Circular No. 04/2007/TT-BGTVT guiding traffic inspection activities

CIRCULAR

Guidelines for traffic transport inspection activities

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Implementing the Inspection Law, Decree No. 41/2005/NĐ-CP dated March 25, 2005 of the Government detailing and guiding the implementation of certain provisions of the Inspection Law, and Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of traffic transport inspections;

After reaching consensus with the Government Inspectorate, the Ministry of Transport guides traffic transport inspection activities as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

a) Scope of Regulation

- This Circular provides guidance on administrative inspection activities of the Ministry Inspectorate, Inspectorates under the Ministry of Transport's Departments, and specialized inspection activities of traffic transport inspectorates at all levels. Inspection activities in other management areas (urban order, parks, water supply...) of municipal traffic transport inspectorates (hereinafter referred to collectively as Municipal Inspectorates) shall be guided by the competent authority;

- This Circular does not apply to business inspection activities and other regular tasks assigned by the Minister of Transport (hereinafter referred to as the Minister), Department Heads (hereinafter referred to collectively as Department Heads), Directors of Municipal Traffic Transport Departments, Directors of Municipal Transport Construction Departments (hereinafter referred to collectively as Directors) or other competent authorities to traffic transport inspectorates that do not have the nature of inspection and are not the functions of traffic transport inspectorates, specifically including: traffic flow regulation, traffic control, standing guard to inspect traffic works, accident resolution in traffic transport; participating with other forces to patrol, supervise, maintain urban order.

b) Applicability

- State management agencies for traffic transport from central to local levels;

- Traffic transport inspection organizations, including: the Ministry of Transport Inspectorate (hereinafter referred to as the Ministry Inspectorate), Vietnam Highway Inspectorate, Vietnam Railway Inspectorate, Vietnam Inland Waterway Inspectorate, Maritime Inspectorate, and Civil Aviation Inspectorate (hereinafter referred to collectively as Department Inspectorates), Municipal Traffic Transport Inspectorates, Municipal Transport Construction Inspectorates (hereinafter referred to collectively as Municipal Inspectorates);

- Inspection teams, Inspectors, members of Inspection teams, and inspection collaborators.

2. Principles of Operation

a) Traffic transport inspection activities must comply with the law; ensuring accuracy, objectivity, honesty, transparency, democracy, and timeliness; not hindering the normal operations of inspected agencies, organizations, and individuals.

b) When conducting inspections, the person issuing the inspection decision, Chief Inspector, Head of Inspection Team, Inspectors, and members of the Inspection Team must implement the laws on inspection work and related regulations and bear responsibility for their actions and decisions.

c) Specialized inspection activities of traffic transport inspection organizations are subject to unified guidance and direction on professional and technical matters by the Ministry Inspectorate.

d) Only Inspectors appointed according to the Inspection Law may conduct independent inspections; otherwise, they must be members of an Inspection Team designated by the competent authority to conduct inspections.

e) Strictly prohibit patrolling and supervising without an approved plan by the competent authority or conducting inspections without an Inspection Decision from the competent authority, except for urgent inspections as stipulated in Clause 3, Article 16 of Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of traffic transport inspections (hereinafter referred to collectively as Decree No. 136/2004/NĐ-CP of the Government).

3. Responsibilities of Inspection Team Members, Inspection Team Leaders, and Persons Issuing Inspection Decisions in Inspection Activities

a) When conducting inspections, Inspection Team Members are responsible for collecting information, documents, and evidence related to their assigned tasks. The collection of information, documents, and evidence must be recorded in a report, clearly stating the source, signatures of the collector and provider.

Inspection Team Members must report on the progress and results of their assigned tasks to the Inspection Team Leader; if immediate action or issues beyond their authority are discovered, they must report to the Inspection Team Leader for consideration and decision.

b) When conducting inspections, the Inspection Team Leader must follow the directives of the person issuing the inspection decision, report to the person issuing the inspection decision on the progress, results of the assigned tasks, and issues beyond their authority (if any). If necessary, the Inspection Team Leader may request the person issuing the inspection decision to amend the inspection plan, change Inspection Team Members.

c) The person issuing the inspection decision is responsible for directing the Inspection Team to implement the content and deadlines specified in the Inspection Decision; promptly addressing Inspection Team recommendations; applying measures within their authority to resolve issues raised by the inspection; deciding to change the Inspection Team Leader and Inspection Team Members when necessary. If the person issuing the inspection decision delegates the direction of the Inspection Team to the Chief Inspector, it must be clearly stated in the Inspection Decision.

