Circular No. 02/2008/TT-BGTVT guiding certain provisions on inspectors, collaborators, and the issuance of traffic inspection cards

CIRCULAR

Guidelines for certain provisions on inspectors,

collaborating officers and issuance of traffic inspection cards

Implementing Decree No. 136/2004/ND-CP dated June 16, 2004 of the Government on the organization and operation of traffic inspection and Decree No. 100/2007/ND-CP dated June 13, 2007 of the Government on inspectors and collaborating officers;

To strengthen organizational structure, enhance specialized inspection activities in the field of transportation at central and local levels to meet current state management requirements for transportation;

After receiving unified opinions from the Government Inspectorate and the Ministry of Home Affairs, the Ministry of Transport provides guidelines for certain provisions regarding inspectors, collaborating officers, and the issuance of traffic inspection cards as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular specifically guides the professional standards for traffic transport inspectors (hereinafter referred to as Inspectors), policies for building inspection forces; standards, benefits, duties, and powers of collaborating officers in traffic transport inspections (hereinafter referred to as Collaborating Officers); conditions, standards, procedures for issuing traffic inspection cards (hereinafter referred to as Inspection Cards).

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

This Circular applies to central and local state management agencies in the field of transportation, inspection organizations, Inspectors, Collaborating Officers, and related organizations and individuals.

3. Inspectors and Inspector Ranks

a) An Inspector is a civil servant appointed to the Inspector rank to perform inspection tasks and specialized inspection tasks concerning safety and security according to Vietnamese laws and international treaties to which Vietnam is a member (including inspection tasks at Maritime Port Authorities and Civil Aviation Port Authorities). Inspectors are provided with uniforms, insignias, badges, and Inspector Cards to carry out their inspection duties.

b) Inspectors include the following ranks:

- Inspector;

- Senior Inspector;

- Senior Inspector (High Rank).

II. POLICIES FOR BUILDING INSPECTION FORCES IN THE TRANSPORTATION SECTOR

THAN TRA GIAO THONG VAN TAI

1. Annually, the Chief Inspector is responsible for drafting and submitting to the head of the state management agency at the same level the staffing structure for civil servants in these ranks as a basis for recruitment, deployment, utilization, appointment, training, and upgrading of inspection cadres and civil servants.

2. Regarding recruitment:

a) Priority shall be given to recruiting individuals who have graduated from regular university programs in the specified majors under point a, Clause 1, Part III of this Circular; they must have good or excellent academic results, hold a bachelor's degree in a relevant major, and possess strong foreign language and computer skills.

b) Recruitment agencies may supplement conditions as necessary to suit the specific characteristics of the industry and the professional structure within the inspection organization. The supplementation of conditions shall be carried out in accordance with the Cadre and Civil Servant Law and the guiding documents issued by the Government, the Ministry of Home Affairs, and this Circular.

3. Regarding deployment and utilization:

a) Each Inspection Team of the Road Transport Inspectorate, Railway Inspectorate, Inland Waterway Inspectorate, Provincial Transport Inspectorate, and Provincial Public Works Inspectorate must deploy at least two (02) Inspectors. In cases where Inspectors need to be transferred or due to special reasons that prevent the timely deployment of at least two (02) Inspectors, such deployment must be completed within twelve months.

b) When deploying cadres, it is necessary to ensure a reasonable professional structure within the inspection organization to fulfill assigned tasks. Besides the Inspector rank, other cadre ranks such as clerical staff and specialists (if applicable) can be deployed, and the deployment should follow the guidance provided in point a, Clause 1, Part III of this Circular.

c) Directors of Civil Aviation Port Authorities and Maritime Port Authorities must deploy personnel with appropriate qualifications and expertise to perform inspection and specialized inspection tasks according to the delegated authority.

