This Decision approves the Charter of Organization and Operation of the North-South Ha Irrigation Works Exploitation Company, stipulating rights, obligations, organizational structure, and management of state-owned enterprises. The Company is subject to the management of the Ministry of Agriculture and Rural Development, relevant ministries and sectors, and local authorities.
Scope of application
North-South Ha Irrigation Works Exploitation Company
Key points
- The Company is a state-owned enterprise operating for public benefit according to Government Decree No. 56-CP of 1996.
- The Company has the right to manage and utilize capital, land, and resources in accordance with the law; organize production and business activities; comprehensively exploit benefits from the North-South Ha irrigation system.
- The Company is subject to the management of the Ministry of Agriculture and Rural Development, relevant ministries and sectors, and local authorities.
- The General Director of the Company is responsible for organizing and implementing public benefit activities and business operations in accordance with the law.
- The Company is financially autonomous, establishing a unified concentrated financial plan.
🌐 Social impact of this document
- Establishing a legal basis for the operation of the North-South Ha Irrigation Works Exploitation Company, contributing to effective management and exploitation of the irrigation system.
- Balancing public benefit activities and business operations to ensure the interests of the State and the people.
❓ Frequently asked questions
What rights does the North-South Ha Irrigation Works Exploitation Company have?
The Company has the right to manage and utilize capital, land, and resources; organize production and business activities; comprehensively exploit benefits from the North-South Ha irrigation system in accordance with the law.
What responsibilities does the General Director of the North-South Ha Irrigation Works Exploitation Company have?
The General Director is responsible to the Minister for the Company's activities, organizing the implementation of approved decisions and plans.
How is the North-South Ha Irrigation Works Exploitation Company financially autonomous?
The Company establishes and implements a unified concentrated financial plan; self-balances income and expenditure, ensuring profitability and fulfilling obligations to the State.
Which agencies manage the North-South Ha Irrigation Works Exploitation Company?
The Company is subject to the management of the Ministry of Agriculture and Rural Development, relevant ministries and sectors, and local authorities.
When there are changes in the registered capital, what must the North-South Ha Irrigation Works Exploitation Company do?
The Company must promptly adjust in the consolidated asset statement and publicly announce in accordance with the guidelines of the Ministry of Finance.
Full text
Pursuant to …;
Regarding the approval of the Charter on organization and operation of
North South Ha Irrigation Works Exploitation Company
THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT
Pursuant to the Decree No. 73/CP dated November 1, 1995 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;
On the basis of the State Enterprise Law dated April 20, 1995 and the Ordinance on the Exploitation and Protection of Irrigation Works dated August 31, 1994;
On the basis of Decree No. 50/CP dated August 28, 1995 of the Government regarding the establishment, restructuring, dissolution, and bankruptcy of state enterprises; and Decree No. 56/CP dated October 2, 1996 of the Government concerning state enterprises engaged in public services;
Considering the proposal of the Director of the North South Ha Irrigation Works Exploitation Company (report No. 136/2000/TT-CTy dated June 1, 2000) and the Head of the Organization and Cadre Affairs Department,
DECISION:
Article 1.- Approves the "Regulations of the North South Ha Irrigation Works Exploitation Company" attached to this Decision, consisting of ten chapters and thirty-five articles.
Article 2.- The Director of the North South Ha Irrigation Works Exploitation Company shall be responsible for implementing these Regulations and detailing them into specific management regulations for each field within the Company.
Article 3.- THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.
Article 4.- The Heads of the Ministry's Office, the Organization and Cadre Affairs Department, the Heads of relevant units under the Ministry, and the Director of the North South Ha Irrigation Works Exploitation Company shall be responsible for implementing this Decision./.
