Joint Circular No. 03/2005/TTLT/BGTVT-BNV guiding the tasks, powers, organization, and staffing of local transport inspection agencies

JOINT CIRCULAR

Guidelines on Tasks, Authorities, Organization, and Staffing

of the Transport Inspection at the local level

Implementing the Inspection Law 2004, Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of Transport Inspection, the Ministry of Transport and the Ministry of Home Affairs have issued guidance on the tasks, powers, organization, and staffing of Transport Inspection at the local level as follows:

I. POSITION AND FUNCTION

The Transport Inspection at the local level (hereinafter referred to as the Departmental Inspection) is an agency under the Department of Transport or the Department of Public Works (hereinafter collectively referred to as the Department), belonging to the system of Transport Inspection, responsible for assisting the Director of the Department in performing inspection administrative and specialized tasks within the scope of the Director's duties and powers.

The Departmental Inspection has its own seal and is entitled to open an account at the State Treasury.

II. TASKS AND AUTHORITIES OF THE DEPARTMENTAL INSPECTION

1. Develop programs and plans for administrative inspections and specialized transport inspections, submit them to the Director of the Department for approval and organize their implementation.

2. Perform administrative inspection tasks (inspecting the implementation of policies, laws, and assigned tasks of organizations and individuals directly managed by the Department):

a) Inspect, conclude, decide according to authority or recommend competent authorities to decide on handling;

b) Take the lead or coordinate with relevant agencies in performing administrative inspection tasks according to the guidance of the Provincial Inspection.

3. Regarding specialized transport inspection as stipulated in Clause 4, Article 12 of Decree No. 136/2004/NĐ-CP:

a) Inspect, check, and impose administrative penalties on agencies, organizations, and individuals in compliance with regulations on conditions, standards, and measures to ensure road safety infrastructure, inland waterways, urban rail transit (if applicable) directly managed by the locality;

b) Inspect, check, and impose administrative penalties on agencies, organizations, and individuals in compliance with regulations on ensuring the safety of road vehicles, inland waterway vessels (excluding sea vessels), and urban rail transit (if applicable);

c) Inspect, check, and impose administrative penalties on organizations and individuals in compliance with laws on transportation and supporting transportation services;

d) Coordinate and support county-level and commune-level authorities, central specialized transport inspection in inspecting, checking, and imposing administrative penalties on agencies, organizations, and individuals in compliance with regulations on protecting and preventing encroachment on road safety corridors, railway safety corridors, and inland waterway protection corridors directly managed by the central government;

đ) Inspect, check, and impose administrative penalties on training institutions, examination centers, and license issuance bodies directly managed by the locality in implementing legal provisions on training, issuing certificates, licenses, and professional qualifications for traffic vehicle operators and equipment operators in transportation;

e) When requested, coordinate with central specialized transport inspection in inspecting, checking, and imposing administrative penalties on technical inspection bodies of transportation equipment and facilities;

g) Coordinate with police forces and other related organizations in preventing and handling violations of traffic order and safety;

4. Regarding complaints and denunciations:

a) Lead or participate in receiving citizens who file complaints, denunciations, suggestions, and reflections in accordance with the law;

b) Assist the Director of the Department in resolving complaints about administrative decisions, administrative acts, and disciplinary decisions of the Director of the Department against organizations and individuals under the Department's management; verify, conclude, and recommend solutions to denunciations regarding violations of the law by organizations and individuals under the Department's management according to procedures prescribed by law;

c) Monitor and inspect organizations under the Department's management in implementing decisions on resolving complaints and denunciations.

5. Carry out preventive work against corruption in the field of transportation at the local level in accordance with anti-corruption laws.

6. Promote, disseminate, guide, and supervise units under the Department in implementing legal provisions on inspection, complaints, denunciations, prevention, and struggle against corruption, thrift, and waste prevention.

7. Monitor and inspect the implementation of conclusions, recommendations, and decisions following inspections; compile and report results on administrative inspection, specialized inspection, and complaint resolution, anti-corruption efforts within the Department's jurisdiction.

8. Lead the training of inspection skills for inspectors and inspection associates; may use inspection associates in accordance with the law.

9. Manage the organization, staffing, assets, and funds serving the activities of the Departmental Inspection.

10. Perform other tasks and authorities as prescribed by law and assigned by the Department Director.

The performance of inspection tasks concerning urban technical infrastructure at Departments of Transport (or Departments of Public Works) shall be carried out in accordance with other guiding documents of authorized ministries and sectors.

III. ORGANIZATION OF THE DEPARTMENTAL INSPECTION

1. The Departmental Inspection is organized uniformly under the management and direction of the Chief Inspector of the Department. The Chief Inspector of the Department is the head of the Departmental Inspection and is accountable to the Director of the Department; the Chief Inspector of the Department is appointed and relieved of duty by the Director of the Department after obtaining the consensus of the Chief Inspector of the province.

