Decision No. 02/2005/QD-BGTVT stipulates the functions, tasks, powers, and organizational structure of the Inspectorate of the Vietnam Inland Waterways Administration (Inspectorate of the Inland Waterways Administration).

DECISION OF THE MINISTER OF TRANSPORT

Regulations on functions, tasks, powers, and organization

of the Vietnam Inland Waterways Inspection Agency

THE MINISTER OF TRANSPORTATION

Based on the Inspection Law No. 22/2004/QH11 dated June 15, 2004;

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

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

At the proposal of the Director of the Vietnam Inland Waterways Administration and the Chief Inspector of the Ministry of Transport,

DECISION:

Article 1. Position and functions

The Vietnam Inland Waterways Inspection Agency (hereinafter referred to as the Inspection Agency) is an agency under the system of transport inspection organizations, performing administrative inspection and specialized inspection functions within the scope of management of the Vietnam Inland Waterways Administration.

The Inspection Agency is directly managed and directed by the Director of the Vietnam Inland Waterways Administration (hereinafter referred to as the Director) and directed regarding work, organizational activities of inspection by the Inspectorate of the Ministry of Transport.

The Inspection Agency has its own seal, opens an account at the State Treasury, and uses the seal of the Vietnam Inland Waterways Administration when the Chief Inspector of the Agency signs documents upon delegation from the Director.

The Inspection Agency's name in English is Vietnam Inland Waterways Administration Inspectorate, abbreviated as IWAI.

Article 2. Tasks and powers of the Vietnam Inland Waterways Inspection Agency

1. Participating in drafting draft normative legal documents on inland waterway transport; taking the lead or participating in drafting draft normative legal documents related to the organization and operation of inland waterway inspection agencies according to the assignment of 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 of infrastructure works in inland waterway transport, including inland waterways; inland waterway ports, wharfs, levees, traffic dams, and other auxiliary works;

b) Responsibilities for protecting infrastructure works in inland waterway transport;

c) Standards and procedures for quality and technical safety inspections of inland waterway vessel testing facilities; technical safety and environmental protection standards of inland waterway transport vessels and equipment according to classification;

d) Ensuring traffic safety during construction of works, exploitation of minerals, and other activities on operational inland waterways;

đ) Conditions and standards for inland waterway vessel crew members, drivers, and operators of specialized equipment in inland waterway transport;

e) Training, examination, certification issuance for inland waterway vessel crew members and drivers;

g) Inland waterway transport operations and supporting services according to classification.

4. Detecting, recording, taking measures to prevent, deciding according to authority, or recommending competent authorities to impose administrative penalties according to the law.

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

6. Assisting the Chief Inspector of the Ministry of Transport in guiding specialized inspection business of inland waterway transport for Provincial Transport Inspectorates (or Provincial Public Works and Transport Departments).

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

8. Cooperating with other Ministry of Transport inspection agencies, inspection agencies of other ministries and sectors, local governments, and relevant agencies during inspection and supervision in areas related to inland waterway transport; cooperating with law enforcement agencies in preventing, stopping, and combating violations of law within the scope of assigned tasks and powers.

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

10. Managing staffing, assets, and operating funds of the Inspection Agency according to regulations.

11. Performing other tasks and powers stipulated by law and assigned by the Director and the Chief Inspector of the Ministry.

Article 3. Tasks and powers of the Chief Inspector of the Agency

1. Leading and directing inspection and supervision work within the scope of management of the Vietnam Inland Waterways Administration; directly managing and directing the Inspection Agency to perform tasks and powers according to this Decision and other legal provisions.

2. Building inspection programs and plans to submit to the Director for approval and organizing their implementation.

3. Submitting to the Director for decision on inspection according to authority.

4. Deciding on inspection and establishing inspection teams to implement inspection decisions or assigning inspectors to perform inspection tasks.

5. Recommending the Director to consider responsibility and handle persons violating within the Director's management authority; coordinating with heads of agencies and organizations in considering responsibility and handling persons violating within their management authority.

6. Recommending the Director to suspend execution, amend, or revoke decisions contrary to the law made by agencies, organizations, and individuals under the Director's management; if such recommendation is not accepted, report to the Chief Inspector of the Ministry of Transport.

7. Deciding to stop or recommending authorized persons to stop specialized illegal acts by agencies, organizations, and individuals when there is sufficient evidence that such acts cause damage to national interests, citizens' rights and legitimate interests, or obstruct the inspection process.

8. Recommend the Director to request relevant organizations and individuals to take necessary measures to ensure inland waterway transport safety conditions.

9. Base on the inspection report of the Inspection Team to conclude on the inspected content for cases where the Director of the Inspection Department 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 inspection department's support organization of the Director includes the Southern Inland Waterways Inspection Board, headquartered in Ho Chi Minh City, and inspection teams operating in specific areas.

The Southern Inland Waterways Inspection Board is established, reorganized, or dissolved at the proposal of the Director and the Director of the Ministry of Transport. Inspection teams are established, reorganized, or dissolved by the Director. The Director specifies the specific tasks and scope of activities of the Inspection Board and Inspection Teams in accordance with assigned tasks and legal provisions.

The Inspection Board and Inspection Teams have offices and seals for their operations. Inspection Boards and Inspection Teams located far from the headquarters of the Inspection Department may open accounts to receive funds for regular activities.

2. The Inspection Department consists of the Director of Inspection, Deputy Directors of Inspection, Heads of Departments, Deputy Heads of Departments, Team Leaders, Deputy Team Leaders, Inspectors, specialists, clerks, and staff.

The Director of the Inspection Department is appointed or relieved of duty by the Director after reaching consensus with the Director of the Ministry of Transport in writing. Deputy Directors of the Inspection Department, Heads of Departments, and Deputy Heads of Departments are appointed or relieved of duty by the Director based on the recommendation of the Director of the Inspection Department. Team Leaders and Deputy Team Leaders are appointed or relieved of duty by the Director of the Inspection Department.

Inspectors are appointed or relieved of duty according to the regulations of the Minister of Transport.

3. The staffing of the Inspection Department belongs to the administrative staffing of the Vietnam Inland Waterways Administration allocated annually by the Minister of Transport.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect fifteen days after its publication in the Official Gazette, all previous provisions contrary to this Decision are abolished.

2. The Head of the Office, the Director of the Ministry's Inspection Department, the Director of the Vietnam Inland Waterways Administration, heads of agencies, organizations, and related individuals are responsible for implementing this Decision./.