| DEPUTY MINISTER DEPUTY MINISTER (Signed) Nguyen Thien Luan |
CHARTER
ORGANIZATION AND OPERATIONS OF THE NORTH SOUTH HA IRRIGATION WORKS EXPLOITATION COMPANY
(Approved pursuant to Decision No.: 93/2000/QĐ/BNN-TCCB
dated August 23, 2000 of the Minister of Agriculture and Rural Development)
Article 1. The North South Ha Irrigation Works Exploitation Company (hereinafter referred to as the Company) is a state enterprise re-established according to Decision No. 683 QĐ/UB dated December 30, 1992 of the People's Committee of Nam Ha Province, and transferred to the management of the Ministry of Agriculture and Rural Development according to Decision No. 84/1999/QĐ-BNN-TCCB dated May 22, 1999 and Decision No. 102/1999/QĐ/BNN-TCCB dated July 5, 1999 of the Minister of Agriculture and Rural Development. The Company is a state enterprise operating in the public interest according to Decree No. 56-CP dated October 2, 1996 of the Government.
PART I
GENERAL PROVISIONS
Article 2. The North South Ha Irrigation Works Exploitation Company has:
1. Legal personality under Vietnamese law;
2. International trade name: BAC NAM HA IRRIGATION AND DRAINAGE MANAGEMENT COMPANY, abbreviated as: BNH IDMC;
3. Main office at Km 4 - National Highway 21, Loc Hoa Commune, Nam Dinh City, Nam Dinh Province;
4. Regulations on organization and operations, management structure and administration;
5. Capital and assets, liable for debts within the scope of capital managed by the company;
6. A separate seal, allowed to open accounts at the State Treasury and specialized banks as prescribed;
7. Balance sheet and centralized funds as prescribed by the Government and guidelines of the Ministry of Finance;
Article 3. The North South Ha Irrigation Works Exploitation Company has the task of managing, exploiting, and ensuring the safety of the North South Ha irrigation system according to assigned tasks, aiming to meet the water requirements for agricultural, industrial, and domestic purposes in two provinces of Ha Nam and Nam Dinh, specifically:
1. Managing, protecting, and safely operating large-scale pumping stations; regulating works and main canals related to the two provinces of Ha Nam and Nam Dinh as per the division of labor in the North South Ha irrigation system management at Decision No. 84/1999/QĐ/BNN-TCCB dated May 22, 1999 of the Minister of Agriculture and Rural Development.
2. Repairing, maintaining, upgrading, and completing construction of works within its jurisdiction, thereby enhancing operational capacity and investment efficiency of the North South Ha irrigation system, meeting the needs for irrigation services for production and local residents' livelihoods;
3. Comprehensive exploitation of resources on the North South Ha irrigation system, permitted to engage in other service businesses as prescribed by law;
4. Preserving and using effectively the capital, land, natural resources, and other assigned resources efficiently.
4. Preserve and utilize capital, land, natural resources, and other assigned resources efficiently;
Article 4. The company is managed and operated by the General Director.
Article 5. The company is under state management by the Ministry of Agriculture and Rural Development, relevant ministries, ministerial-level agencies, government-affiliated agencies, and the People's Committees of Nam Dinh and Ha Nam provinces, acting as state management agencies, while also being subject to management by these agencies in their capacity as agencies exercising ownership rights over state-owned enterprises according to the State-Owned Enterprise Law and other legal provisions.
Article 6. The Communist Party of Vietnam organization within the company operates in accordance with the Constitution and laws of the Socialist Republic of Vietnam and the regulations of the Communist Party of Vietnam.
Trade union organizations and other political social organizations within the company operate in accordance with the Constitution and laws.
PART II
Rights of the Company
I. RIGHTS OF THE COMPANY:Article 7.
1. The company has the right to manage and utilize capital, land, natural resources, and other sources of strength assigned by the state in accordance with the law to fulfill its tasks, objectives, and plans.
2. The transfer, lease, mortgage, or pledge of assets belonging to the North-South Ha Thuy Loi system; equipment and assets serving management, exploitation, and protection of the North-South Ha Thuy Loi works, and other important equipment and assets as prescribed by the Government must be decided by the Ministry of Agriculture and Rural Development after obtaining written agreement from the state capital and asset management agency at the enterprise.
3. The company has the right to transfer, lease, mortgage, or pledge other assets under its management not specified in Clause 2 of this Article, on the principle of preserving capital and in accordance with the law.
