Decision No. 04/2005/QĐ-BGTVT stipulates the functions, tasks, powers, and organizational structure of the Vietnam Maritime Administration Inspectorate (Maritime Inspectorate).

DECISION OF THE MINISTER OF TRANSPORT

Regulations on functions, tasks, powers, and organization

of the Vietnam Maritime Inspection under the Vietnam Maritime Administration

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 agencies;

Pursuant to the Prime Minister's Decision No. 269/2003/QĐ-TTg dated December 22, 2003 on the functions, tasks, powers, and organizational structure of the Vietnam Maritime Administration;

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

DECISION:

Article 1. Position and functions

The Vietnam Maritime Inspection (hereinafter referred to as the Maritime Inspection) is an agency within the transport inspection system, performing administrative inspection and specialized inspection functions within the scope of the Vietnam Maritime Administration's state management.

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

The Maritime Inspection has its own seal, opens an account at the State Treasury, and uses the seal of the Vietnam Maritime Administration when the Head of the Maritime Administration's Inspectorate signs documents upon delegation from the Director.

The English name for the Maritime Inspection is Vietnam Maritime Inspectorate, abbreviated as MI.

Article 2. Tasks and Powers of the Maritime Inspection

1. Participate in drafting draft normative legal documents on maritime affairs; take the lead or participate in drafting draft normative legal documents related to the organization and operation of the Maritime Inspection according to the Director's assignment.

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

3. Inspect 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 seaports, shipping channels, anchorage areas, and marine signaling and information systems; technical standards for ships according to classification.

b) Responsibilities for managing and protecting seaport infrastructure, shipping channels, anchorage areas, and marine signaling and information systems; responsibilities for preventing and protecting against marine environmental pollution.

c) Responsibilities for supervising and inspecting maritime safety and security in maritime zones and port waters; inspecting and granting permits for ships and vessels entering and operating in ports.

d) Standards and procedures for quality and technical safety inspection facilities for ships.

đ) Ship registration and crew registration.

e) Conditions and standards for crew members.

g) Training, examination, certification issuance for crew members' professional qualifications.

h) Maritime transportation and supporting services.

4. Detect, record, take measures to prevent, decide according to authority, or recommend competent authorities to impose administrative penalties according to law.

5. Recommend or submit to competent authorities recommendations to improve policies and laws on specialized maritime administration; recommend competent authorities to suspend or revoke regulations found to be contrary to the law through inspection work.

6. Assist the Director in organizing citizen reception, handling complaints and reports; anti-corruption, thrift, and waste prevention work according to the law.

7. Coordinate with other transport ministry inspectorates, inspectorates of ministries and sectors, local authorities, and relevant agencies during inspections and checks in maritime-related fields; cooperate with law enforcement agencies in preventing, stopping, and combating violations within the scope of assigned tasks and powers.

8. Summarize and report on inspection work results, complaint and report resolution, anti-corruption, thrift, and waste prevention within the responsibility scope of the Vietnam Maritime Administration.

9. Manage assets and operational funds of the Maritime Inspection according to regulations.

10. Perform other tasks and powers as prescribed by law and assigned by the Director and the Head of the Transport Ministry's Inspectorate.

Article 3. Tasks and Powers of the Head of the Maritime Inspection

1. Lead and direct inspection and supervision work within the state management scope of the Vietnam Maritime Administration; directly manage and operate the Maritime Inspection agency to perform tasks and powers according to this Decision and other legal provisions.

2. Develop inspection and supervision programs and plans to submit to the Director for approval and organize their implementation.

3. Submit to the Director for decision-making on inspections within his authority.

4. Decide on inspections and establish inspection teams to implement inspection decisions or assign inspectors to carry out inspection tasks.

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

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

7. Decide to stop or recommend competent authorities to stop illegal specialized actions by agencies, organizations, and individuals when there is sufficient evidence to determine that such actions cause damage to national interests, citizens' rights and legitimate interests, or obstruct the inspection process.

8. Recommend the Director or request relevant organizations and individuals to take necessary measures to ensure maritime safety and security conditions and prevent marine environmental pollution according to current standards and regulations.

9. Conclude on the content of inspections based on inspection team reports when the Head of the Maritime Inspection decides on inspections.

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 Head of the Maritime Inspection's office has an Inspection Team operating regionally.

The Inspection Team shall be established, reorganized, dissolved, and assigned tasks and scope of operation in accordance with the assigned mission and legal provisions by the Director.

The Inspection Team has its headquarters and seal for professional activities; it is allowed to open an account to receive funds for regular operations.

2. Maritime Inspectors consist of the Chief Inspector, Deputy Chief Inspectors, Team Leaders, Deputy Team Leaders, Inspectors, and specialists.

The Chief Inspector of Maritime Inspectors is appointed and relieved from duty by the Director after reaching a consensus with the Chief Inspector of the Ministry of Transport in writing. Deputy Chief Inspectors of Maritime Inspectors are appointed and relieved from duty upon the proposal of the Chief Inspector of Maritime Inspectors by the Director. Team Leaders and Deputy Team Leaders are appointed and relieved from duty by the Chief Inspector of Maritime Inspectors.

Inspectors are appointed and relieved from duty in accordance with the regulations of the Minister of Transport.

3. The staffing of Maritime Inspectors belongs to the administrative establishment of the Vietnam Maritime 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 regulations that conflict with this Decision are hereby abolished.

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