Conditions for establishing a project management board in Vietnam
Conditions for the establishment and organizational structure of the project management board. When the project management board established? In any case, a specialized project management board may be established. LSX Lawfirm will give you an article about: “Conditions for establishing a project management board in Vietnam”, as follows:
Legal grounds
- Circular No. 16/2016/TT-BTC
Conditions for establishing a project management board in Vietnam
For projects in specialized fields or lines of work in the same area, the head of a ministerial-level agency, minister or chairperson of the provincial-level People’s Committee, or maybe the president of the People’s Committee, for enterprises. state, the competent person will make a decision to establish a regional or specialized project management board.
Thus, when there specialized works or works in the locality, a project committee established. The establishment of the project decided by a competent entity depending on the category of that work.
The regional or specialized project management units assigned to implement the investor of a number of projects and conduct management as well as perform project management consulting when necessary and have the following responsibilities:
- Exercising the right to: and the investor’s obligations such as planning and conducting project management when meeting all conditions, is allowed to request relevant agencies to provide documents and information related to the project, has the function enter into a contract with the contractor, as well as have the authority to establish, organize, manage or dissolve the Project Management Board within its jurisdiction.
- In addition, they also directly managed for the project assigned by the investor, after completing the project, perform the task of handing over the work to the agency, have the ability to conduct management as well as operate and exploit the project. exploitation of the works.
Besides, we also perform project management consultancy for other projects when required by competent state agencies.
Organizational form of the project management board
The implementation of an investment project depends on the large or small scale, the nature of the project as well as the capital available to the investor, the feasible conditions for implementation, and the investor will decide to apply one of the following forms: following methods as appropriate for the purpose of the project.
The regional or specialized construction investment project board applied to projects using state capital rather than private capital or specialized projects using capital of economic groups or companies belonging to the state.
For works funded by state capital with a scale of group A, including special works, using and applying high technologies as certified in writing by the Minister of Science and Technology, in addition to: projects related to state secrets or national security also applied to the Construction Investment Project Management Board.
Besides
It is also possible to use the form of hiring project management consultants rather than setting up a project management board for projects that do not use state capital, projects of individual or specific nature.
For small-scale repair or renovation projects, projects with the participation of the local community, the investor will use the affiliated apparatus that specializes in that field to implement the project.
However, when operating in the above forms, it is necessary to have the capacity conditions as prescribed allowed to organize the implementation.
+) The specialized or regional construction project management unit may perform project management according to the administrative division or may be on the same alignment; belong to the same major, or manage the use of ODA capital, sponsor.
In addition, the project management board has full legal status, has its own seal, allowed to open accounts at state treasuries and commercial banks, and is responsible before law within its jurisdiction.
+) The investment management board of a case project with a special program, using state capital, applying science and technology to the implementation. For this project management board, there is a seal and also a separate account, which can perform tasks as authorized.
Organizational structure of the project management board
Firstly
+) The organizational structure of regional and specialized project management boards is specified in the provisions of Circular 16/2016TT-BXD guiding the implementation of a number of articles of Decree 59/2015ND-CP on regulations on construction investment project management organization as follows:
– The project management board consists of a number of departments as follows: First, there must be a Board of Directors, an operation office and a number of departments according to each function; task; and departments presently. During the operation period, depending on the scale and conditions of the project as well as the quantity; the competent entity can organize affiliated departments to perform each function and task in combination with the assigned tasks to submit to the competent person to decide on the establishment of the Project Management Board to decide the number of departments.
– Regarding the personnel of the Project Management Board: The person competent to establish the Project Management Board will have the authority to appoint or dismiss the Director; Deputy Director or Chief Accountant of the Project Management Board.
In addition
The director of the project management board has the authority to decide to appoint or dismiss the officials of the project management board; to recruit and use them in accordance with regulations prescribe the duties of the affiliated departments, supervise the activities of the management board so as not to cross-plant in the performance of the investor’s functions.
There is also a Project Management Director; which is a title in the project management specialty; appointed or dismissed by the Director of the Project Management Board according to regulations; will be arranged to work in the departments of Project Management.
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Related questions
The director of the project management board must meet the following conditions: a Class I project manager must have a Class I design practice certificate, in addition, have a Class I construction supervision certificate, and have worked as a project commander. Class I construction site supervisors. Class II project managers need a Class II design certificate, a Class II construction supervisor, a Class II project leader, a group project manager, or a C. in case the third-class project director has a class-b certificate of construction supervision design, the chief commander of the third-class works.
The specialized construction investment project management board is the management board for projects using state budget capital or non-budget state capital funded by ministers, heads of ministerial-level agencies, and government-attached agencies. , the central authority of political organizations and socio-political organizations, the President of the Provincial People’s Committee, the President of the District People’s Committee decides the investment, the investor
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