Article 8. The company has the right to organize management and business operations as follows:
1. Organize administrative structures, establish production and business units suitable for the objectives and tasks assigned by the Ministry.
2. Update technology, invest in equipment, research, and apply scientific and technological advancements to the company's activities.
3. Establish branch offices and representative offices of the company in accordance with the law.
4. Propose participation in state conglomerates.
5. Operate in accordance with the company's objectives, which is to provide irrigation, drainage, and water supply services to localities as planned.
6. Expand business activities through comprehensive exploitation of the North-South Ha Thuy Loi system and other appropriate industries, without affecting the fulfillment of assigned public service tasks and must obtain permission from authorized agencies.
7. Comply with regulations set by competent authorities regarding water resource fees, prices for products and services related to public service activities of the company.
8. Determine purchase and sale prices for materials, raw materials, products, and non-public service business services.
9. Invest in joint ventures, collaborations, and share capital contributions when permitted by the Ministry of Agriculture and Rural Development and must comply with legal provisions.
10. Develop and apply labor norms, material norms, unit prices for wages per product within the framework of national norms and unit prices.
11. Select, hire, arrange employment, train labor, choose forms of remuneration, and other benefits for employees in accordance with the Labor Code and other legal provisions. Determine wage and bonus levels for employees based on approved wage unit prices and business performance.
12. Invite and host foreign business partners to work at the company in accordance with the law; send company staff abroad for work, study, inspection, survey, or representation in joint venture organizations of the company in accordance with the law.
13. Export and import in accordance with state regulations.
Article 9. The Company has financial rights as follows:
1. Annually, prepare production plans, supply irrigation and drainage services,operate, repair, and maintain works, and draft financial income and expenditurebudgets (including subsidy and price support plans), report to the Ministry ofAgriculture and Rural Development and the Ministry of Finance for approval as abasis for implementation;
2. Receive state funding according to annual budgets or based on the results ofirrigation and drainage services that have been inspected and approved inaccordance with plans reviewed by the Ministry of Agriculture and RuralDevelopment;
3. Raise capital for business operations without changing ownership forms; beallowed to mortgage the value of land use rights attached to assets under theCompany's management at credit institutions in Vietnam to borrow funds forpublic interest activities in accordance with laws when permitted by competentstate authorities;
4. When providing products or services with fees, the Company may use suchfees as prescribed by the Government to serve its activities;
5. Utilize the basic depreciation fund of the Company: contribution rate, ratio,usage, and management of the basic depreciation fund according to theGovernment's regulations;
6. After fulfilling all obligations to the State, the Company may establish adevelopment fund and other funds as stipulated in Circular Joint No. 90/1997/TTLT/TC-NN dated December 19, 1997 of the Ministry of Finance and theMinistry of Agriculture and Rural Development. The enterprise may distribute theremaining profits among employees based on their contributions to the year'sbusiness results;
7. Enjoy subsidies, price supports, or other preferential policies from the Statewhen performing public interest activities according to the company's functionsand national defense, security, disaster prevention tasks that do not cover thecosts of producing these products and services;
8. Enjoy investment incentives or reinvestment incentives as prescribed by theState;
Article 10. The Company has the right to refuse any requests for resourceprovisioning that are not legally mandated by any individual or organization,except voluntary contributions for humanitarian and public interest purposes;
II.OBLIGATIONS OF THE COMPANY:
Article 11.
