Decision No. 896/QD-TTCP On the issuance of Regulations on functions, tasks, powers, and organization and operation of the Management Board of Investment Construction Projects under the Government Inspectorate

Pursuant to …;
Regarding the issuance of the Provision on functions, tasks, powers, and organization and operation
activities of the Board of Investment Construction Projects
under the Government Inspectorate

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 GOVERNMENT INSPECTOR GENERAL

Pursuant to the Construction Law on November 26,2003 and Decree No. 12/2009/NĐ-CP dated February 10, 2009 of the Government on project management;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Based on Decree No. 83/2012/NĐ-CP dated October 9, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of the Government Inspectorate;

Considering the proposal of the Organization and Cadres Department Director and the Investment Construction Project Management Board Director under the Government Inspectorate,

DECISION:

Clause 4 of Article 6hereby promulgates with this Decision the "Regulations on the Functions, Tasks, Authorities, and Organization and Activities of the Board of Investment Construction Projects under the Government Inspectorate."

Article 2. This Decision takes effect from the date of signature. All previous documents that conflict with this Decision are abolished.

Article 3. The Office Director, the Organization and Cadres Department Director, the Investment Construction Project Management Board Director under the Government Inspectorate, and the Heads of units under the Government Inspectorate are responsible for implementing this Decision./.

REGULATIONS

Cfunctions, tasks, authorities, and organization and activities of the Board of Investment Construction Projects

under the Government Inspectorate
(Issued togethercoholic beveragespursuant to DecisionNo. 896/QĐ-TTCP dated April 23, 2013 of the Chief Inspector General organize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.(Government Inspectorate)

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 Chapter I

FUNCTIONS, TASKS, AUTHORITIES, AND WORKING PRINCIPLES

Article 1. Position and Functions

1. The Board of Investment Construction Projects under the Government Inspectorate (hereinafter referred to as the Board of Projects) is a unit under the Chief Inspector General, having the function of assisting the Chief Inspector General in investment construction management; receiving, managing, and utilizing the capital assigned by the Government Inspectorate and other sources (if any) to prepare for investment construction; implementing investment construction, renovation, repair, upgrading, and maintenance of projects or project components of the Government Inspectorate and the sector (if any).

2. The Board of Projects has legal personality, its own seal, and is allowed to open accounts at the State Treasury in accordance with the law.

3. The Board of Projects has its main office at lot D29, New Urban Area Cau Giay Ward, Hanoi City.

Article 2. Tasks and Powers

1. Implementing the function of assisting the Chief Inspector General in investment construction management:

a) Developing long-term programs, five-year plans, and annual plans for investment construction;

b) Directing, guiding, inspecting, and organizing the implementation of approved investment construction programs and plans;

c) Taking the lead in reviewing and evaluating proposals for the renovation, repair, upgrading, and maintenance of projects or project components of subordinate units under the Government Inspectorate, to be submitted to the Chief Inspector General for approval;

d) Summarizing, reporting, and proposing issues related to investment construction implemented by the Government Inspectorate to relevant Ministries and sectors.

2. Performing the duties and powers of the Investor according to the direct management model for all investment construction projects of the Government Inspectorate (including subordinate units) from Group C upwards.

3. Performing the duties and powers of the Investor in investment construction management from commencement to completion for the renovation, repair, upgrading, and maintenance of projects or project components of the Government Inspectorate (excluding subordinate units).

4. Using funds from project management costs to ensure the operation of the Board of Projects in accordance with the Ministry of Finance's regulations on the management and utilization of project management costs.

5. Managing staff and assets assigned in accordance with the law and the delegation of the Chief Inspector General.

6. Performing other tasks assigned by the Chief Inspector General.

Article 3. Principles of Operation

The Board of Projects operates under the head system, ensuring democratic centralism, transparency, and accountability in accordance with the law; emphasizing individual responsibility and discipline, promoting the strengths, initiative, creativity of members, and efficiency in the activities of the Board of Projects.

Chapter II

ORGANIZATIONAL STRUCTURE, RESPONSIBILITIES, AND SCOPE OF WORK HANDLING

Article 4. Organizational structure and staffingứ1. The organizational structure of the Project Management Board includes:

a) The leadership of the Project Management Board consists of the Director and Deputy Directors.

b) Chief Accountant.

c) Technical staff.

d) Project component management board (established by the Project Management Board Director based on work requirements at each time point).

2. The staffing of the Project Management Board is decided by the Government Inspector General upon the proposal of the Organization and Cadre Department Head and the Project Management Board Director.

Article 5. Responsibilities and scope of work of the Director

1. Represents the Project Management Board legally, bears responsibility before the law and before the Government Inspector General for the results of assigned tasks.

2. Leads, directs, and organizes the implementation of the Project Management Board's tasks as stipulated in Article 2 of this Regulation and other tasks assigned by the Inspector General leadership.

3. Assigns tasks, coordinates activities, and monitors the implementation of tasks by Deputy Directors, Chief Accountant, and technical staff within the Project Management Board.

4. Directly manages and oversees the following tasks:

b) Financial and asset management according to the law and the delegation of the Government Inspector General; the Project Management Board's account holder;

a) Developing long-term programs, five-year plans, and annual plans for investment construction;

c) Signing economic contracts with partners;

d) Chair of the Acceptance Handover Council for completed works put into use;

đ) Organizational work, regulations, and policies for Project Management Board members;

e) External affairs of the Project Management Board.

Article 6. Responsibilities and scope of work of Deputy Directors

1. Assists the Director in managing and overseeing the Project Management Board's operations; directly manages certain areas of work as delegated by the Director. Bears responsibility before the Director, Inspector General leadership, and the law for the results of assigned tasks.

