Article 1. Position and Functions

The Construction Management Department is an agency under the Ministry of Agriculture and Rural Development, performing the function of advising the Minister in managing state administration in the specialized field of agricultural construction, forestry, irrigation, aquaculture, salt industry, and rural development within the scope of the Ministry's state management.

The Construction Management Department has legal personality, its own bank account and seal, and operational funds as prescribed by law.

The headquarters of the Department is located in Hanoi and it has a permanent office in Ho Chi Minh City.

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;

1. Submit to the Ministry draft projects of laws, ordinances, and draft regulatory legal documents in the specialized field according to the annual program and plan for legislative development of the Ministry and other projects and programs assigned by the Minister. Submit to the Minister draft decisions, directives, and other documents within the Minister’s authority to direct and manage.

2. Submit to the Ministry strategies, plans, and long-term, five-year, and annual development plans; regional key area strategies, inter-regional, and inter-provincial plans, and important programs, projects, and works in the specialized field managed by the Department as assigned by the Minister.

3. Submit to the Ministry for publication strategies, plans, and development programs and organize guidance, inspection, and monitoring of the implementation of regulatory legal documents, strategies, plans, programs, projects, standards, technical regulations, procedures, norms, and economic-technical quotas in the specialized field that have been approved; direct and organize the dissemination and popularization of laws in the specialized field within the scope of the Department's management.

4. Issue individual documents and provide professional guidance on the specialized field and sector entrusted with management. Approve plans and schedules for implementation for each project investor assigned by the Ministry after receiving the annual capital allocation plan notification from the Ministry. Organize monitoring, supervision, periodic reporting, and thematic reporting on the results of basic construction investment and disbursement of projects assigned by the Ministry.

5. Direct flood prevention and disaster mitigation work in construction projects within the scope of the Department's management and participate in the Ministry's flood prevention work as assigned by the Minister.

6. Manage the project investment planning phase:

a) Chair the review and submit to the Ministry reports and investment projects of national importance assigned by the Ministry;

b) Chair the assessment of the basic design of water conservancy projects group A (regardless of funding sources); serve as the permanent member of the Ministry's assessment council for the basic design of national key projects;

c) Chair the assessment and submit to the Minister for approval of investment projects or economic-technical reports and approve adjustments and supplements to investment projects or economic-technical reports of groups A, B, and C assigned by the Ministry;

d) Chair the assessment and submit to the Minister for approval of bidding plans, tender documents, and tender results for consulting services for investment projects assigned by the Ministry.

7. Manage the implementation phase of construction investment projects:

a) Chair the assessment and submit to the Minister for approval of technical design and total budget estimates and approve adjustments and supplements to technical design and total budget estimates of projects where the Ministry is the main investor;

b) Assess and approve construction drawings and item budgets consistent with approved technical designs and total budget estimates for some projects where the Ministry is the main investor;

c) Chair the assessment and submit to the Minister for approval of bidding plans, tender results for consulting services, construction, and procurement of goods for projects assigned by the Ministry;

d) Chair the assessment and decide to approve: tender documents for projects up to group A (excluding projects delegated by the Ministry to investors); tender results for consultancy packages up to 3 billion VND; construction and procurement packages up to 10 billion VND according to approved bidding plans for projects managed by the Department;

đ) Chair the organization of assessment or technical agreement on agricultural construction investment projects up to group B (excluding upgrading and repairing water conservancy facilities, rural water supply and drainage, and dyke projects) within the scope of the Ministry's state management, as required by localities;

e) Organize inspections of construction management and quality control of construction projects assigned by the Ministry. In case of suspicion about the quality of construction projects, the Department requires the project owner to conduct quality testing in accordance with the law;

g) Organize specialized construction quality inspections in accordance with current regulations; compile and report on the situation of construction quality in the agricultural sector and propose measures when violations of construction quality are discovered;

h) Chair coordination with relevant functional agencies in state management of construction quality in the agricultural and rural development sector; prepare and submit to the Ministry semi-annual and annual reports on the situation of construction quality in the agricultural and rural development sector.

8. Manage the final phase of construction investment projects:

a) Participate in the State Acceptance Council for national key projects as assigned by the Minister. Serve as the permanent member of the Ministry's acceptance council for group A projects managed by the Ministry;

b) Coordinate with the Finance Department in assessing and submitting to the Minister or competent authority for approval of final accounts of completed construction projects assigned by the Ministry as prescribed;

c) Direct the establishment, submission, and storage of construction project files and documents in accordance with state regulations for projects assigned by the Ministry.

9. Direct the investigation, statistics, and management of databases related to agricultural construction projects, forestry, irrigation, aquaculture, salt industry, and rural development in accordance with regulations.

10. Regarding science and technology:

a) Propose to the Ministry programs, plans, and research topics in scientific research and application of technological progress and specialized techniques;

b) Chair the review of research outlines and topics; commission organizations and individuals to implement them; accept and manage the results, and direct the implementation of research and application of technological progress and techniques within the scope of management of the Bureau;

c) Manage information on science and technology in specialized fields;

d) Participate in drafting national standards and technical regulations within the scope of the Ministry's state management as assigned by the Minister.

11. Participate in trade promotion activities in specialized fields as assigned by the Minister.

12. Regarding international cooperation:

a) Draft and propose to the Ministry international cooperation programs and projects in specialized fields and areas under the Bureau's management;

b) Organize the implementation of international cooperation and funded international programs and projects according to the classification of the Minister.