1. The Company is obligated to accept and effectively utilize, preserve, anddevelop the capital assigned by the State, including investments in otherenterprises (if applicable); accept and effectively utilize natural resources,land, and other resources assigned by the State to fulfill public interestobjectives and other tasks assigned by the State;
2. The Company is obligated to use the resources assigned by the State to ensureirrigation and drainage services for target groups within the framework of pricesprescribed by competent state authorities;
3. Repay loans obtained from customers; repay international loans used accordingto the Government's decision (if applicable);
Article 12. The Company is obligated to manage public interest activities andbusiness operations as follows:
1. Register for business operations in the registered fields, be responsible beforethe State for the results of public interest activities and business operations, beaccountable to customers and the law regarding products and services providedby the Company;
2. Develop and submit to the Ministry of Agriculture and Rural Development forapproval five-year and annual planning and programs for public interestactivities consistent with assigned tasks, water management service needs ofeach locality based on regional economic development goals;
For other product and service business operations, it must not affect theperformance of public interest tasks, must obtain written agreement from theMinistry of Agriculture and Rural Development, and must register additionalbusiness fields;
3. Sign and implement economic contracts already signed with partners;
4. Modernize technology and management methods; use income from assettransfer to reinvest and update the Company's technological equipment;
5. Fulfill obligations towards employees as prescribed by the Labor Code, ensureemployee participation in Company management;
6. Implement state regulations on natural resource protection, environmentalprotection, national defense, and national security;
7. Implement statistical reporting, accounting, and regular reporting systems asrequired by the State, be responsible for the accuracy of these reports;
8. Comply with inspection regulations of financial agencies and other stateauthorities as prescribed by law;
Article 13.
1. The Company is obligated to strictly adhere to management systems andregulations concerning capital, assets, funds, accounting, bookkeeping, auditing,and other systems prescribed by the State, be responsible for the authenticityof the Company's financial activities;
2. The Company publicly discloses annual financial reports and information toaccurately and objectively assess the Company's activities as prescribed by theGovernment;
3. The Company separately accounts for public interest activities and businessoperations, fulfills tax payment and budgetary submission obligations asprescribed by law. In cases of natural disasters leading to crop failures orreduced water revenue, exemptions or reductions may be considered accordingto current state policy;
Assets transferred between units under the Company do not require advanceproperty tax; semi-finished products and services circulated between units withinthe Company for further completion or production support do not require taxpayment;
CHAPTER III
DIRECTOR OF THE COMPANY AND ASSISTANT ORGANIZATION
Article 14.
1. The General Director of the Company is appointed, relieved, rewarded, orpunished by the Minister of Agriculture and Rural Development;
The General Director represents the legal entity of the Company, is accountableto the Minister of Agriculture and Rural Development and the law for theCompany's activities;
The director is the highest authority in managing the company.
The General Director must meet the criteria and conditions as stipulated inArticle 32 of the State Enterprise Law and specific provisions of the Ministry ofAgriculture and Rural Development;
2. Deputy General Directors assist the General Director in managing one or morefields of activity according to the General Director's assignment or delegation,are accountable to the General Director and the law for delegated tasks;
3. The Chief Accountant assists the General Director in directing and organizingaccounting and statistical work of the Company, having duties and powers asprescribed by law.
4. The specialized departments have the function of advising and assisting the General Director in their respective fields.
Article 15. The General Director of the company has the following duties and powers:
1. Accepting capital, land, natural resources, and other resources assigned by the State to organize management and utilization according to the objectives and tasks assigned by the State to the company;
2. Developing long-term and annual plans for the Company, establishing operational procedures for the system, formulating new investment plans, deepening investments, joint ventures, joint operations, organizational management plans, production organization plans, training plans for employees, measures to implement economic contracts of the Company, submitting these plans to the Minister of Agriculture and Rural Development and relevant state agencies, and organizing their implementation after approval;
3. Strictly implementing the State's regulations on water resource fees, purchase and sale prices of products and services set by the State; deciding on purchase and sale prices of other products and services in accordance with State regulations;
4. Organizing the implementation of economic and technical norms, product standards, wage rates in accordance with State regulations. Issuing internal rules, reward and disciplinary regulations applicable within the Company in compliance with legal provisions;
5. Directing the operation of the company, being responsible for the results of public service activities and business operations of the Company; being accountable to the Minister of Agriculture and Rural Development and to the law regarding the implementation of State regulations concerning the Company's activities;
6. Submitting to the Minister of Agriculture and Rural Development for decisions on appointing, dismissing, rewarding, and disciplining deputy directors and chief accountants of the Company, and submitting to the Minister of Agriculture and Rural Development for decisions on establishing, dissolving, and merging dependent units (if any);
7. Deciding on the appointment, dismissal, rewards, and discipline of heads of departments and units and other positions within the organizational structure of the Company;
8. Reporting to the Ministry of Agriculture and Rural Development and relevant state agencies about the results of public service activities and business operations of the Company;
9. Being subject to inspection and supervision by the Ministry of Agriculture and Rural Development and relevant state agencies regarding the performance of its functions and responsibilities in accordance with legal provisions;
PART IV
THE WORKING GROUP OF EMPLOYEES IN THE COMPANY
Article 16. The Workers' Congress of the Company is a direct form for workers to participate in managing the enterprise. The Workers' Congress of the Company has the following rights:
1. Participating in discussions to draft collective labor agreements for the representative of the workforce to negotiate and sign with the General Director of the Company;
2. Discussing and approving regulations on the use of funds directly related to the interests of workers in the Company;
3. Discussing and providing opinions on planning, evaluating the effectiveness of business operations, proposing measures to protect workers, improve working conditions, material and spiritual living standards, environmental hygiene, training and retraining of workers of the Company.
