Decision No. 37/2005/QĐ-BNN Regarding the Provision of Functions, Tasks, Authorities, and Organizational Structure of the Central Management Board for Irrigation Projects

Pursuant to …;

Regarding the Provision of Functions, Tasks, Authorities

 and Organizational Structure of the Central Management Board for Irrigation Projects

______________________

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Construction Law No. 16/2003/QH11 adopted by the National Assembly of the Socialist Republic of Vietnam on November 26, 2003.

Pursuant to the Government Decree No. 86/2003/NĐ-CP dated July 18, 2003 stipulating functions, tasks, authorities, and organizational structure of the Ministry of Agriculture and Rural Development.

Pursuant to the Government Decrees 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. 209/2004/NĐ-CP dated December 16, 2004 on quality management of construction projects, and No. 17/2001/NĐ-CP dated May 4, 2001 attached to the Regulation on Management and Utilization of Official Development Assistance (ODA).

At the proposal of the Director of the Cadre and Civil Servant Department,

Pursuant to …;

Article 1. Position and Functions

The Central Management Board for Irrigation Projects is an agency under the Ministry of Agriculture and Rural Development authorized by the Minister to act as the Principal Investor of irrigation projects funded by ODA and other sources, to manage, coordinate, and implement projects in accordance with national regulations and international agreements: specifically, ODA agreements signed between the Government of Vietnam and international financiers.

The Central Management Board for Irrigation Projects is an economic public institution with legal personality, entitled to use its own seal, open accounts at the State Treasury or State Bank, and responsible for receiving funds from funding agencies to pay contractors and organizations involved in construction activities according to current national regulations and signed agreements. Operating costs of the Central Management Board for Irrigation Projects are included in the investment budget of each project according to current regulations.

Full English name for transactions:

Central Office for Water Resources Projects Commonly used name: Central Project Office, abbreviated as CPO

Address of CPO: No. 23 Hang Tre Street, Hoan Kiem District, Hanoi 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;

The Central Management Board for Irrigation Projects is responsible for performing certain tasks specified as follows:

1. Serve as the liaison with the Asian Development Bank, World Bank, and other international financial institutions to handle procedures and organize the implementation of irrigation projects according to specific ODA agreements signed between the Government of Vietnam and these organizations in compliance with the Construction Law and current national regulations.

2. Coordinate with Component Project Management Boards (Sub-project Management Boards) in their relations with People's Committees of provinces and centrally-administered cities to resolve specific issues of each project.

Depending on the scale, nature, complexity of each project, and the capacity of Component Project Management Boards, the Ministry will issue separate decisions to assign management and implementation tasks to these boards after they meet the requirements.

3. Aggregate annual and periodic investment capital plans and adjust them for projects based on the investment capital of each component project and the overall implementation plan in accordance with national regulations and signed agreements, submit to the Ministry for approval, and direct Component Project Management Boards to implement after approval. 4. Fulfill the responsibilities of the Principal Investor and the main tenderer, coordinating with Component Project Management Boards to organize international tenders (or selection processes) for consultancy, procurement of goods, construction works... of the project (excluding the approval of tender plans, shortlists of contractors, and tender results according to the tendering regulations of the state and signed agreements), selecting contractors according to the tendering regulations and being responsible for the selection process and legal decisions made. Negotiate, sign, and supervise the implementation of contracts with international contractors (with the participation of Component Project Management Boards) after the lender's approval and the Minister's approval of the tender results; manage the implementation and termination of contracts or delegate to Component Project Management Boards with sufficient capacity (as stipulated in Clause 2 of this Article) to sign and manage the implementation of contracts; For international construction and installation tenders, delegate to Component Project Management Boards to sign and manage the implementation of contracts after the lender's approval and the competent authority's approval of the tender results of these packages.

Domestic consultancy, construction, and procurement tenders are organized by Component Project Management Boards according to current national regulations and signed agreements. For complex tenders not within the scope of management of a single board, CPO is responsible for organizing tenders and delegating to Component Project Management Boards to sign and manage the implementation of contracts according to regulations. 5. Implement technical assistance projects, participate in training and upgrading the capacity of Component Project Management Board staff on compensation, resettlement, environment, tendering, quality management, financial management, contract implementation management, and operation management of completed facilities according to specific ODA agreements signed and current national regulations.

6. Coordinate with relevant departments of the Ministry to guide and inspect Component Project Management Boards' tender documentation for domestic consultancy, procurement, construction... tenders according to the tendering regulations of the state and signed agreements, and jointly submit to the Ministry for approval.

Guide and inspect Component Project Management Boards' project management and implementation according to current national regulations and signed agreements.

7. Coordinate with the Investment Preparation Board and Component Project Management Boards during the preparation of investment reports, project proposals,

basic design, and monitor, supervise, and inspect the implementation process by survey and construction contractors in preparing technical designs - preliminary estimates, technical designs - construction, and jointly submit to the Ministry for approval.

