DIRECTIVE OF THE MINISTER OF TRANSPORT

On Strengthening Inspection and Supervision Work

In the Transport Industry

Pursuant to the Inspection Law dated April 1, 1990, and Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport, the Ministry of Transport has issued inspection and supervision plans annually for the entire industry. As a result, inspection and supervision work in recent years has shown significant positive changes. In 2003, agencies and units carried out inspections and supervisions on investment construction and financial affairs of enterprises quite effectively. These inspections and supervisions have helped the Ministry supplement, amend, and perfect institutional mechanisms, policies, and laws governing the industry, enhance the effectiveness of state management, promptly rectify violations, contribute to promoting and enhancing the efficiency of production and business management at grassroots units.Article is mainly carried out by enterprises. The inspection and supervision have helped the Ministry to supplement, amend, and perfect institutional mechanisms, policies, and laws for industry management, enhancing the effectiveness of state administration by the Ministry, promptly correcting violations, and contributing to promoting and improving the efficiency of production and business management at grassroots units.

However, alongside these achievements, there are still some limitations in inspection and supervision work in the transport industry: the establishment and implementation of self-inspection plans by some agencies and units are slow, not comprehensive enough to cover the scope of their own management and the guidance of the Ministry of Transport; specialized administrative management departments have not fully implemented inspection and supervision within their jurisdiction; heads of agencies and units have not allocated sufficient staff to conduct inspections and supervisions as required by law; conclusions from inspections and supervisions are not thorough, fail to clearly identify individual violations, and remain general recommendations without specific details; handling of errors and violations before and after inspections and supervisions is not resolute and timely; reporting work does not comply with regulations. In recent times, some agencies and units have neglected supervision work, leading to serious violations of state regulations.

To strengthen inspection and supervision work in accordance with the law, to promote achieved results, address existing issues, and effectively implement the Ministry of Transport's inspection and supervision plan for 2004 issued together with Decision No. 4002/QĐ-BGTVT dated December 30, 2003 (hereinafter referred to as Decision 4002), the Minister of Transport directs:

1. Heads of agencies and units under the Ministry must review and improve the organization, allocate personnel for inspection and supervision work:

a) Directors of the Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Waterway Administration, Vietnam Maritime Administration, and Vietnam Civil Aviation Administration must review, arrange, and supplement personnel with good moral character and high professional qualifications to perform inspection functions within the scope of their administrative management.

b) Director of the Vietnam Technical Inspection Administration, Director of the Quality Control and Management Administration of Transport Construction Projects must assign dedicated personnel to assist the Director in performing inspection and supervision functions within the scope of their administrative management. Male, the Director of the Department of Inspection and Quality Management of Transport Works must assign dedicated staff to assist the Director in performing inspection and supervision functions within the scope of the Department's administrative management.

c) Heads of public institutions (Institute, School, Project Management Board, Transport News, Transport Magazine, Transport Publishing House, Information Center, Health Service of Transport) and General Directors, Directors of enterprises under the Ministry must allocate personnel responsible for inspection work at their units. The person in charge of inspection work must hold a position of Deputy Director or higher, with the responsibility to help the head of the agency or unit develop inspection plans, organize implementation, summarize, and report according to regulations. The decision assigning personnel responsible for inspection work (in the prescribed format) shall be submitted to the Ministry (through the Ministry Inspectorate) in the first quarter of 2004.

2. Heads of agencies and units must urgently implement the 2004 inspection and supervision plan, specifically as follows:

a) Administrative agencies managing transport operations, when developing detailed inspection plans, need to expand the scope of inspection and supervision to include individuals and organizations directly subordinate and those from all economic sectors involved in activities within the scope of specialized transport administration according to the level of management.

b) The Ministry Inspectorate and Departments, based on their assigned functions and tasks, shall implement the Ministry of Transport's inspection and supervision plan issued together with Decision No. 4002.

