Decision No. 44/2007/QD-BNN Establishing the Investment and Construction Water Resources Management Board 7 under the Ministry of Agriculture and Rural Development

DECISION

Establishing the Investment and Construction Management Board for Water Resources 7 underthe Ministry of Agriculture and Rural Development

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||| MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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

Pursuant to Decrees of the Government No. 08/2005/NĐ-CP dated January 24, 2005 on urban planning, No. 16/2005/NĐ-CP dated February 7, 2005 on project management for investment construction works, and Decree No. 112/2006/NĐ-CP dated September 29, 2006 amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP, and Decree No. 209/2004/NĐ-CP dated December 16, 2004 on quality management of construction works;

Pursuant to Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government stipulating procedures and formalities for establishing, restructuring, and dissolving administrative organizations and state-run public service organizations;

Based on the proposal of the Director of the Construction Management Department and the Head of the Cadre and Civil Servant Organization Department.

DECISION:

Article 1. Position and Functions

Establishing the Investment and Construction Management Board for Water Resources 7 under the Ministry of Agriculture and Rural Development based on the merger of the Project Management Board for Water Resources 414, the Project Management Board for Water Resources 415, and reorganization.

The Investment and Construction Management Board for Water Resources 7 shall be responsible for managing and utilizing state capital and other sources of capital (if any) to invest in constructing water resources projects (including water resources projects and dyke projects) in accordance with current laws on investment and construction management. The Investment and Construction Management Board for Water Resources 7 is a public economic entity with legal personality, its own seal, and an account opened at a bank or state treasury for its operations in accordance with the law.

The Investment and Construction Management Board for Water Resources 7 shall be responsible for directly receiving funds from the funding agency to manage and organize the implementation of projects from the investment preparation stage through execution to completion and commissioning according to the direct investor's management model as prescribed by law. The operating costs of the Investment and Construction Management Board for Water Resources 7 shall be included in the investment budget of each project in accordance with current regulations.

The main office of the Investment and Construction Management Board for Water Resources 7 is located in Nha Trang City, Khanh Hoa Province (the office of the Project Management Board for Water Resources 414), and the second office is located in Phan Thiet City, Binh Thuan Province (the office of the Project Management Board for Water Resources 415).

Article 2. Tasks and Powers for Projects where the Minister of Agriculture and Rural Development is the Investment Decision-Maker

The Investment and Construction Management Board for Water Resources 7 shall perform the tasks and powers of the investor for water resources construction projects in the four provinces of Binh Thuan, Ninh Thuan, Khanh Hoa, and Phu Yen, where the Minister of Agriculture and Rural Development is the investment decision-maker. Specifically, the tasks are as follows:

1. Preparing Investment Construction Projects:

- Implementing the tasks and powers set forth in Article 41 of the Construction Law; Articles 5, 6, 12 (excluding Clause 1 and Clause 4) and Article 13 (excluding Clause 1) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clauses 3, 4, 7, and 8 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

2. Managing Investment Construction Projects:

- Implementing the tasks and powers set forth in Article 45 (excluding Point a of Clause 2) of the Construction Law; Points 2 of Clause 11 and Clause 12 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

3. Selecting Contractors in Construction Activities:

- Implementing the tasks and powers set forth in Articles 9, 25, 32, 33, Clause 2 of Article 34, Articles 35, 36, 61, 62, and 63 of the Public Procurement Law; Article 104 of the Construction Law.

4. Surveying and Designing Construction Works:

- Implementing the tasks and powers set forth in Article 50 of the Construction Law (excluding Point a of Clause 1); Articles 6, 7, 8, 9, and 11 (Point b of Clause 1) of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government.

5. Designing Construction Works:

- Implementing the tasks and powers set forth in Article 57 of the Construction Law (excluding Point a of Clause 1); Articles 13, 14, 16, and 17 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government; Articles 16 and 17 (Clauses 2, 3, and 4) of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clause 9 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government.

6. Constructing Works:

- Implementing the tasks and powers set forth in Articles 68, 72, and 75 (excluding Point a of Clause 1) of the Construction Law; Clauses 1 and 3 of Article 18 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government; Articles 30, 31, 32, Clause 3 of Article 33, and Clause 3 of Article 34 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government;

7. Supervising Construction Works:

- Implementing the tasks and powers set forth in Articles 87, 88, and 89 of the Construction Law; Article 21 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

8. Acceptance and Handover of Completed Construction Works:

- Implementing the tasks and powers set forth in Article 80 of the Construction Law; Articles 23, 24, 25, 26, Clause 3 of Article 27, Article 30, and Article 35 of Decree No. 209/2004/NĐ-CP dated December 16, 2004 of the Government;

9. Payment and Settlement in Construction Activities:

- Implementing the tasks and powers set forth in Clauses 2 and 3 of Article 81 of the Construction Law; Article 42 of Decree No. 16/2005/NĐ-CP dated February 7, 2005 of the Government; Clause 14 of Article 1 of Decree No. 112/2006/NĐ-CP dated September 29, 2006 of the Government;

10. Other Related Construction Activities:

- Proposing units that will manage and use the works after completion to assign personnel to participate in investment and construction management of the works and take over management and use upon completion, subject to approval by the investment decision-maker;

- Cooperating with local authorities within the project area to resolve specific issues of each project;

- Depending on the scale, nature, and time requirements of the project, the Investment and Construction Management Board for Water Resources 7 may enter into contracts with one or more main contractors. Main contractors may subcontract work to one or more sub-contractors but must obtain the approval of the Investment and Construction Management Board for Water Resources 7 in the contract signed with the investor and comply with the provisions of the law on public procurement.