2. Deputy Chief Inspectors assist the Chief Inspector of the Department in performing certain tasks and powers delegated by the Chief Inspector of the Department; Deputy Chief Inspectors are appointed and relieved of duty by the Director of the Department upon the recommendation of the Chief Inspector of the Department.

3. Some inspectors and civil servants from other categories (if any) assist the Chief Inspector of the Department directly.

4. Based on the characteristics of management and the volume of specialized inspection work, the Director of the Department submits to the People's Committee of the province for decision to establish inspection teams to assist the Chief Inspector of the Department. Inspection teams operate according to specialized fields or areas (it is not necessarily required that each district administrative unit has its own inspection team). Tasks, powers, and scope of operation of inspection teams are defined by the Director of the Department. The Chief Inspector of the Department decides on the appointment and removal of Team Leaders and Deputy Team Leaders; in necessary cases, Deputy Chief Inspectors may directly serve as Team Leaders. Inspection teams consist of inspectors and are staffed with civil servants from other categories to perform certain tasks to support inspection work.

IV. STAFFING OF THE DEPARTMENT'S INSPECTION

1. The administrative establishment of the Department's Inspectorate includes Inspectors and civil servants from other categories working in the Department's Inspectorate (as per Decision No. 78/2004/QĐ-BNV dated November 3, 2004 of the Minister of Home Affairs promulgating the list of civil servant categories), must meet the conditions and standards stipulated by law. The administrative establishment is decided by the Chairman of the People's Committee of the province or centrally governed city (hereinafter referred to collectively as provincial level) to allocate within the total administrative establishment of the province assigned by the Ministry of Home Affairs.

2. Drivers, security guards, technical staff, and some other positions in the Department's Inspectorate shall be implemented under the contractual system as prescribed in Decree No. 68/2000/NĐ-CP dated November 17, 2000 of the Government on implementing the contractual system for certain types of work in state administrative agencies and public service units.

3. The Chairman of the People's Committee at the provincial level bases on the scale and volume of tasks that the traffic inspection must perform according to the provisions of the law and other bases specified in Article 6 of Decree No. 71/2003/NĐ-CP dated June 19, 2003 of the Government on decentralizing management of administrative and public service establishments to build, plan, and decide on the allocation of the administrative establishment for the Department's Inspectorate.

The establishment to carry out the inspection tasks and powers regarding urban technical infrastructure at Departments of Transport (or Departments of Transport and Public Works) shall be implemented according to other guiding documents of competent ministries and sectors.

V. WORK RELATIONSHIP OF THE DEPARTMENT'S INSPECTION

1. The Department's Inspection is directly under the direction of the Department Director, while also being guided and inspected in terms of professional and administrative inspection by the Provincial Inspection;

2. The Department's Inspectorate is subject to guidance and supervision of specialized inspection business by the Ministry of Transport's Inspectorate; it has the responsibility to closely cooperate when requested by the Ministry of Transport's Inspectorate and the Inspectorates of Ministries' Bureaus in carrying out specialized inspections in their respective jurisdictions as prescribed by law; to compile and report periodically or urgently about specialized inspection work to the Ministry of Transport's Inspectorate.

3. The Department's Inspectorate cooperates with inspectors of other sectors, district-level and commune-level authorities, and other competent state agencies during the inspection process concerning issues related to transport and in preventing, stopping, and combating violations of the law.

4. The People's Committees of districts, towns, cities under provinces have the responsibility to create favorable conditions and support the Department's Inspectorate in its operations on their territories.

In cases where the provincial People's Committee establishes and arranges inspection teams on island districts, the Director of the Department is authorized to directly direct, urge, and supervise the implementation of tasks and powers by the inspection force by the Chairman of the People's Committee at the district level.

VI. IMPLEMENTATION

1. The provincial People's Committee bases on the Inspection Law, specialized laws on transport, the Decree on Protection of Transport Infrastructure issued by the Government on June 16, 2004, No. 136/2004/NĐ-CP, this Circular, and relevant legal documents to decide on the establishment and specify details about the tasks, powers, organization, and establishment of the Department's Inspectorate.

2. The Chairman of the People's Committee at the provincial level is responsible for directing the Department Director to implement organizational restructuring; to develop plans for training, arranging cadres, civil servants, and other personnel currently working in the Department's Inspectorate and the Traffic Inspection Board (previously) to meet the conditions and standards stipulated by current laws, ensuring the completion of assigned tasks.

3. The Ministry of Transport and the Ministry of Home Affairs will monitor and inspect the implementation of this Circular.

4. This Circular takes effect fifteen days after its publication in the Official Gazette and replaces Circular No. 116/TT-LT dated April 12, 1997 of the Ministry of Transport and the Civil Service Bureau of the Government (now the Ministry of Home Affairs) guiding the organization and establishment of traffic inspection bodies at all levels.

During the implementation process, if there are difficulties or obstacles, agencies, organizations, and individuals are advised to reflect these issues to the Ministry of Transport and the Ministry of Home Affairs for timely revision and supplementation./.