4. Regarding appointment to positions:

a) From the date this Circular takes effect, the following appointments will not be made or renewed:

- Individuals with a qualification below the bachelor's degree in the specified major under point a, Clause 1, Part III of this Circular for the positions of Chief Inspector and Deputy Chief Inspector of the Ministry, Chief Inspector and Deputy Chief Inspector of the Bureau, Head and Deputy Head of the Bureau's Inspection Department, Chief Inspector and Deputy Chief Inspector of the Provincial Department;

- Individuals with a qualification below the college level in the specified major under point a, Clause 1, Part III of this Circular for the positions of Team Leader and Deputy Team Leader of the Inspection Teams under the Road Transport Inspectorate, Inland Waterway Inspectorate, Railway Inspectorate, Provincial Transport Inspectorate, and Provincial Public Works Inspectorate.

b) As of January 1, 2011, only individuals with a bachelor's degree in the specified major under point a, Clause 1, Part III of this Circular will be eligible for appointment or reappointment to positions from Deputy Team Leader upwards in the traffic transport inspection force.

c) Priority will be given to appointing or reappointing positions in the traffic transport inspection force to those already appointed to the Inspector rank.

5. Regarding training and upgrading:

a) Cadres and Inspectors must self-study to improve their qualifications and work skills; they should be provided opportunities to study to upgrade their professional qualifications; they should be trained and upgraded domestically or internationally.

b) Priority should be given to training young cadres, cadres from remote areas, and those with learning potential and development prospects.

III. INSPECTORS AND THE ISSUANCE OF INSPECTOR CARDS

1. On Standards and Conditions for Appointing Inspectors

The appointment of Inspectors must comply with the general criteria stipulated in Article 31 of the Inspection Law, among which some specific professional criteria are understood as follows:

a) For bachelor's degree (or equivalent bachelor's degree for military officers transferring to civilian service) must be in one of the following majors: transportation, construction, architecture, mechanical engineering, information technology, telecommunications, law, economics, finance.

b) Regarding inspection skills, they must hold one of the following certificates:

- Inspection skills certificate issued by the Inspector Training School under the Government Inspectorate.

- A specialized traffic inspection business certificate issued by a training institution under the Ministry of Transport;

- A specialized inspection business certificate issued by a foreign organization according to an international convention to which Vietnam is a member.

c) Hold a state management program specialist certificate; hold a level A foreign language certificate (if they are from an ethnic group and know their ethnic language, they are exempted from this certificate); hold a level A computer skills certificate.

d) Have at least two years of inspection work experience for newly recruited personnel in the inspection sector (excluding probationary period); in cases where they are transferred from administrative units with specialized management functions to state inspection agencies, they must have at least one year of inspection or specialized inspection work experience.

e) Hold a health certificate issued by a general hospital (district level or higher) confirming that they are fit to work normally.

2. Inspection Officer Card

a) The Inspection Officer Card is used to identify the legal status of an Inspection Officer when performing inspection and specialized inspection duties as prescribed by Vietnamese law and international treaties to which Vietnam is a member.

Officials appointed to inspection positions (Inspection Officers, Senior Inspection Officers, Advanced Inspection Officers) shall be issued an Inspection Officer Card.

b) Authority to issue Inspection Officer Cards:

- The Minister of Transport shall issue Inspection Officer Cards to Inspectors under the Ministry's Inspectorate, Inspectors under the Ministry's Bureaus, and Inspectors stationed at Maritime Port Inspection Units and Civil Aviation Port Inspection Units.

- The Chairman of the People's Committee of provinces and centrally-administered cities shall issue Inspection Officer Cards to Inspectors under the Provincial Department of Transport and the Department of Transport and Public Works.

c) The model of the Inspection Officer Card and the management and use of the Inspection Officer Card shall be carried out in accordance with Circular No. 2313/2007/TT-TTCP dated October 26, 2007, of the Government Inspectorate.

d) Information on the Inspection Officer Card for specialized transportation inspection shall be translated into English to facilitate the performance of official duties towards foreign individuals and comply with international practices.

IV. ASSOCIATES AND REGIME FOR ASSOCIATES

1. Associates

a) An Associate is a person with expertise and vocational qualifications suitable for the tasks of transportation inspection, who is summoned by a state management agency for transportation or a transportation inspection agency to perform inspections.

b) To fulfill assigned tasks and align with international practices, the Minister of Transport and the Directors of specialized transportation management Bureaus may summon foreign experts as Associates to conduct inspections when necessary. Summoning foreign experts can only be done when Vietnamese personnel cannot meet the required professional qualifications and conditions stipulated in international treaties to which Vietnam is a member.