Article 17. The Workers' Congress of the Company is organized and operates in accordance with guidelines from the Vietnam General Confederation of Labor.
CHAPTER V
DEPENDENT UNITS OF THE COMPANY
Article 18. If any, the affiliated units are dependent accounting units under the Director of the Company, to be decided by the Ministry.
Affiliated dependent accounting units shall open accounts at banks that match their accounting methods.
The affiliated dependent accounting units shall have Statutes (or Regulations) on organization and operation issued by the Company's Director in accordance with the Company's Statutes on organization and operation and relevant laws.
Chapter VI
MANAGEMENT OF THE COMPANY'S CONTRIBUTED CAPITAL IN OTHER UNITS
Article 19. With respect to the capital contribution of the Company to other enterprises, the Company's Director has the following rights and obligations:
1. To develop a capital contribution plan to be submitted to the Ministry of Agriculture and Rural Development and competent state agencies for approval;
2. To appoint, dismiss, reward, and discipline persons directly managing the Company’s capital in other enterprises in accordance with the law;
3. To supervise and inspect the use of the Company’s capital contributed to other enterprises.
Article 20. Rights and obligations of persons directly managing the Company’s capital contributed to other enterprises:
1. To participate in management positions in enterprises with the Company’s capital contribution according to the enterprise's Statutes;
2. To monitor and supervise the operational status of enterprises with the Company’s capital contribution;
3. To implement reporting systems and be responsible before the Company's Director for the effectiveness of the Company’s capital contribution.
Article 21. Joint ventures in which the Company participates shall be managed, operated, and function according to the Law on Foreign Investment, the Enterprise Law, and other related laws of Vietnam. The Company shall fulfill all rights, obligations, and responsibilities towards these joint ventures regarding financial activities as prescribed by Vietnamese law.
Chapter VII
FINANCIAL ASPECTS OF THE COMPANY
Article 22. The Company implements a centralized accounting system combined with decentralized management at levels deemed necessary for affiliated units.
The Company is financially autonomous, conducting balance of revenues and expenditures, and enjoying subsidies, price supports, or other preferential policies from the State for public welfare activities.
The company is responsible for preserving and developing its capital.
Article 23.
1. The charter capital of the Company includes:
Capital assigned by the State at the time of establishment;
Additional capital invested by the State;
Post-tax profits allocated as supplementary capital in accordance with current regulations;
Other sources of capital (if any).
2. When there is an increase or decrease in the charter capital, the Company must promptly adjust it in the consolidated asset statement and publicly announce it in accordance with the guidelines of the Ministry of Finance.
Article 24.
1. The Company is established and uses centralized funds in accordance with state regulations to ensure the high efficiency of the Company's development process.
2. Centralized funds of the Company are established in accordance with the Financial Management and Business Accounting Regulations for State Enterprises issued together with Decree No. 59/CP dated October 3, 1996, Decree No. 27/1999/NĐ-CP dated April 20, 1999 of the Government, Circular Joint No. 90/1997/TTLT/TC-NN of the Ministry of Finance and the Ministry of Agriculture and Rural Development.
The management and use of centralized funds shall follow the guidelines of the Ministry of Finance.
