Decision No. 39/2006/QD-BNN amends and supplements certain provisions in the Decisions of the Minister of Agriculture and Rural Development regarding the functions, tasks, powers, and organizational structure of the Construction Management Agency; the Dike Management and Flood Prevention Agency; the Central Project Management Board for Water Resources Projects; and the Water Resources Project Management Boards under the Ministry.

Pursuant to …;

Amending and supplementing some articles in the Decisions of the Minister of Agriculture and Rural Development on functions, tasks, powers, and organizational structure of the Construction Management Department; the Dike Management and Flood and Storm Prevention Department; the Central Project Management Board for Water Resources; and the Water Resources Project Management Boards directly under the Ministry.

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

Pursuant to the Government's Decree No. 16/2005/NĐ-CP dated February 7, 2005, on project management for investment construction works and Circular No. 18/2006/TT-BNN dated March 20, 2006, guiding certain contents for implementing the Government's Decree No. 16/2005/NĐ-CP dated February 7, 2005, on managing projects for investment construction works (funded by state budget) under the Ministry's jurisdiction;

At the proposal of the heads of relevant units and the Director of the Personnel Organization Department.

Amending and supplementing some articles of Decision No. 95/2003/QĐ-BNN dated September 4, 2003, of the Minister of Agriculture and Rural Development on functions, tasks, powers, and organizational structure of the Construction Management Department as follows:

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

1. Amending and supplementing Clause 5 of Article 2 as follows:

"5. On investment construction work management:

- Submitting programs and projects for basic construction to the Ministry; participating in building the capital investment plan for basic construction of the sector;

Pursuant to …;

Article 1. - Taking the lead in reviewing proposals and projects for agricultural, forestry, salt industry, water resources, and rural development construction works according to the division of labor by the Minister;

- Taking the lead and coordinating with the Planning Department in reviewing and submitting to the Minister for decision-making on investment projects according to the division of labor by the Minister;

- Participating in reviewing bidding and selecting consulting services for investment preparation; confirming conditions and professional capacity in water resources, agriculture, forestry, salt industry, and rural development construction works;

- Taking the lead in drafting and submitting to the Minister for promulgation guidance documents for organizations and individuals to implement legal regulations on construction quality management for specialized construction works managed by the Ministry throughout the country;

- Taking the lead and coordinating with specialized construction management departments of the Ministry and related units in guiding localities to improve and consolidate project management models for specialized agricultural and rural development construction works;

- Reviewing and submitting to the Minister for approval technical design and total estimates of projects for construction works decided upon by the Government and group A projects decided upon by the Minister;

- Approving construction drawings and estimates of individual project components consistent with approved technical designs and total estimates, as assigned by the Minister;

- Reviewing bidding and selecting consulting services in implementation of investments; reviewing bidding for construction and installation and participating in reviewing bidding for goods procurement in assigned projects;

- Organizing quality inspections of construction works within the Ministry’s jurisdiction;

- Having the authority to temporarily suspend or report to the Ministry for handling contractors who fail to meet deadlines or quality standards that may cause accidents or construction works not in accordance with approved designs as prescribed by law;

- Being responsible for monitoring, inspecting, and urging progress in investment implementation;

- Cooperating with the Ministry's Inspectorate in inspecting, supervising, and handling violations in investment management and construction quality within the Ministry’s jurisdiction;

- Serving as the permanent member of the Ministry-level and State-level Completion Inspection Committees for sector projects as assigned by the Minister;

- Cooperating with the Finance Department in reviewing and submitting to the Minister or competent authority for approval final accounts of completed construction projects;

- Managing and directing the establishment, submission, and storage of construction project documentation in accordance with state regulations;

- Issuing and revoking certificates related to specialized activities as assigned by the Minister;"

2. Amending and supplementing Clause 3 of Article 3 (Organizational Structure) as follows:

"3. Subordinate units:

- The Construction Quality Inspection Center;

- Other units subordinate to the Department established and operating according to the Minister's Decision;

- The Director of the Construction Management Department shall define the functions and tasks of subordinate departments and units;"

Amending and supplementing some tasks in Decision No. 94/2003/QĐ-BNN dated September 4, 2003, of the Minister of Agriculture and Rural Development on functions, tasks, powers, and organizational structure of the Dike Management and Flood and Storm Prevention Department as follows:

Amending and supplementing Point a of Clause 5 as follows:

"a) On dike management:

- Building basic investigation projects and dike development plans;

Article 2. - Taking the lead in reviewing basic investigation projects and dike development plans assigned by the Minister;

- Managing the implementation of basic investigation projects and dike development plans after approval;
- Taking the lead in reviewing regular maintenance, repair, and upgrade projects for dike works;

- Reviewing and agreeing on technical solutions for projects involving dike works in areas managed by two or more provinces;

- Directing technical solutions for dike-related incidents;

- Inspecting, supervising, and handling violations concerning dikes within their authority;

- Coordinating with relevant sectors, organizations, the Water Resources Bureau, and localities to promptly propose measures to prevent, handle, and mitigate consequences of dike-related incidents."

Amending and supplementing some Articles in Decision No. 37/2005/QĐ-BNN dated July 4, 2005, of the Minister of Agriculture and Rural Development on the Functions, Tasks, Powers, and Organizational Structure of the Central Project Management Board for Water Resources (CPO) as follows:

1. Amending and supplementing Clause 6 of Article 2 as follows:

"6. Cooperating with relevant agencies of the Ministry to guide and inspect the Project Management Boards of component projects in implementing projects according to current state regulations and signed agreements."