2. Performs duties and powers within the scope delegated and authorized by the Director. Reports to the Director on the situation and results of delegated and authorized tasks.

3. Signs on behalf of the Director for documents authorized by the Director.

Article 7. Responsibilities and scope of work of the Chief Accountant

1. Bears responsibility before the Board of Directors and the law for all financial activities of the Project Management Board and the implementation of assigned tasks.

2. Directly manages and performs the following tasks:

a) Working contacts with related units and individuals to ensure timely receipt and disbursement of funds;

b) Advance payment, settlement, and final accounting for contractors;

c) Revenue and expenditure activities of the Project Management Board.

d) Compiling and constructing periodic and ad hoc reports in the financial field as required or requested by the Board of Directors.

Article 8. Responsibilities and scope of work of technical staff

1. Adheres to labor discipline, regulations of the Inspector General, and the Project Management Board. Bears personal responsibility before the Board of Directors and the law for proposed opinions, progress, quality, and effectiveness of assigned tasks, content, form, format, procedure, and process of issuing documents and handling assigned tasks.t Torganize credit institutions, foreign bank branches are responsible for organizing the implementation of this Circular.

2. Supports the Board of Directors in the specialized fields assigned; resolves assigned tasks according to prescribed procedures, deadlines. Timely reports to the direct supervisor when encountering difficulties or new issues during task execution.

3. Directly manages and performs the following tasks:

a) Investor supervision work;

b) Inspection and acceptance of materials, equipment, and construction products at completion stages;

c) Coordinating with units to resolve construction site layout, construction methods, and labor safety issues;

d) Organizing and conducting reviews and appraisals of design documents, completion documents, budget estimates, and settlement documents for Board of Directors approval;

đ) Compiling and constructing periodic and ad hoc reports in investment and construction (excluding finance) as required or requested by the Board of Directors.

WORK RELATIONSHIP OF THE PROJECT MANAGEMENT BOARD

Chapter III

RELATIONSHIPS OF WORK OF THE BOARD MANAGING PROJECTSคณะกรรมการทำงานของคณะกรรมการบริหารโครงการ

Article 9. Implementing the directives of the Government Inspectorate's leadership

The Project Management Board shall be under the leadership and direction of the Chief Inspector General and the Deputy Chief Inspector General as assigned; it shall strictly fulfill the tasks assigned, promptly report to the Government Inspectorate's leadership on the results of its work as prescribed; when necessary, it shall make recommendations to the Government Inspectorate's leadership regarding issues that need to be resolved during the performance of its tasks.

Article 10. Relations with departments, bureaus, and units under the Government Inspectorate

1. The relations between the Project Management Board and departments, bureaus, and units under the Government Inspectorate are cooperative, exchange, and mutual support relations aimed at completing tasks effectively.

2. The relations between the Project Management Board and units under the Government Inspectorate assigned by the Chief Inspector General as the project sponsor are relations between the supervising agency and the sponsor.

3. Coordination with departments, bureaus, and units in performing tasks shall be carried out in accordance with the Working Regulations of the Government Inspectorate issued by the Chief Inspector General.

Article 11. Relations with units outside the Government Inspectorate

1. When performing the function of assisting the Chief Inspector General in managing construction investment: The relations between the Project Management Board and units outside the Government Inspectorate are cooperative, exchange, and mutual support relations aimed at completing tasks effectively. For units outside the Government Inspectorate assigned as sponsors (if any) using state budget funds for projects with common purposes for the sector or region, the Project Management Board performs the function of the supervising agency.

2. When performing the function of sponsor:

a) With contractors: The relations between the Project Management Board and contractors are management and operational relations aimed at fulfilling signed contracts effectively.

b) With related units: The relations between the Project Management Board and related units are cooperative, exchange, and mutual support relations aimed at completing tasks effectively.

3. Timely reflect to the Chief Inspector General or the Deputy Chief Inspector General in charge any requests or recommendations from units outside the Government Inspectorate so that the Government Inspectorate's leadership can consider and resolve them.

Article 12. Work relations between the Project Management Board's leadership and levels commission and leaders of mass organizations

1. The Project Management Board's leadership shall create conditions for the Party organization and mass organizations to operate in accordance with their charters, aims, and purposes; coordinate with the Party committee and leaders of mass organizations to provide conditions for Party members and members of the Project Management Board to study and improve their political and professional qualifications, work effectively and efficiently; ensure democratic regulations in the operation of the agency, build a workplace culture, and administrative discipline.

2. The Project Management Board's leadership shall have the responsibility to timely and fully provide information about the activities and benefits of the Project Management Board's members to the Party committee and leaders of mass organizations; seek opinions from the Party committee and leaders of mass organizations before deciding on measures for coordinating leadership in political education, internal protection, strengthening unity, and caring for the welfare of members of the Project Management Board; on personnel matters within the Project Management Board.

Chapter 4.

IMPLEMENTATION

Article 13. Responsibilitiesệ1. This Circular takes effect from July 8, 2016.

1. The Director, Deputy Directors, and members of the Project Management Board shall be responsible for implementing this Regulation.

2. Matters related to the functions, tasks, authorities, organization, and operation of the Project Management Board that are not covered in this Regulation shall be carried out in accordance with the Working Regulations of the Government Inspectorate and current laws and regulations on investment construction.

3. Based on current regulations and this Regulation, the Director of the Project Management Board shall be responsible for drafting and promulgating the Working Regulations of the Project Management Board.

Article 14. Amendment and Supplement to the Regulation

The Director of the Project Management Board and the Head of the Cadre and Civil Servant Organization Department shall be responsible for monitoring, inspecting, urging the implementation of this Regulation; compiling comments, researching and promptly proposing amendments and supplements to the Regulation in line with the operational requirements of the Project Management Board and the Government Inspectorate./.