Article 25. Financial autonomy of the Company
1. The Company operates on the principle of financial autonomy, must develop and implement a unified centralized financial plan.
Activities related to the management, exploitation, and protection of the North-South Ha Thuy project are public welfare activities, receiving financial support from the State according to Decree No. 56-CP dated October 2, 1996 of the Government, Joint Circular No. 90/1997/TTLT/TC-NN dated December 19, 1997 of the Ministry of Finance and the Ministry of Agriculture and Rural Development, and current regulations.
Business activities outside public welfare tasks must be separately accounted for, self-balanced income and expenditure, ensuring profitability, and fulfilling obligations to the State as prescribed.
2. The Company is responsible for collecting receivables from households using water according to economic contracts and other receivables of the Company; paying off debts recorded in the Company's balance sheet and commitments (if any).
3. The Company is responsible for auditing and supervising all financial activities within the Company.
4. All credit relationships (loans, lending, delayed payment purchases, guarantees) between the Company and partners must comply with the regulations of the Ministry of Finance and the Bank.
5. The Company is responsible for preparing, submitting, registering financial plans, financial reports, balance sheets, and final accounts of the Company to the Ministry of Agriculture and Rural Development, the Ministry of Finance, and sending them to competent state agencies.
The Ministry of Agriculture and Rural Development, in conjunction with the state financial management agency, organizes annual financial report reviews and approvals for the Company.
6. The Company is responsible for paying taxes and other payments as required by law; the Company may use post-tax profits after fulfilling its tax obligations to the State in accordance with current regulations.
7. The Company must strictly adhere to the Accounting and Statistics Ordinance, accounting systems, and current financial reporting requirements for state-owned enterprises.
8. The Company is subject to financial audits and supervision of business activities by competent state agencies as prescribed by law.
Chapter VIII
RELATIONSHIP BETWEEN THE COMPANY AND STATE AGENCIES
AND LOCAL AUTHORITIES
Article 26. Regarding the Ministry of Agriculture and Rural Development:
1. With the function of state management in the economic and technical sector, the Ministry of Agriculture and Rural Development shall direct the Company on:
Issuing product standards, technological standards, economic and technical norms, and directly inspecting and supervising the Company's implementation of these norms and standards.
Building and issuing plans for development and directions for the industry, and directly inspecting the Company's implementation of such plans and directions.
The Company shall be responsible for implementing the above regulations of the Ministry of Agriculture and Rural Development and may make recommendations to the Ministry regarding relevant matters.
2. With the tasks assigned by the State to perform certain functions of ownership, the Ministry of Agriculture and Rural Development shall direct the Company on:
Establishing, splitting, merging, restructuring, and dissolving the Company and its affiliated units that are dependent accounting entities.
Approving the Articles of Association and any additional or amended contents of the Articles of Association of the Company.
Appointing, dismissing, rewarding, and disciplining the general manager, deputy general manager, and chief accountant of the Company.
Participating in capital contributions and other resources provided to the Company, and inspecting the Company's operations.
Directing the Company to ensure national balances, meet management requirements, and operate the North-South Ha River water system to serve production and improve living conditions in the region under the Company's responsibility.
3. The Company has the responsibility to report according to the regulations of the State and other reports as required by the Ministry of Agriculture and Rural Development.
The Company is subject to inspection and supervision by the Ministry of Agriculture and Rural Development, which is the direct management agency for the economic and technical sector within the scope of other functions of the Ministry as prescribed by law.
Article 27. Regarding the Ministry of Finance:
1. The Company is subject to state control by the Ministry of Finance concerning compliance with financial systems, accounting, taxation, and organizational structures for accounting.
2. The Ministry of Finance, as an agency assigned by the Government to perform certain functions of ownership, shall direct the Company on:
Determining the capital, resources, and other sources allocated by the State for the Company's management and use.
Inspecting the effective use, preservation, and development of capital and other resources granted during the operation period, as reflected in the Company's annual financial reports.
3. The Company has the responsibility to implement the financial regulations applicable to state-owned enterprises issued by the Ministry of Finance; reporting and being subject to financial inspection and audit, and other matters within the jurisdiction of the Ministry of Finance.