- Coordinate with relevant sectors, organizations, the Water Resources Agency, and localities to promptly propose measures for prevention, handling, and mitigation of consequences of dike and waterworks emergencies.

Article 3. Amend and supplement some Articles in Decision No. 37/2005/QĐ-BNN dated July 4, 2005, of the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Central Management Board of the Water Resources Project (CPO) as follows:

1. Amend and supplement Clause 6 of Article 2 as follows:

"6. Coordinate with functional agencies of the Ministry to guide and inspect the implementation of projects by project management boards according to current State regulations and signed agreements."

2. Amend and supplement Clause 2 of Article 3 (Organizational Structure) as follows:

"2. The management machinery of the CPO (specialized departments):

2.1 Department of Organization - Administration;

2.2 Department of Planning - Statistics;

2.3 Department of Finance - Accounting;

2.4 Department of Appraisal and Budget Regime;

2.5 Department of Resettlement - Environment;"

3. Supplement Clause 15 following Clause 14 of Article 2 as follows:

"15. Tasks:

- Be assigned by the Minister to take the lead and coordinate with the Project Management Units to perform tasks under Articles 41, 50 (excluding Point a, Clause 1 and Point a, Clause 2), 57 (excluding Point a, Clause 1), 68, 75 (excluding Point a, Clause 1 and Point g, Clause 2), Clause 2 of Article 59, Article 89, and Article 104 of the Construction Law;

- Coordinate with the Project Management Units and related units to perform tasks under Articles 4, 5, 7, 8, 9, 12 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government, Article 80 of the Construction Law.

- Coordinate with the Project Management Units to perform tasks under Articles 13, 16, 17, 36 of Decree No. 16/2005 dated February 7, 2005 of the Government;

- Take the lead and coordinate with the Project Management Unit to submit to the competent authority for approval of the final settlement of the entire project in accordance with the provisions of the law;"

1. Amend and supplement Article 1 (Position and Function) as follows:

"The Irrigation Project Management Unit is a subordinate agency of the Ministry of Agriculture and Rural Development responsible for directly managing and using state funds and other sources of funds (if any) to prepare investment reports (excluding Group A projects and Projects funded by ODA) and implement construction projects according to the direct investor's project management model as prescribed by law.

The Irrigation Project Management Unit is a public economic entity with legal personality; it has its own bank account and seal; it has its office in the area; it receives direct investment capital from the funding agency to pay consulting organizations, suppliers of goods, and contractors according to current regulations. Salaries and operating costs of the Unit are deducted from the investment budget of each project as stipulated by the State.

The Irrigation Project Management Unit is subject to specialized state management by the Construction Project Management Agency pursuant to the delegation of the Minister of Agriculture and Rural Development;"

2. Supplement Clause 14 following Clause 13 of Article 2 as follows:

"14.1 For Group B and C projects managed by the Minister of Agriculture and Rural Development as the investment decision-making authority:

- Implement Circular No. 18/2006/TT-BNN dated March 20, 2006 of the Ministry of Agriculture and Rural Development guiding certain contents of implementing Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on the management of construction investment projects (using state budget funds) managed by the Ministry of Agriculture and Rural Development (excluding Point a, Clause 1 and Point a, Clause 2 of Article 50, Point a, Clause 1 of Article 57, Point a, Clause 1 and Point g, Clause 2 of Article 75 of the Construction Law);

14.2 For projects funded by the state budget managed by the Government as the investment decision-making authority and Group A projects managed by the Minister as the investment decision-making authority:

- Perform tasks at Points c, d, đ Clause 1 and Clauses 2, 3, 4, 5 of Article 36, Article 17 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Article 68, Article 80, and Clause 3 of Article 87 of the Construction Law;

- Prepare the Ministry to approve the bidding plan, tender documents, tendering documents, bidding results, and organize implementation after the Minister's approval;

- Approve construction design and item estimates consistent with technical designs and total estimates already approved for projects managed by the Minister as the investment decision-making authority (excluding projects applying new construction technology);

- Perform Clause 1 and Clause 5 of Article 43 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government and Clause 2 of Article 81 of the Construction Law;

- Depending on the specific characteristics of each project, the Investor (Minister) may delegate part or all of his duties and powers to the Project Management Unit;

14.3 For projects funded by Official Development Assistance (ODA) where the Central Irrigation Project Management Unit is delegated by the Minister to act as the Investor:

- Perform tasks at Point 14.2 of this clause excluding international bidding and inter-agency bidding;

- Manage and organize the implementation of international and inter-agency packages (in cases where a Vietnamese contractor wins the bid or acts as the chief engineer for packages won by an international contractor) organized by the Central Irrigation Project Management Unit after the Ministry approves the bidding results;

- Coordinate with the Central Irrigation Project Management Unit and related units in preparing investment reports and investment projects under Articles 4, 5, 7, 8, 9, 12 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government;

- Approve construction design and item estimates consistent with technical designs and total estimates already approved by the competent authority for sub-projects assigned (excluding projects applying new construction technology);

- Inspect and hand over completed construction works for operation and use and settle accounts for sub-projects assigned in accordance with the law;"

Article 5. This Decision shall take effect fifteen days after its publication in the Official Gazette; previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Decision are hereby abolished.

Article 6. The Director of the Office, Heads of the Cadre and Civil Service Department, Directors of the Construction Project Management Agency, Directors of the Irrigation Agency, Directors of the Dike Management and Flood Prevention Agency, Directors of the Central Irrigation Project Management Unit, Directors of Irrigation Project Management Units, Heads of units under the Ministry are responsible for implementing this Decision./.