2. Specific Standards for Associates

In addition to the standards set forth in Article 16 of Decree No. 100/2007/NĐ-CP, Associates must also meet the following standards:

a) Hold a bachelor's degree in a relevant field suitable for the inspection content; understand and have experience in the transportation industry.

b) For Associates summoned to join Inspection Teams involving deep technical content, in addition to the standards set forth in point a of this clause, they must have worked in the transportation industry (domestically or internationally) for at least three years.

c) For foreign experts serving as Associates, in addition to the standards set forth in point a of this clause, they must also meet the following conditions:

- Be reviewed by the inspection agency regarding their professional requirements before being summoned;

- Possess professional qualifications meeting the requirements and conditions stipulated in international conventions related to the transportation industry to which Vietnam is a member or according to international practices.

3. Duties and Authorities of Associates

a) The duties and authorities of Associates shall be implemented according to Article 18 of Decree No. 100/2007/NĐ-CP;

b) In addition to the duties and authorities specified in point a of this clause, foreign experts serving as Associates shall also have the following duties and authorities:

- Study Vietnamese laws related to assigned tasks.

- Regularly report on their work as required by the inspection agency using their services.

- During the inspection process, provide urgent recommendations to the inspected entity to ensure safety and security, and immediately report these recommendations to the inspection agency and local administrative bodies.

- Perform other duties and authorities when authorized by a competent authority in accordance with the law (if applicable).

- Adhere to regulations related to foreigners working for the Socialist Republic of Vietnam.

4. Regime for Associates

a) Regime for Associates belonging to state staff or working in state agencies and units

During the time participating in Inspection Teams, Associates shall enjoy the following benefits:

- Receive full salary from the direct managing agency, and travel expenses from the agency summoning them;

- Be provided with necessary working conditions and equipment by the summoning agency;

- Receive specialized training in transportation inspection;

- Be eligible for rewards according to the law on rewards.

b) Regime for foreign experts serving as Associates

- Be provided with necessary working conditions and equipment by the summoning agency;

- Receive training on Vietnamese laws;

- Be compensated commensurate with the work performed and results achieved.

c) Costs for foreign experts serving as Associates shall be decided by the Minister of Transport and the Directors of specialized transportation management Bureaus in accordance with state regulations.

5. Management of Associates

a) Transportation inspection agencies are responsible for managing Associates during the summoning period; implementing regimes and policies for Associates as prescribed; planning training and professional development for Associates.

b) The Traffic Inspection Authority, the Head of the Inspection Team, and the Inspectors shall independently manage the Collaborators during the inspection process; at the conclusion of the inspection, they shall provide comments and evaluations and submit their observations and assessments regarding the Collaborators to the management authority of the Collaborators.

c) The Heads of Inspection Authorities at all levels shall be responsible for establishing or submitting to the competent authority for establishment of a system of Collaborators in agencies and units operating in the field of traffic transport and at grassroots level to monitor the situation, exchange information to serve inspection work or to summon them for conducting inspections when necessary.

V. INSPECTION CARDS AND THE ISSUE OF INSPECTION CARDS

1. Inspection Cards

a) Inspection Cards are used to determine the legal status of officers, civil servants, and staff of traffic transport inspection authorities when performing inspection tasks, compiling administrative violation records in accordance with the law. Strictly prohibit the use of Inspection Cards for personal purposes.

b) Size, Content, Color, and Design of Inspection Cards

- Size: Width 61 mm, length 87 mm;

- Color and design: Front side pink color, with anti-counterfeiting designs; back side bright red color;

- Content on the front side of the Inspection Card: National Emblem, name of the card, name of the person holding the card, organization where the cardholder works, photograph of the cardholder, two diagonal red stripes, bright red color, location, date of issuance, signature and stamp of the issuer, validity period of the card;

- Below the Vietnamese text, there is English text, which is smaller in size than the Vietnamese text.

2. Validity Period of Inspection Cards: Inspection Cards have a validity period of five years from the date of issuance.

3. Blank Inspection Cards

a) The Ministry's Inspection Authority shall uniformly print, manage, and distribute blank Inspection Cards to traffic transport inspection authorities at all levels.

b) The budget for printing blank Inspection Cards shall be provided by the state budget according to the approved budget estimate.

