Decision No. 34/2008/QD-BGTVT on the functions, tasks, powers, and organizational structure of the Construction Management and Traffic Works Quality Control Department

Pursuant to …;

Article 1. The functions, tasks, powers, and organizational structure of the Construction Management and Traffic Project Quality Control Bureau are prescribed.

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MINISTER OF TRANSPORT

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Director of the Construction Management and Traffic Project Quality Control Bureau and the Head of the Cadre and Civil Servant Organization Department,

DECISION:

Article 1. Position and Functions

The Construction Management and Traffic Project Quality Control Bureau is an organization under the Ministry of Transport, performing the function of state management over construction management and quality control for traffic construction projects managed by the Ministry of Transport; state management over the quality of construction works of traffic infrastructure nationwide.

The Construction Management and Traffic Project Quality Control Bureau has legal personality, possesses a seal, receives funding from the state budget, is allowed to open an account at the State Treasury, and its headquarters is located in Hanoi City.

The name in English: TRANSPORT ENGINEERING CONSTRUCTION AND QUALITY MANAGEMENT BUREAU, abbreviated as TCQM.

Article 2. Tasks and Powers

1. To draft for the Minister to issue within his/her authority or submit to competent state agencies for issuance legal regulations and related provisions concerning the implementation phase of investment, construction quality management of traffic projects; organize and inspect the implementation of these documents after their issuance.

2. To participate in drafting laws, ordinances, legal regulations, strategies, plans, and other relevant documents according to the assignment of the Minister.

3. To take the lead in submitting to the Minister for approval and issuance economic and technical norms related to the establishment of unit prices and project estimates for traffic construction projects within the jurisdiction of the Ministry of Transport.

4. To participate with the Planning and Investment Department to review and submit to the Minister for approval or for the Minister to submit to the Prime Minister for approval adjustments to investment projects.

5. To organize reviews and submit to the Minister for approval or approval of technical design and design modifications, construction drawings, and project estimates for works and sub-works of projects where the Ministry is the main investor; to review designs and estimates for complex and special works of other investors according to tasks assigned by the Minister.

6. To review and submit to the Minister for decision on approving tendering contents for investment projects decided by the Ministry or by the Prime Minister and delegated to the Ministry for approval of tendering plans for projects; manage tendering activities in accordance with the law; serve as the permanent advisory team for reviewing tenders at the Ministry level for investment projects funded by all sources under the management of the Ministry of Transport as stipulated by the Ministry.

7. To take the lead in advising the Minister on tendering activities, selecting contractors for project insurance, and resolving issues related to project insurance during the investment process (excluding the planning phase of tendering); guide and inspect subordinate units of the Ministry in implementing state regulations in the field of project insurance.

8. To compile, monitor, and propose solutions to issues related to land clearance for traffic construction projects; advise the Ministry on coordinating with localities to resolve issues or report to the Prime Minister to resolve issues beyond the scope of authority.

9. To take the lead in organizing and implementing monitoring, inspection, compilation, evaluation, and regular reporting on the implementation of investment construction and quality management of projects; to review and submit to the Ministry for decision on construction and quality-related matters during the investment process according to the current classification and regulations.

10. To take the lead in handling incidents and issues arising during the implementation of investment construction, submitting to the Minister for decision or deciding according to the classification; to take the lead in resolving disputes regarding construction quality of projects according to the law; to propose quality inspection and re-inspection work when necessary.

11. To take the lead in conducting regular or spot inspections of investment construction projects of investors upon request of the Minister and according to the Bureau's plan; to coordinate in inspection, complaint resolution, anti-corruption efforts, and handling violations in investment construction and traffic project quality management; to utilize funds allocated for project management costs as stipulated by the Minister to carry out inspection activities and work at the site.

12. To take the lead in drafting and guiding the organizational structure and quality management system of entities involved in traffic construction investment.

13. To guide investors in the acceptance and handover procedures according to investment and construction management regulations.

14. To review and submit to the Ministry for decision on putting projects into operation and use according to current regulations and classifications.

15. To decide on temporarily suspending or submit to the Minister for decision to suspend construction of traffic projects when there is a risk of serious accidents or severe breaches of construction quality standards.

16. To organize research and application of scientific and technological advancements in construction management and traffic project quality management.

17. To implement international cooperation activities in construction management, traffic project quality management, and other areas within its jurisdiction.

18. To develop and implement administrative reform programs of the Bureau in accordance with national administrative reform objectives and content and those of the Ministry of Transport.

19. To develop and submit to the Minister of Transport for approval organizational structures and staffing plans of the Bureau suitable for assigned tasks at each period; to manage organizational structures and staffing provided; to implement salary systems and policies for civil servants, public officials, and employees under its management; to implement training and capacity building for the civil servant, public official, and employee workforce of the Bureau.

20. Financial management, assets entrusted, and budget implementation organizations shall be carried out in accordance with the regulations.

21. Perform other tasks assigned by the Minister.

Article 3. Organizational Structure

1. Organizations assisting the Director of the Bureau

a) Legal Affairs and Bidding Department;

b) Appraisal - Price - Norms 1 Department;

c) Appraisal - Price - Norms 2 Department;

d) Project Implementation Management 1 Department;

đ) Project Implementation Management 2 Department;

e) Consolidation Department;

g) Office.

2. Construction Management and Traffic Works Quality Control Branch in Ho Chi Minh City.

Article 4. Leadership of the Bureau

1. The Construction Management and Traffic Works Quality Control Bureau has a Director who is the head, responsible to the Minister of Transport and to the law for all activities of the Construction Management and Traffic Works Quality Control Bureau; assisting the Director are Deputy Directors, responsible to the Director and to the law for the tasks assigned by the Director.

2. The Director of the Construction Management and Traffic Works Quality Control Bureau is appointed and relieved from duty by the Minister of Transport.

3. Deputy Directors of the Construction Management and Traffic Works Quality Control Bureau are appointed and relieved from duty by the Minister of Transport upon the recommendation of the Director of the Construction Management and Traffic Works Quality Control Bureau.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect fifteen days after its publication in the Official Gazette; it abolishes Decisions No. 2558/2003/QĐ-BGTVT dated August 29, 2003 of the Minister of Transport on the functions, tasks, powers, and organizational structure of the Inspection and Traffic Works Quality Control Bureau, Decision No. 744/QĐ-BGTVT dated April 6, 2007 of the Minister of Transport adjusting and supplementing the tasks and powers of the Inspection and Traffic Works Quality Control Bureau, and previous provisions that conflict with this Decision.

2. The Heads of the Office, Inspectorate, Departments, Directors of the Construction Management and Traffic Works Quality Control Bureau, and Heads of agencies and units under the Ministry are responsible for implementing this Decision./.