What are the duties and powers of the Department of Construction Management in Vietnam? – Manh Hung (Ninh Thuan)
Duties and powers of the Department of Construction Management in Vietnam (Internet image)
Regarding this issue, LawNet would like to answer as follows:
The Department of Construction Management is an organization under the Ministry of Agriculture and Rural Development of Vietnam.
The Department of Construction Management is specified in Article 2 of Decision 1118/QD-BNN-TCCB 2023, including:
(1) Submit to the Minister of Agriculture and Rural Development:
- Drafts: Law projects, resolutions of the National Assembly, ordinances, resolutions of the National Assembly Standing Committee, decrees of the Government; specialized legal documents according to the Ministry's annual law-making program and plan and resolutions, mechanisms, policies, projects, and schemes as assigned by the Minister;
- Strategies, planning, long-term, medium-term, and annual development plans, and important national projects and works, programs, schemes, projects, and works belonging to the specialized fields and management areas of the Department as assigned by the Minister.
(2) Submit to the Ministry for promulgation of decisions, directives, national technical regulations, standards, and economic-technical norms; Organize the development of national standards for specialized management and fields under the Department's state management scope as assigned by the Minister and the provisions of law; Guide and inspect implementation after approval by competent authorities.
(3) Direct, guide, check, inspect, evaluate, synthesize, and report on the implementation of mechanisms, policies, strategies, planning, and approved plans for specialized sectors and fields within the scope of state management of the Department; direct and organize the implementation of propaganda, dissemination, and legal education in specialized fields and fields within the scope of state management of the Department.
(4) Promulgate individual documents and professional guidance in the specialized fields and fields assigned to management. Monitor and check the progress of projects after the Ministry has notified the annual capital plan allocation; synthesize periodic reports and thematic reports on implementation results and disbursement of projects assigned to be managed by the Ministry.
(5) Direct natural disaster prevention and control for construction projects under the Department's management; Participate in the Ministry's natural disaster prevention and control work as assigned by the Minister.
(6) Manage the preparation phase of construction investment projects:
- Coordinate with the Planning Department and relevant agencies and units in investment preparation work;
- Preside over the technical appraisal of the Pre-feasibility study report and Investment policy proposal report according to the provisions of law and the assignment of the Minister;
- Participate in the State Appraisal Council for important national projects as assigned by the Minister;
- Submit to the Ministry for opinions on the basic designs of construction investment projects under the Ministry's state management as assigned by the Minister;
- Preside over appraisal, submit to the Minister for approval, and approve adjustments and supplements to feasibility study reports, investment projects, and economic-technical reports for projects using state capital whose investment is decided by the Ministry; investment projects in the form of public-private partnerships (PPP) assigned to be managed by the Ministry;
- Preside over basic design appraisal for projects in the field of agriculture and rural development funded by ministries, ministerial-level agencies, government agencies, economic groups, and state-owned corporations; decide on investments and projects using other capital as assigned by the Minister;
- Preside over the appraisal of construction components of projects using official development assistance (ODA) capital and preferential loans from foreign sponsors when assigned by the Minister;
- Approve technical and economic reports of construction projects using public investment capital as authorized by the Minister.
(7) Managing the implementation phase of construction investment projects:
- Take charge of appraising and submitting to the Minister for approval technical designs and estimates (in the case of three-step design); design construction drawings and construction estimates (in the case of two-step design) for projects using state capital whose investment is decided by the Ministry and assigned to the Department for management;
- In charge of appraising technical designs and estimates (in the case of a three-step design); designing construction drawings and estimates (in the case of a two-step design) for specialized construction works in agriculture and rural development by ministries, ministerial-level agencies, and agencies under the Government, economic groups, and state-owned corporations decide to invest as assigned by the Minister;
- Preside and coordinate with the Planning Department to appraise and submit to the Minister for approval the project's contractor selection plan; appraise and submit to the Minister for approval the contractor selection plan for each bidding package; Monitor and inspect bidding work; the focal point in charge of resolving proposals on bidding under the authority of the investment decider for projects assigned to be managed by the Ministry;
- Monitor, inspect, and supervise contract implementation; synthesize reports on bidding work; compile lists of contractors and related entities violating the law on bidding and contracts in the construction activities of specialized projects under the Ministry's management;
- Organize inspection of construction management and quality management of construction works for investment projects assigned to manage by the Ministry;
- Preside over troubleshooting in construction and exploitation of specialized agricultural and rural development construction projects under the Ministry's state management tasks; Organize inspection of the quality of specialized construction works according to the provisions of the law; Recommend handling when detecting violations in the quality of construction works specialized in agriculture and rural development according to the provisions of the law;
- Preside and coordinate with relevant agencies and units to carry out state management of the quality of construction works in the agricultural sector and rural development according to regulations; prepare and submit to the Ministry a report on the quality situation and quality management of construction works under the Ministry's state management scope; Supervise construction quality for investment projects in the form of a build-transfer (BT contract);
- Participate in the State Acceptance Council for important national projects as assigned by the Minister. The Standing Acceptance Council at the Ministry level for projects decided by the Ministry to establish an Acceptance Council.
(8) Management of the final phase of construction investment:
- Preside over the inspection of acceptance and handover of works to the investor for projects assigned to be managed by the Ministry according to legal regulations;
- Preside over synthesizing and guiding the implementation of maintenance of construction works specialized in agriculture and rural development according to the provisions of law;
- Direct the preparation, submission, and storage of construction documents according to state regulations for projects assigned to be managed by the Ministry.
(9) Coordinate with the Planning Department to perform investment monitoring and evaluation tasks according to regulations for projects assigned to management by the Ministry.
(10) Coordinate with the Department of Finance in appraising and submitting to the Minister or competent authority for approval of the final settlement of completed construction projects assigned by the Ministry according to regulations.
(11) Carry out tasks on science, technology, the environment, and agricultural extension as assigned by the Minister and the provisions of law.
(12) Carry out economic cooperation and rural development tasks as assigned by the Minister.
(13) Organize and direct investigation, statistics, and database management in fields under the Department's management.
(14) Implement international cooperation, international economic integration, and international programs and projects according to the assignment and decentralization of the Minister and legal regulations.
(15) Implement administrative reform according to the Ministry's administrative reform programs, plans, and projects and the provisions of the law.
(16) Regarding organizational management and public service activities:
- Submit to the Ministry mechanisms and policies on public service provision; carry out socialization of public service provision activities; develop economic-technical norms, criteria, standards, mechanisms for monitoring, evaluating, quality assurance, and regulations on public service services under the management of the Department;
- Guide and inspect organizations providing public services in industries and fields according to the provisions of the law.
(17) Guide and inspect the activities of associations and non-governmental organizations under the Department's management; participate in giving opinions on the recognition of the Association's Campaign Establishment Committee and the Association's Charter according to regulations.
(18) Manage the organizational structure, civil servants, public employees, and employees according to the provisions of the law and the Ministry's management decentralization. Implement regimes, policies, emulation, rewards, discipline, training, and professional development for civil servants under the management of the Department according to regulations.
(19) Carry out specialized inspection work according to the provisions of law; Receiving citizens, resolving complaints and denunciations; prevent and combat corruption and handle violations of law; Practicing thrift and combating waste falls under the Department's management according to the provisions of law.
(20) Manage finances, assets and other assigned resources; Organize the management of collection and use of fees and charges under the Department's management according to the provisions of law.
(21) Perform other tasks as prescribed by law and assigned and decentralized by the Minister.
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