4. Forms and Inspection Activities

a) Inspection forms include:

- An Inspection Team conducting administrative or specialized inspections;

- An Inspector conducting independent specialized inspections.

b) Inspection activities are those of state inspection agencies within the traffic transport inspection system (Ministry Inspectorate, Department Inspectorates, Municipal Inspectorates) following procedures and processes prescribed by inspection laws and this Circular.

Inspection activities conducted by traffic transport inspection agencies according to their functions and tasks; procedures and processes prescribed by inspection laws and this Circular are inspection activities.

Other inspection activities (not inspection activities) are carried out according to laws on inspection issued by competent authorities.

c) Specialized inspection of transportation is the inspection of compliance with laws on transportation (including international treaties to which Vietnam is a party that relate to safety, security, and prevention of environmental pollution in areas under the management of the Ministry of Transport) by organizations and individuals in Vietnam and foreign organizations and individuals operating within the territory of Vietnam. The inspection of compliance with laws on road transport, inland waterway transport, railway transport, maritime transport, and air transport includes:

- Transportation infrastructure;

- Responsibilities for protecting transportation infrastructure;

- Means and equipment for transportation and measures to ensure transportation safety;

- Registration, inspection, and testing of transportation means and equipment;

- Conditions, standards, and professional certificates, other documents of persons operating transportation means and equipment;

- Training, examination, issuance, renewal, and revocation of professional certificates and licenses for operating transportation means;

- Transportation activities and supporting transportation services;

- Other specialized activities under the management of the Ministry of Transport.

d) Administrative inspection is the inspection of the implementation of policies, laws, and assigned tasks by organizations and individuals directly managed by the head of the state administrative agency at the same level, specifically:

- The Ministry's inspection of organizations and individuals directly managed by the Minister or other objects within the management authority of subordinate levels when necessary;

- The Bureau's inspection of organizations and individuals directly managed by the Director.

đ) Inspection according to programs and plans: is the inspection activity carried out based on inspection programs and plans approved by the competent authority.

e) Surprise inspection is the inspection activity conducted upon discovering or receiving reports indicating that organizations or individuals have signs of violating the law; at the request of handling complaints, accusations, anti-corruption, or as assigned by the head of the state administrative agency. The nature of this activity is urgent and unexpected when deciding to inspect and handle violations.

g) The patrol, supervision, management, and regular monitoring activities of the traffic inspection force are organizational measures to fulfill tasks aimed at promptly grasping the situation, recognizing good practices, and identifying acts of violating laws on transportation. Regular patrols, supervision, management, and monitoring must be carried out according to plans approved by the head of the management agency or the Chief Inspector at the same level based on general tasks and plans.

During patrols, supervision, management, and monitoring, if violations of the law are discovered, the patrolling and supervising personnel must immediately perform their duties, powers, and handling measures as prescribed by the law on inspection and the guidance provided in this Circular (such as drafting inspection records, temporarily suspending illegal actions, directly imposing administrative penalties, submitting to the competent authority for decisions on inspection, examination, and administrative penalties...).

5. Transportation Inspectors

Inspectors under Article 13 of Decree No. 136/2004/NĐ-CP of the Government shall carry out administrative inspection and specialized inspection tasks as assigned by the competent authority.

II. ADMINISTRATIVE INSPECTION ACTIVITIES

1. Development of Administrative Inspection Programs and Plans

a) Annually, the Chief Inspector of the Ministry and the Chief Inspector of the Bureau are responsible for developing inspection programs and plans to be submitted for approval by the head of the state administrative agency at the same level.

The inspection program and plan shall be established based on the requirements and tasks of state administrative agencies; demands for handling complaints and reports, and guidance from higher-level agencies.

The inspection program for the following year must be approved no later than December 31 of the current year.

b) If the inspection plan is not guaranteed or in other necessary cases, the Inspector General of the Ministry, the Inspector General of the Department shall issue a document requesting adjustments and supplements to the program and plan to be submitted to the head of the same-level administrative agency for approval.