4. Conditions and Standards for Issuing Inspection Cards

a) Inspection Cards shall be issued to officers, civil servants, and staff (excluding those specified in Clause 3, Section I of this Circular) who are part of the establishment and currently working at traffic transport inspection organizations and Port Management Units for Waterway Transport and Civil Aviation (having a Decision assigning inspection and specialized supervision tasks from the Director of the Port Management Unit).

b) Possess good moral qualities, sense of responsibility, honesty, fairness, impartiality, and objectivity;

c) Graduated from a college level or higher in one of the following majors: traffic transport, construction, architecture, mechanical engineering, information technology, telecommunications, law, economics;

d) Received training in specialized traffic transport inspection business in Vietnam or abroad;

đ) Have health conditions ensuring the completion of assigned tasks.

5. Competence; Procedures and Formalities for Issuing Inspection Cards

a) The Head of the Ministry of Transport's Inspection Authority decides to issue Inspection Cards to officers, civil servants, and staff under the Ministry's Inspection Authority, the Ministry's Inspection Bureaus, and Port Management Units for Civil Aviation and Waterway Transport; the Department Director decides to issue Inspection Cards to officers, civil servants, staff, and employees under the Department's Inspection Authority.

b) Documents for issuing Inspection Cards:

- A list of individuals eligible for Inspection Cards prepared by the direct managing authority of the cardholders, including: full name, date of birth, position, place of work, professional qualifications, and courses attended;

- Certified copies of diplomas and certificates;

- Decision on assignment of duties by the Port Management Unit Director (for staff working at Port Management Units for Waterway Transport and Civil Aviation).

6. Revocation of Inspection Cards

a) The authority that issues the cards has the right to decide on revoking Inspection Cards;

b) Decisions to revoke Inspection Cards if any of the following circumstances apply:

- Civil servants and staff of traffic transport inspection authorities are disciplined with dismissal or termination;

- Civil servants and staff of traffic transport inspection authorities transfer to non-inspection agencies, retire, die, or go missing;

- Inspection Cards were issued in violation of regulations;

- Other cases as prescribed by law.

VI. IMPLEMENTATION

1. Handling of Previously Issued Inspector Cards

a) Inspector Cards issued by the Government Inspectorate; Maritime Safety Inspector Cards, and Inspector Officer Cards issued by the Director of the Vietnam Maritime Administration still retain legal validity until the Ministry of Transport issues new cards.

b) Inspector Cards issued by the Ministry of Transport, Vietnam Highway Administration, Vietnam Inland Waterway Administration, Vietnam Railway Administration (formerly Vietnam Railway Corporation), Departments of Transport, Departments of Transport and Public Works pursuant to Decision No. 343/PC-VT dated February 22, 1997 of the Minister of Transport concerning duties, powers, titles; insignia, rank badges, emblems, uniforms, and equipment of the traffic inspection force, cease to be effective six months from the date this Circular takes effect.

c) The Directors of the Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, and Departments of Transport, Departments of Transport and Public Works must organize the recovery, statistics, and cancellation by cutting the corners of expired cards as stipulated in point b of this clause, and report to the Ministry of Transport's Inspection Authority.

2. Handling Existing Issues Regarding Personnel

a) Individuals recruited, transferred to work in traffic inspection or appointed to positions between February 22, 1997, and June 16, 2007, who did not meet the standards set out in Article 7 of Decision No. 343/PC-VT dated February 22, 1997, of the Minister of Transport concerning duties, powers, titles; insignia, rank badges, emblems, uniforms, and equipment of the traffic inspection force, the Directors of the Vietnam Highway Administration, Vietnam Railway Administration, Vietnam Inland Waterway Administration, and Departments of Transport, Departments of Transport and Public Works must decide to reassign such personnel to other jobs not within the traffic inspection organization.

b) Those who were previously recruited or transferred to work in traffic transport inspection organizations but did not meet the professional qualification requirements, and now have completed university-level specialized education as stipulated in point a, Clause 1, Part III of this Circular, may be considered for recruitment and appointment in accordance with the law.

3. This Circular shall take effect fifteen days from the date of publication in the Official Gazette. Abolish previous provisions and guiding documents regarding Inspectors, Collaborators, and Traffic Inspection Cards.

4. The Ministry's Inspectorate shall inspect the implementation of this Circular.

During the implementation process, if there are any difficulties, please report them to the Ministry of Transport for study and resolution./.