c) Departments and units under the Ministry, based on the Ministry of Transport's inspection and supervision plan issued together with Decision No. 4002 and their assigned functions and tasks, shall develop detailed inspection and supervision plans for their units. The number of inspections and supervisions must double that of 2003. Detailed plans must be reported to the Ministry according to the deadline set in Decision No. 4002.

d) Directors of Provincial Transport Departments, Public Works and Transport Departments must base on specific requirements for national management of transport operations in their localities and Decision No. 4002 to urgently establish detailed inspection and supervision plans and report to the Ministry of Transport as stipulated.

e) Heads of public institutions and enterprises under the Ministry:

Must recognize inspection work as a regular part of management, production, and operational direction at their units.

Self-inspect investment construction projects of their units (infrastructure development, asset procurement, investment to increase production capacity...) and conduct inspections on subordinate units.

Self-inspect the finances of their units and conduct inspections on subordinate units, paying particular attention to the inspection of contracting and supply management; inspect the implementation of Government Decree No. 10/2002/NĐ-CP dated January 16, 2002 at their units (for public institutions with revenue).

Agencies and units designated for independent auditing must urgently sign contracts with competent independent auditing organizations to conduct audits.

3 ||| Regarding the Implementation of Procedures and Formalities When Conducting Inspections or Supervisions.

The heads of agencies and units must issue decisions to establish inspection teams or appoint inspectors and specialists to conduct inspections and audits; they must regularly direct such activities to ensure compliance with legal regulations. Upon completion of inspections and audits, the inspection teams must issue written conclusions, which must clearly state the general situation of the inspected agency or unit, the results of evidence collection, evaluations of strengths and weaknesses, correctness and errors, determination of individual responsibility for mistakes and violations, causes, and recommendations for administrative, economic penalties, and improvements to industry management mechanisms, policies, and legal provisions.

4. On handling during and after inspections and audits.

During the inspection process, inspection teams or inspectors must promptly address or recommend measures against violations according to legal regulations. Upon issuing inspection and audit conclusions, the heads of agencies and units must take corrective actions and impose strict and timely penalties. Inspection agencies or individuals responsible for audit work must monitor the implementation of inspection and audit conclusions.

5. On complaint resolution, accusation handling, anti-corruption, thrift, and waste prevention.

a) The heads of agencies and units must fully comply with laws on anti-corruption, thrift, and waste prevention. They must integrate inspection and audit work with anti-corruption, thrift, and waste prevention efforts within their own agencies and subordinate units.

b) Complaint resolution and the verification of legal compliance in complaint resolution are ongoing tasks for all agencies and units. Agencies and units must adhere to the principle of resolving complaints at the grassroots level without allowing them to escalate or persist.

6. On reporting work.

The heads of agencies and units must strictly implement and be accountable to the Ministry for regular reporting on inspection and audit activities. The Minister of Inspection of the Ministry is assigned to oversee this work, and if any head fails to fully report and make recommendations for disciplinary action according to regulations, the Minister will handle it.

7. Assign the Minister of Inspection of the Ministry to direct and inspect agencies and units in implementing inspection and audit plans and requirements set forth in this Directive.

The heads of agencies and units must urgently implement this Directive and periodically report to the Ministry on its implementation (through the Ministry's Inspection Office for consolidation).

Decision of...... (2)

On the assignment of officials to handle inspection work

----------------

........................(3)

Based on Decision number... (4)

Based on the Regulation on the organization and operation of inspection of the Ministry of Transport issued together with Decision number 1151/QĐ-TTr dated June 12, 1993 by the Minister of the Ministry of Transport;

Based on Directive number 02/2004/CT-BGTVT dated March 02  the  2004 of the Minister of the Ministry of Transport on strengthening inspection and audit work in the transport sector;

Pursuant to the proposal of ... (5),

DECISION:

Article 1. Assign Mr./Ms.... (6) to assist ... (7) in handling inspection work of ... (8).

Article 2. Mr./Ms.... has the following duties and powers ... (9)

1. Tasks

2. Powers.

Article 3. (Implementation) ... (10)