8. Perform financial management tasks of the Principal Investor: 8.1. Establish accounting machinery to carry out accounting work in accordance with the Accounting Law and current national regulations.

8. Perform the financial management tasks of the Investor:

8.1. Organize the accounting apparatus to carry out accounting work in accordance with the Accounting Law and current state regulations.

8.2. Manage the special account and advance payment account of the project at commercial banks in Vietnam in accordance with the provisions of the Agreement.

8.3. Manage the entire loan capital of the project; settle the loan portion for the project's activities based on the proposal of the component project management boards with confirmation from the local treasury in compliance with state regulations and those of the lender.

8.4. Disburse the entire loan capital of the project in accordance with the regime and regulations of the state, the Asian Development Bank, the World Bank, and other lending financial organizations.

8.5. Manage and settle the counterpart capital and other sources of funds (if any) that the Central Project Management Board is assigned to manage and implement by the Ministry.

8.6. Do not issue values for quantities that do not meet the technical requirements set forth by the Investor., do not ensure technical quality or unreasonable additional quantities according to the recommendations of the component project management boards.

8.7 Aggregate annual settlement and report on the final settlement of the entire project based on the settlements of each component project by the component project management boards and other units assigned to manage and implement the component projects in accordance with state regulations.

9. Implement periodic and ad hoc reports based on the reports of the component project management boards (monthly, quarterly, six-monthly, annually, overall, and progress of the entire project) as required by the Ministry, competent state agencies, and international financial organizations when the Ministry decides.

10. Aggregate all adjustments arising during the implementation of the project and report to the sponsor before the Ministry makes a decision.

11. Suspend or terminate contracts with contractors in accordance with the provisions of the law.

12. Be authorized by the Minister to act as the Investor for water conservancy projects under the tasks of the Ministry funded by foreign aid from the Government of Vietnam in accordance with current state regulations and agreements already signed; depending on the scale of each aid project, the Ministry will issue a decision to organize and assign tasks separately.

13. Manage the organizational structure, staffing, and assets of the CPO in accordance with regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for officials and employees within the scope of CPO's management.

14. Coordinate with the International Cooperation Department to ensure the implementation of signed Agreements, legal documents between the Ministry and sponsors; the Regulation on the management and use of foreign assistance in agriculture and rural development issued together with Decision No. 45/2004/QĐ-BNN dated September 30, 2004 of the Ministry of Agriculture and Rural Development. Supplement

Article 3. Organizational Structure

The leadership of the CPO includes the Director, Deputy Directors, and supporting departments (specialized and functional departments and the Project Management Office).

1. Leadership of the CPO:

The Director and Deputy Directors of the CPO are appointed and relieved of their positions by the Minister of Agriculture and Rural Development in accordance with current regulations.

The Director of the CPO manages and oversees all activities of the CPO, is responsible to the Minister of Agriculture and Rural Development, and is accountable under the law for all activities of the CPO.

The Deputy Director assists the Director in implementing specific tasks assigned by the Director, is responsible to the Director and the law for the execution of the assigned tasks and delegated authority.

2. Management structure of the CPO specialized and functional departments:

2.1. Organization - Administrative Department

2.2. Planning - Statistics Department

2.3. Finance - Accounting Department

2.4. Technical - Environment, Resettlement Department.

Heads and deputies of specialized and functional departments are appointed in accordance with current regulations; officials and employees recruited to work at the CPO are classified and graded according to current state regulations under the Civil Servant Law.

3. Project Management Office: (in English, Project Management Office (PMO) or Project Management Unit (PMU), established when the project is formed and dissolved upon completion of the project, managed by a Project Manager and staffed by personnel transferred from specialized and functional departments to oversee and assist, these personnel are subject to the direction of the Project Manager during the project management process.

Project Manager: Appointed by the Minister of Agriculture and Rural Development upon the recommendation of the CPO Director, assists the Director and is fully responsible to the Director and the law for the execution of assigned tasks, has the authority to sign and stamp transaction documents related to the project.

Article 4. Effective date

This Decision takes effect fifteen days from the date of publication in the Official Gazette; it replaces Decision No. 123/2000/BNN-TCCB dated November 27, 2000 of the Minister of Agriculture and Rural Development regarding the functions, duties, powers, and organization of the CPO; and abolishes previous regulations of the Ministry that conflict with this Decision.

Article 5. Responsibilities for Implementation

The Director of the Central Project Management Board for Water Conservancy Projects is responsible for drafting the operational rules of the CPO to be submitted to the Ministry for issuance after this Decision takes effect.

Competent agencies of the Ministry are responsible for managing, guiding, and inspecting the activities of the CPO in accordance with their functions.

The Chief of the General Office, Heads of the Cadre and Civil Service Department, Heads of the International Cooperation Department, Heads of relevant agencies and units under the Ministry, and the Director of the Central Project Management Board for Water Conservancy Projects are responsible for implementing this Decision./.