Decision No. 01/2005/QD-BGTVT on the functions, tasks, powers, and organizational structure of the Inspectorate of the Vietnam Railway Administration

Pursuant to …;

Regulations on functions, tasks, powers, and organization of the Vietnam Railways Inspectorate

THE MINISTER OF TRANSPORTATION

Pursuant to the Inspection Law No. 22/2004/QH11 dated June 15, 2004;

Pursuant to Decree No. 34/2003/ND-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the Government Decree No. 136/2004/NĐ-CP dated June 16, 2004 on the organization and operation of transport inspection;

At the proposal of the Director of the Vietnam Railways Administration and the Head of the Ministry of Transport's Inspectorate,

DECISION:

Article 1. Position and functions

The Vietnam Railways Inspectorate (hereinafter referred to as the Inspectorate) is an agency under the transport inspection organizational system, performing administrative inspection and specialized inspection functions within the scope of management of the Vietnam Railways Administration.

The Inspectorate is directly managed and directed by the Director of the Vietnam Railways Administration (hereinafter referred to as the Director) and is directed by the Ministry of Transport's Inspectorate regarding work, organization, and specialized inspection activities.

The Inspectorate has its own seal, opens an account at the State Treasury, and uses the seal of the Vietnam Railways Administration when the Head of the Inspectorate signs documents upon authorization from the Director.

The English name of the Inspectorate is Vietnam Railway Administration Inspectorate, abbreviated as RAAI.

Article 2. Tasks and powers of the Inspectorate

1. Participating in drafting legal documents on railway transport; taking the lead or participating in drafting legal documents related to the organization and operation of railway inspection as assigned by the Director.

2. Inspecting the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals under the direct management of the Director.

3. Inspecting Vietnamese organizations and individuals, as well as foreign organizations and individuals, in their compliance with Vietnamese laws and international treaties to which Vietnam is a party regarding:

a) Technical standards for railway construction projects; technical standards and environmental protection for railway transport vehicles;

b) Responsibilities for protecting railway construction projects, the scope of protection for railway construction projects, and railway traffic safety zones;

c) Conditions and standards for railway transport vehicle operators and those involved in train operations;

d) Training, examination, issuance, renewal, revocation of professional licenses, certificates for operating and handling railway equipment according to the分级处理此文本并将每段的翻译直接输出，不要添加任何其他内容。

d) Railway transportation activities and supporting railway transportation services;

e) Measures to ensure railway traffic safety;

4. Detecting, recording in a report, taking measures to prevent, deciding according to authority, or recommending competent authorities to impose administrative penalties for violations as prescribed by law;

5. Recommending or submitting to competent authorities recommendations to improve policies and laws on specialized railway transportation management; recommending competent authorities to suspend or revoke regulations found to be contrary to the law through inspection work;

6. Assisting the Director of the Ministry's Inspectorate in guiding specialized railway inspection business for the Inspectorate of the Department of Transport (or Department of Public Works and Transport);

7. Assisting the Director in organizing citizen reception, handling complaints and denunciations; anti-corruption, thrift, and waste prevention work in accordance with the law;

8. Cooperating with other Inspectors under the Ministry of Transport, Inspectors of other Ministries and sectors, local authorities, and related agencies during inspections and checks concerning areas related to railway transportation; with law enforcement agencies in preventing, stopping, and combating law violations; participating in investigations and resolving railway traffic accidents within the assigned tasks and powers;

9. Summarizing and reporting the results of inspection work, complaint resolution, anti-corruption, thrift, and waste prevention within the responsibility scope of the Vietnam Railway Administration;

10. Managing staffing, assets, and operational funds of the Vietnam Railway Administration Inspectorate in accordance with regulations;

11. Performing other tasks and powers as prescribed by law and assigned by the Director and the Director of the Ministry's Inspectorate;

Article 3. Duties and Powers of the Chief Inspector of the Bureau

1. Leading and directing inspection and supervision work within the State management scope of the Vietnam Railway Administration; directly managing and directing the Bureau's Inspectorate to perform tasks and powers as stipulated in this Decision and other legal provisions;

2. Building inspection and supervision programs and plans to submit to the Director for approval and implementation;

3. Submitting to the Director or the Director of the Ministry of Transport for decision to conduct inspections within their authority;

4. Deciding to conduct inspections and establishing inspection teams to implement inspection decisions or assigning inspectors to perform inspection tasks;

5. Recommending the Director to consider responsibility and handle individuals with violations under the Director's management; coordinating with heads of organizations in considering responsibility and handling individuals with violations under their management;

6. Recommending the Director to suspend, amend, or revoke decisions of organizations and individuals under the Director's management that are contrary to the law; if such recommendation is not accepted, reporting to the Director of the Ministry of Transport's Inspectorate;

7. Deciding to suspend or recommending competent authorities to suspend illegal actions in the specialized field against organizations and individuals when there is sufficient evidence to determine that such actions cause damage to national interests, citizens' rights and legitimate interests, or hinder the inspection process;

8. Recommending the Director or requiring relevant organizations and individuals to take necessary measures to ensure railway transportation safety conditions in accordance with current standards and regulations;

9. Drawing conclusions on the inspected matters based on the inspection team's reports when the Chief Inspector of the Bureau issues an inspection decision.

10. Impose administrative penalties according to authority or submit to the Head of the Ministry of Transport's Inspection for decision on administrative penalties in accordance with the law on handling administrative violations.

11. Perform other tasks and authorities as prescribed by law.

Article 4. Organization and Staffing

1. The assisting organizations of the Inspector General of the Bureau: Railway Inspection Board I with its headquarters located in Hanoi City; Railway Inspection Board II with its headquarters located in Da Nang City; Railway Inspection Board III with its headquarters located in Ho Chi Minh City and inspection teams operating regionally.

The Railway Inspection Boards shall be established, reorganized, or dissolved by the Minister of Transport upon the proposal of the Bureau Director and the Inspector General of the Ministry. The inspection teams shall be established, reorganized, or dissolved by the Bureau Director. The Bureau Director shall specify the specific tasks and scope of operation of the Railway Inspection Boards and inspection teams in accordance with the assigned tasks and legal provisions.

The Railway Inspection Boards and inspection teams shall have offices and seals for their operational activities. Railway Inspection Boards and inspection teams located far from the headquarters of the Bureau Inspector shall open accounts to receive funds for regular operations.

2. The Bureau Inspector consists of the Inspector General, Deputy Inspector Generals, Board Directors, Deputy Board Directors, Team Leaders, Deputy Team Leaders, Inspectors, specialists, clerical staff, and employees.

The Inspector General of the Bureau shall be appointed or relieved of duty by the Bureau Director after reaching a consensus with the Inspector General of the Ministry of Transport in writing. Deputy Inspector Generals of the Bureau, Board Directors, and Deputy Board Directors shall be appointed or relieved of duty by the Bureau Director based on the proposal of the Inspector General of the Bureau. Team Leaders and Deputy Team Leaders shall be appointed or relieved of duty by the Inspector General of the Bureau.

Inspectors shall be appointed or relieved of duty in accordance with the regulations of the Minister of Transport.

3. The staffing of the Bureau Inspector belongs to the administrative staffing of the Vietnam Railway Administration allocated annually by the Minister of Transport.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect fifteen days after its publication in the Official Gazette, all previous regulations contrary to this Decision shall be abolished.

2. The Heads of the Office, the Inspector General of the Ministry, the Director of the Vietnam Railway Administration, the Heads of agencies, organizations, and related individuals are responsible for implementing this Decision./.