13. Regarding administrative reform:

a) Draft and organize the implementation of the administrative reform plan according to the Ministry's plan and the direction of the Minister;

b) Direct the review, systematization, and proposal for building the institutional and legal system for industries and fields under the Bureau's management;

c) Direct the completion of functions, tasks, and authorities of subordinate organizations of the Bureau towards division and decentralization; propose to the Ministry the decentralization of state management tasks and fields to local governments;

d) Direct the implementation of regulations on self-management, self-responsibility for task execution, organizational structure, staffing, finance, and administrative procedure reform, innovative working methods, modernization of offices, and the application of information technology to serve the Bureau's activities.

14. Regarding state management of organizations providing public services in industries and fields under the Bureau's management:

a) Propose to the Ministry mechanisms, policies, and technical standards for public service provision; regarding the socialization of public service activities in industries and fields;

b) Issue economic-technical norms and timeframes for providing public services in industries and fields;

c) Guide, inspect, and support organizations providing public services in industries and fields in accordance with the law.

15. Regarding state management of the activities of associations and non-governmental organizations in industries and fields under the Bureau's management as assigned by the Minister:

a) Guide and create conditions for associations and non-governmental organizations to participate in activities in industries and fields under the Bureau's management; organize the collection of opinions and absorption of proposals and critiques from associations and non-governmental organizations to improve state management regulations in industries and fields;

b) Recommend measures to address violations of the law by associations and non-governmental organizations operating in industries and fields.

16. Regarding organizational structure, staffing, and civil servants and officials:

a) Draft proposals for the functions, tasks, authorities, and organizational structure of the Bureau; propose the establishment and restructuring of subordinate organizations of the Bureau;

b) Decide on the establishment of Bureau task forces; specify details about autonomous tasks, organizational charters, and operations for state-owned enterprises under the Bureau in accordance with regulations;

c) Propose to the Ministry annual staffing plans of the Bureau; decide on the allocation of administrative staffing for agencies under the Bureau;

d) Decide on sending civil servants, officials, and employees abroad for study and work according to the Ministry's personnel management classification;

đ) Define the authority and responsibility of heads of organizations under the Bureau;

e) Decide and implement specific measures to strengthen administrative discipline; organize the implementation of anti-corruption, thrift, and anti-bureaucracy, arrogance, and favoritism in units under the Bureau;

g) Organize the implementation of recruitment, employment, transfer, retirement, salary systems, rewards, and other systems for civil servants, officials, and employees under the Bureau's management according to laws and the Ministry's classification; provide professional training in specialized fields as assigned by the Minister;

h) Draft professional standards for civil servant and official positions in industries and fields as assigned by the Minister;

i) Report on the implementation of organizational and personnel work and staffing according to regulations.

17. Regarding inspection and supervision:

a) Guide and inspect the implementation of policies and laws in industries and fields under the Bureau's management according to regulations;

b) Resolve or participate in resolving complaints, reports, and suggestions from organizations and citizens related to industries and fields managed by the Bureau; organize citizen reception according to the law;

c) Inspect and supervise the implementation of decentralized management in industries and fields under the Bureau's management and recommend handling violations according to the law.

18. Regarding financial and asset management:

a) Propose to the Ministry annual budget estimates and medium-term budget plans of the Bureau;

b) Be responsible for finalizing budget funds directly managed by the Bureau; manage and be responsible for state assets allocated to the Bureau according to the Minister's classification and the law.

19. Perform other tasks as stipulated by specialized laws and the Minister's assignment and classification.

Article 3. Organizational Structure

1. Bureau Leadership:

The Bureau leadership consists of the Director and Deputy Directors appointed and relieved of duty by the Minister of Agriculture and Rural Development according to regulations.

The Director oversees the Bureau's operations, is accountable to the Minister of Agriculture and Rural Development for the Bureau's activities, and is accountable to the law.

Deputy Directors assist the Director in overseeing certain aspects of work as assigned by the Director, and are accountable to the Director and the law for assigned tasks.

2. Management Structure:

a) Investment Appraisal Department;

b) Construction Management and Quality Control Department;

c) System and Budget Department;

d) Planning and Consolidation Department;

đ) Bureau Office;

e) Permanent presence in Ho Chi Minh City.

2. Public service unit: Construction Quality Inspection Center.

The Director of the Construction Management Agency shall propose the reorganization plan for subordinate public service units to the Minister for decision and implementation.

The Director of the Construction Management Agency shall define the functions and duties of the management structure and subordinate units; appoint officials according to the classification of the Ministry; and issue the Operating Regulations of the Agency.

Article 4. Effective date

This Decision shall take effect fifteen days after its publication in the Official Gazette. Decree No. 95/2003/QĐ-BNN dated September 4, 2003, issued by the Minister of Agriculture and Rural Development regarding the functions, tasks, authorities, and organizational structure of the Construction Management Agency, and all previous regulations of the Ministry that conflict with this Decision are hereby repealed.

Article 5. Responsibilities for Implementation

The Director of the Construction Management Agency, the Head of the Ministry's Office, the Heads of Departments, the Directors of Agencies, the Inspector General of the Ministry, and the Heads of related agencies and units are responsible for implementing this Decision./.