- Fulfill all other rights and obligations of the investor as stipulated in the Construction Law, the Bidding Law, Decrees No. 16/2005/NĐ-CP dated February 7, 2005 of the Government on project management for construction investment projects, No. 112/2006/NĐ-CP dated September 29, 2006 of the Government amending and supplementing certain articles of Decree No. 16/2005/NĐ-CP, No. 111/2006/NĐ-CP dated September 29, 2006 of the Government guiding the implementation of the Bidding Law and the selection of construction contractors under the Construction Law, No. 209/2004/NĐ-CP dated December 16, 2004 of the Government on construction quality management, and other relevant legal provisions.

11. Manage the organization, staffing, and assets of the Board in accordance with regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for officials and employees within the Board's jurisdiction.

12. Perform other tasks assigned by the Minister.

Article 3. Tasks and authorities regarding projects funded by Official Development Assistance (ODA) and projects where the Minister of Agriculture and Rural Development is the investor.

1. The Investment and Construction Management Board No. 7 has the responsibility to coordinate with the Central Project Management Board for Water Resources (CPO) to manage and organize the implementation of water resources construction investment projects funded by ODA in accordance with current laws on investment and construction management and agreements signed between the Socialist Republic of Vietnam and international sponsors and specific international treaties on ODA.

2. Depending on the scale, nature, and complexity of each water resources construction investment project funded by ODA or projects where the Minister of Agriculture and Rural Development is designated as the investor by the Prime Minister, the Ministry will decide to establish separate bodies to assign the Board the role of the Component Project Management Board (Sub-project Management Board), some or all of the investor's responsibilities as stipulated by current laws on investment and construction management, agreements signed between the Socialist Republic of Vietnam and international sponsors, and specific international treaties on ODA.

Article 4. Organizational Structure

1. Leadership of the Board:

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

The Director of the Investment and Construction Management Board No. 7 manages and oversees all activities of the Board, bearing full responsibility before the Minister of Agriculture and Rural Development and the law for all activities of the Board;

Deputy Directors assist the Director in performing specific tasks assigned by the Director, bearing responsibility before the Director and the law for the execution of assigned tasks and delegated authority;

2. Staff assisting the Director:

- Organization and Administrative Department;

- Planning and Finance Department;

- Technical Review and Budget Department;

- Construction Management Department.

3. Project Management Board:

The Project Management Board is established when the investment project is approved and dissolved upon completion of the construction project. The Project Management Board has a Head and one Deputy Head. The Project Management Board performs tasks and authorities delegated by the Director of the Investment and Construction Management Board No. 7. The Head of the Project Management Board bears responsibility before the Director of the Investment and Construction Management Board No. 7 and the law according to the assigned tasks and delegated authority.

Heads and Deputy Heads of specialized departments, Project Management Board Heads and Deputy Heads, and Chief Accountants are appointed in accordance with current regulations; officials and employees recruited to work at the Board based on job requirements and regulations of the Civil Servant Ordinance are classified and paid salaries according to current state regulations.

Article 5. Effective Date

This Decision takes effect fifteen days from the date of publication in the Official Gazette; it replaces Decision No. 3906/QĐ/BNN-TCCB dated November 8, 2004 of the Minister of Agriculture and Rural Development on the functions, tasks, authorities, and organizational structure of Water Resources Project Management Boards, Clause 4 of Decision No. 39/2006/QĐ-BNN dated May 19, 2006 of the Minister of Agriculture and Rural Development amending and supplementing certain articles in the Decisions of the Ministry on the functions, tasks, authorities, and organizational structures of the Construction Management Bureau; the Dike and Flood Control Bureau; the Central Project Management Board for Water Resources; and the Water Resources Project Management Boards directly under the Ministry; it abolishes previous regulations of the Ministry of Agriculture and Rural Development that conflict with this Decision.

Article 6. Responsibility for Implementation

1. The Directors of Project Management Board No. 414 and Project Management Board No. 415 are responsible for transferring the original status of Project Management Board No. 414 and Project Management Board No. 415 to the Director of the Investment and Construction Management Board No. 7 from the date this Decision takes effect. The Director of the Investment and Construction Management Board No. 7 is responsible for receiving, managing, directing, and establishing the organizational charter and operations of the Investment and Construction Management Board No. 7 to be submitted to the Minister for approval, while working with competent state agencies to complete procedures for operation in accordance with the law.

2. Functional agencies of the Ministry are responsible for managing, guiding, and inspecting the activities of the Investment and Construction Management Board No. 7 in accordance with their functions.

The Heads of the Office, the Departments of Cadre and Civil Service, the Construction Management Bureau, the Water Resources Bureau, the Dike and Flood Control Bureau, the Heads of related agencies and units under the Ministry, and the Director of the Investment and Construction Management Board No. 7 are responsible for implementing this Decision./.