Laws of Vietnam

DECISION No.184-TTg ON THE 27TH OF MARCH, 1995 OF THE GOVERNMENT ON INVESTMENT IN THE PROJECT "RESTORING AND DEVELOPING IRRIGATION WORKS IN CENTRAL VIETNAM AND HO CHI MINH CITY"

THE PRIME MINISTER

Article 1.- To invest in the project "Restoring and developing irrigation works in Central Vietnam and Ho Chi Minh City" with the following contents :

1. Name of the project: "Restoring and developing irrigation works in Central Vietnam and Ho Chi Minh City".

2. Aim of the project: Restoring and upgrading 5 irrigation works which have long been in operation (Cam Thuy, southern Nghe An, Linh Cam, An Trach, and Dong Cam); and investing in 2 major irrigation systems currently under construction (Thach Nham and Hoc Mon - northern Binh Chanh) with the aim of maintaining stable irrigation for 70,000 hectares, 32,600 hectares more than before the implementation of the project.

3. Scope and scale of the project : The project is composed of 7 small projects of 7 irrigation systems in 7 provinces, namely :

- The Cam Thuy system in Thanh Hoa province,

- The southern Nghe An system in Nghe An province,

- The Linh Cam system in Ha Tinh province,

- The An Trach system in Quang Nam - Danang province,

- The Dong Cam system in Phu Yen province,

- The Thach Nham system in Quang Ngai province,

- The Hoc Mon - northern Binh Chanh system in Ho Chi Minh City.

4. Investment capital for the project:

- Total investment: 121,629,000 USD

Including:

81,080,000 USD lent by the World Bank (not counting the loan for investment in irrigation systems for areas of under 150 hectares).

- The remainder of the investment capital shall be supplied by corresponding domestic sources.

The level of investment capital for each project shall be officially determined, when considering the decision to invest in the feasibility project of each small system (with the level of foreign capital being the ceiling level).

5. The construction of projects and the purchase of equipment must be conducted through bidding, in order to save materials and investment capital, and raise the quality of the project.

6. On the basis of the Land Law and other stipulations currently in force, the People's Committees of various localities shall have to work with the Ministry of Water Resources, to help in the resettlement of the people living in the project areas, according to the plan for resettlement of the population, Part 1, made by the Ministry of Water Resources in Documents No.345/CV-KH on the 8th of March, 1995, and No.2357/CV-KH on the 3rd of November, 1994.

7. The maximum duration for implementation of the project is 5 years, beginning from the date when the capital is granted.

Article 2.- Assignment of tasks:

1. The State Planning Committee shall have to work with the Ministry of Finance, the Ministry of Water Resources and the branches concerned, to ensure a balanced distribution of capital for the project.

2. The Ministry of Finance shall have to balance its budget to supply corresponding capital for the project as required by the studies already ratified, and to repay the loan granted to this project when it is due, in conformity with international commitment on borrowing and repayment.

3. The Ministry of Water Resources, who is the manager of the project, has the following tasks:

- Pursuant to the pre-feasibility project already ratified, directing the drawing up of feasibility projects into separate dossiers, considering and ratifying them in accordance with the current regulations on investment and construction management, and ensuring that the total cost shall not exceed the total investment capital mentioned in Item 4, Article 1, of this Decision.

- Organizing the execution of the project, providing technical guidance for the construction of the project, ensuring the quality and construction tempo of the project, and that the project is built in accordance with the specified regime, tested on completion with a statement of accounts, and put into efficient operation.

4. The People's Committees of the provinces and cities, where the small projects are located, shall have to cooperate with the Ministry of Water Resources and the Ministry of Finance, in preparing the supply of corresponding capital for investment in a uniform construction of the part of the project within the fields, organizing the resettlement of the population, and paying compensations for them, in order to ensure the completion and efficient operation of the system.

Article 3.- This Decision takes effect from the date of its signing; the Minister of Water Resources, other Ministers, the Heads of ministerial-level agencies, the Heads of the agencies attached to the Government, and the Presidents of the People's Committees of the provinces and cities concerned shall have to implement this Decision.

For the Prime Minister

Deputy Prime Minister

TRAN DUC LUONG