4. The Company may propose solutions, mechanisms, and policies related to finance, credit, and other relevant issues to the Ministry of Finance; recommending the Ministry of Finance and the Ministry of Agriculture and Rural Development to approve the organization of asset transfer as stipulated in Article 7 of the Articles of Association, foreign investment cooperation and other economic sectors, financial obligations, post-tax profit distribution, liquidation of assets within the Company, and supplementary budget capital for the Company.
Article 28. Other Ministries, agencies at the level of ministries, and other government agencies acting as state management agencies shall direct the Company on:
1. Implementing economic and technical norms, product standards, and product quality standards consistent with industry and national standards.
2. Implementing regulations on resource protection and environmental protection.
3. Participating in the appraisal of investment projects according to industry development strategies and regional economic planning.
4. Handling external relations and import-export activities.
5. Ensuring the rights and obligations towards employees as prescribed by law.
The Company is subject to inspection and supervision by these agencies in areas within their functions as prescribed by law.
Article 29. With respect to the local authorities where the Company has its headquarters and operates: The Company shall be subject to state management and comply with administrative regulations and obligations towards People's Councils and People's Committees at all levels as prescribed by law.
The Company must coordinate its activities related to managing, operating, and protecting the North-South Ha Irrigation Works with the People's Committees of Ha Nam and Nam Dinh provinces, with districts, towns, and cities directly benefiting from the works; establish contractual responsibility and close cooperation relationships between the Company and local irrigation enterprises in the operation of irrigation, saltwater intrusion prevention, flood control, comprehensive utilization, and safe protection of the works, fulfilling all assigned tasks.
Article 30. The relationship between the North-South Ha Irrigation Works Operating Company and the Management Board of the North-South Ha Irrigation System shall be implemented in accordance with the provisions of the Ordinance on Exploitation and Protection of Irrigation Works.
CHAPTER IX
REORGANIZATION, DISSOLUTION, BANKRUPTCY OF THE COMPANY
Article 31. The restructuring of the Company, establishment, dissolution, and merger of affiliated units (if any) shall be proposed by the General Director for consideration and decision by the Minister of Agriculture and Rural Development.
Article 32. The Company shall be dissolved if the Ministry of Agriculture and Rural Development deems it unnecessary to maintain the Company. Upon dissolution of the Company, the Minister of Agriculture and Rural Development shall establish a Dissolution Committee. The assets of the dissolved Company, after settling all payable debts according to the law, shall belong to the State.
Article 33. If the Company loses its ability to pay maturing debts, it shall be handled in accordance with the Bankruptcy Law for Enterprises.
Chapter X
IMPLEMENTING PROVISIONS
Article 34. These Bylaws apply to the North-South Ha Irrigation Works Operating Company. All individuals and units within the company are responsible for implementing these Bylaws.
Any previous regulations concerning the organization and operations of the North-South Ha Irrigation Works Operating Company that conflict with these Bylaws are hereby abolished.
Article 35.
1. Based on these Bylaws, the General Director of the North-South Ha Irrigation Works Operating Company decides on the organizational structure and basic production units of the company, specifying the specific duties and powers of these units to fulfill the tasks assigned by the State to the enterprise.
2. In cases requiring supplementation or amendment of the company's bylaws, the General Director of the Company shall submit to the Minister of Agriculture and Rural Development for Decision.
ANNEX
ORGANIZATIONAL STRUCTURE OF THE NORTH-SOUTH HA IRIGATION WORKS OPERATING COMPANY
(at the time of approval of the Bylaws)
I. Management Structure:1. Organization and Administration Department 2. Accounting and Finance Department3. Water and Works Management Department4. Electrical and Mechanical Department5. Planning and Technical DepartmentII. Production Units:1. Huu Bi Electric Pumping Station2. Coc Than Electric Pumping Station3. Song Chan Electric Pumping Station4. Vinh Tri Electric Pumping Station5. Co Dam Electric Pumping Station System6. Nu Trai Electric Pumping Station7. Nhâm Trang Electric Pumping Station System8. Repair Team for Works./DEPUTY MINISTER
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