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Decision 2006/115/qd-Bnn: Founded Investment Management And Irrigation Construction 3 Ministry Of Agriculture And Rural Development.

Original Language Title: Quyết định 115/2006/QĐ-BNN: Thành lập Ban Quản lý Đầu tư và Xây dựng Thuỷ lợi 3 trực thuộc Bộ Nông nghiệp và Phát triển nông thôn

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The DECISION to establish the investment management and irrigation construction 3 Ministry of agriculture and rural development _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the MINISTER of AGRICULTURE and RURAL DEVELOPMENT, pursuant to Decree No. 86/2003/ND-CP on 18/7/2003 of government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;
The base of the Government's Decree No. 8/2005/ND-CP on January 24, 2005 on planning construction; No. 16/2005/ND-CP on 07/02/2005 on the management of the project construction works; No. 112/2006/ND-CP on 29/9/2006 on amending and supplementing a number of articles of Decree No. 16/2005/ND-CP and 209/2004/ND-CP dated 16/12/2004 on the management of the quality of construction works;
Pursuant to Decree No. 83/2006/ND-CP dated 17/8/2006 of government regulation sequence, procedure for establishment, dissolution, reorganization of administrative organization, organization of the State;
At the suggestion of Director of Department of construction management and Director of the Organization Department.
Decision: article 1. The position and function of investment management board and 3 hydraulic construction Ministry of agriculture and rural development on the basis of organizing, reorder irrigation project management 406.
Investment management and irrigation construction 3 was given the responsibility of managing and using state capital and other capital sources (if any) to invest in construction of irrigation works (including irrigation projects and Dyke) under the provisions of the current law on investment management and construction. Investment management and irrigation building 3 is the economic business units have legal personality, there are seals, opened the account in the Bank or the State Treasury to act under the provisions of the law.
Investment management and irrigation construction 3 is responsible for receiving direct capital from funding agencies for the management and implementation of projects from the preparation stage of investment, make investments to complete the project put into exploitation, use in the form of a direct owner of project management according to the provisions of the law. Operational costs of the investment management and irrigation construction 3 is included in the cost of investment of each project according to the applicable regulations.
Investment management and irrigation construction 3 based in Thanh Hoa city, Thanh Hoa province (headquarters of the hydraulic project management 406);
Article 2. Duties and powers of investment management and irrigation construction 3 tasks, the authority of the owner of the investment project of construction of irrigation in Thanh Hoa province by the Minister of agriculture and rural development is the level of investment decisions. Specific tasks such as the following: 1. Establishment of project construction:-perform tasks and powers in article 41 of law building; Article 5, article 6, article 12 (not including paragraph 1, 4), article 13 (not including paragraph 1) Decree 16/2005/ND-CP on 07/02/2005 of the Government; Article 1 (paragraph 3, 4, 7, 8) Decree No. 112/2006/ND-CP on 29/9/2006 by the Government;
2. investment project management in building construction:-duties and powers in article 45 (excluding art. 2) Construction Law; Article 1 (point 2 and 11, paragraph 12) Decree 112/2006/ND-CP on 29/9/2006 by the Government;
3. Choose a contractor in construction activities:-implementation of duties and powers in article 9, 25, 32, 33, 34 (paragraph 2), 35, 36, 61, 62, 63 the tender Law; Article 104 of law building.
4. Survey design-construction:-perform tasks and powers in article 50 of the law on construction (excluding art. 1); Articles 6, 7, 8, 9, 11 (point b paragraph 1), article 12 of Decree 209/2004/ND-CP dated 16/12/2004.
5. construction design:-perform tasks and powers in article 57 of law building (not including art. 1); Articles 13, 14, 16, 17 of the Decree 209/2004/ND-CP on December 16, 2004 by the Government; Article 16, article 17 (item 2, 3, 4) of the Government Decree 16/2004/ND-CP on 07/02/2005 of the Government; Article 1 (clause 9) the Decree 112/2006/ND-CP on 29/9/2006 by the Government.
6. The construction works:-perform tasks and powers in articles 68, 72, 75 (excluding art. 1) Construction Law; Article 18 (paragraph 1, 3) the Decree 209/2004/ND-CP on December 16, 2004 by the Government; Articles 30, 31, 32, 33 (paragraph 3), article 34 (paragraph 3) Decree No. 16/2005/ND-CP on 07/02/2005 of the Government;
7. construction supervision:-duties and powers in article 87, 88, 89 construction Law; Article 21 Decree 209/2004/ND-CP on December 16, 2004 by the Government;
8. Trials and handing over of construction works:-perform tasks and powers in article 80 construction Law; Articles 23, 24, 25, 26, 27 (paragraph 3), article 30, article 35 of the Decree 209/2004/ND-CP on December 16, 2004 by the Government;
9. payment, settlement in construction activities:-implementation of the tasks and powers of article 81 (item 2, 3) Construction Law; Article 42 of the Decree 16/2005/ND-CP on 07/02/2005 of the Government; Article 1 (clause 14) Decree No. 112/2006/ND-CP on 29/9/2006 by the Government;
10. Other activities relevant to build:-proposed unit will manage, use works to later have a responsibility to send the approved investment decisions to join investment management and received construction management, use as complete works;
-Coordination with local project to solve specific tasks of each project;
-Depending on the scale, nature and duration of the project management of hydraulic construction and investment were signed with one or more of the main contractor. The main contractor can sign contracts to perform the work with one or more sub-contractors but must be investment management and irrigation construction 3 approved in the contract concluded with the owner and in accordance with the provisions of the law of tenders;
-Implement fully the rights and obligations of the investor are stipulated in the law on construction, Procurement Law, Decree No. 16/2005/ND-CP on 07/02/2005 on the management of government investment project construction, no. 112/2006/ND-CP on 29/9/2006 by the Government on amendments supplement some articles of Decree No. 16/2005/ND-CP, no. 111/2006/ND-CP on 29/9/2006 by the Government on Law Enforcement Guide to bidding and selection of building contractor under the construction Law, no. 209/2004/ND-CP on December 16, 2004 by the Government on managing the quality of construction works and the other provisions of the relevant laws.
11. the Organization, management apparatus, payroll and property as prescribed by the Board; implementation of salary mode and the mode of remuneration policies, reward, or discipline for officers, employees in the scope of management.
12. Perform other duties assigned by the Minister.
Article 3. Organizational structure 1. Board leadership: is the Director, the Deputy Director by the Minister of agriculture and rural development appointed, dismissed under current rules;
Director of investment management and 3 hydraulic construction management, the entire Executive Board's activities, comprehensive responsibility before the Minister of agriculture and rural development and before the law of all activities of the Committee;
Deputy Director, assist the Director of performing specific tasks delegated by the Managing Director, responsible to the Executive Director and the law on the implementation of tasks and authorization;
2. The assisting Director:-personnel-administration;
-Financial accounting;
-Room technical appraisal-estimation;
-Construction management.
3. project management:

Project Management Committee was established when the approved investment project and disbanded at the end of the construction project. Project management has the head and 1 Deputy Chief. Project management duties, powers by the Director of the investment management and building irrigation delivery 3. Chief project manager responsible to the Director of the investment management and irrigation construction 3 and before the law according to the tasks and powers is authorized.
Deputy Chief rooms at professional service; Vice President, Project Management Committee was appointed under the current rules; Officer, the officer was recruited to work at Ban according to job requirements and the provisions of the Ordinance on civil servants, wage, turnover was ranked according to the current rules of the State.
Article 4. The project has its official development assistance (ODA); the project by the Minister of agriculture and rural development invested 1. Investment management and irrigation construction 3 is responsible for coordinating the management of hydraulic Project Central (CPO) to manage and organize the implementation of the investment project of construction of irrigation have ODA according to the provisions of the current law on investment management and construction, and the agreement signed between the Socialist Republic of Vietnam with the international donors and international treaties specifically on ODA.
2. Depending on the scale, nature and complexity of each project to build irrigation from ODA or project by the Minister of agriculture and rural development are the Prime investor communication, the Department has decided to separate organizations for delivery to do the task of project management (management of Minor projects) , some or all of the duties of the owner under the provisions of the current law on the management of investments and construction, the agreement signed between the Socialist Republic of Vietnam with international donors and international treaties specifically on ODA.
Article 5. The Director, Deputy Director, management of irrigation projects assigned 406 served the Director, Deputy Director, investment management and irrigation building 5, the time limit from the date of appointment appointed Director, Deputy Director, management of irrigation project in 406.
Article 6. Enforceable decisions have effect after fifteen days from the date the Gazette; replace decision No 3906/QD-BNN/TCCB on 08/11/2004 of the Minister of agriculture and rural development about the functions, duties, powers and organization of the project management, irrigation, decision 39/2006/QD-BNN on 19/5/2006 of the Minister of agriculture and rural development; repeal of previous regulations of the Ministry of agriculture and rural development, contrary to this decision.
Article 7. Responsibility 1. Director of investment management and irrigation construction 3 is responsible for relaying the status quo management of irrigation projects to 406 held duties from the date of this decision to effect the implementation of and build organizational and operational rules of the Board of management of hydraulic construction and investment 3 the Minister approved at the same time working with the competent State agencies complete the procedure to operate under the provisions of the law.
2. The functions of the Agency are responsible for the management, guidance, check the operation of the investment management and irrigation building 3 according to the functions and tasks assigned.
3. Office, Director of the Organization Department, Director of construction management Bureau, Director of Department of irrigation, Director of Department of management of dyke and flood prevention, hurricane, heads of agencies, relevant units of the Ministry, Director of the project management committee and Board of Directors 406 irrigation management and irrigation construction 3 is responsible for the implementation of the decision ./.