Within fifteen (15) days from the date of receipt of the request document, the Minister, Director shall be responsible for reviewing, deciding, and notifying the Inspectorate of the Ministry, the Inspector General of the Department, and related agencies to implement.

c) The Inspector General of the Ministry, the Inspector General of the Department shall base on the annual inspection plan and the actual work situation of the unit to develop detailed plans for implementation.

2. Decision on administrative inspections according to the program and plan

a) Based on the approved inspection plan and any adjustments and supplements (if applicable):

- The Minister decides to conduct inspections and establish inspection teams to carry out wide-scale, cross-sectoral inspections or in other necessary cases;

- The Inspector General of the Ministry, the Inspector General of the Department issues decisions to conduct inspections and establish inspection teams within their authority.

b) Before issuing the inspection decision, the person issuing the inspection decision collects necessary information and documents related to the content and objects to be inspected; determines the nature, requirements, and purpose of the inspection, estimates the time for conducting the inspection; selects the Head of the Inspection Team and members of the Inspection Team and prepares other conditions to serve the inspection.

c) The inspection decision must clearly record the following contents:

- Legal basis for the inspection;

- Object, content, scope, and tasks of the inspection;

- Head of the Inspection Team and members of the Inspection Team;

- Time limit for the inspection.

3. Decision on sudden administrative inspections

a) A decision on sudden administrative inspections when there is one of the following grounds:

- Discovering or receiving information that an agency, organization, or individual has signs of violating the law;

- At the request of complaint and report resolution; anti-corruption;

- Request of the head of the administrative management agency.

b) Authority to decide on sudden administrative inspections:

- The Inspector General of the Ministry submits to the Minister, the Inspector General of the Department submits to the Director for the decision to conduct sudden inspections.

- Within no more than five (5) days from the date of receipt of the proposal for sudden inspections from the Inspector General of the Ministry, the Inspector General of the Department, the Minister, the Director shall be responsible for reviewing and deciding on the inspection and informing the Inspector General.

- Based on the approval decision of the Minister, the Director, the Inspector General of the Ministry, the Inspector General of the Department issues the inspection decision and establishes the Inspection Team to conduct the inspection. In necessary cases, the Minister, the Director may issue the inspection decision and establish the Inspection Team to conduct the inspection.

- In case of discovering a violation of the law that requires prompt inspection, the Inspector General of the Ministry, the Inspector General of the Department shall issue the inspection decision while reporting to the Minister, the Director.

4. Time limit for administrative inspections

An inspection conducted by the Ministry's Inspectorate, the Department's Inspectorate shall not exceed forty-five (45) days, in complex cases it can be extended but not exceeding seventy (70) days from the date of announcing the inspection decision until the end of the inspection at the inspection site, excluding holidays and rest days as stipulated by labor laws.

5. Organization of Administrative Inspection Teams

a) The Inspection Team consists of the Head of the Inspection Team and members of the Inspection Team. In necessary cases, a Deputy Head of the Inspection Team may be appointed to assist the Head of the Inspection Team in performing assigned tasks and being accountable to the Head of the Inspection Team for the performance of the assigned tasks.

b) During the inspection process, changes to the Head of the Inspection Team and members of the Inspection Team shall be made if the Head of the Inspection Team and members of the Inspection Team fail to meet the requirements of the inspection tasks, violate the law, or due to objective reasons cannot perform the inspection tasks.

- Supplementing members of the Inspection Team shall be carried out when necessary to ensure the progress and quality of the inspection or to meet other requirements arising during the inspection process.

- Changes and supplements to members of the Inspection Team shall be proposed in writing by the Head of the Inspection Team. The written proposal for changes and supplements must clearly state the reasons, names of the members to be changed or supplemented.

- Changes to the Head of the Inspection Team shall be decided by the person issuing the inspection decision.

6. Procedures and steps for conducting administrative inspections

a) The Administrative Inspection Team operates according to the Regulation on the Operation of the Inspection Team issued by Decision No. 2151/2006/QĐ-TTCP dated November 10, 2006 of the Government Inspectorate (hereinafter referred to as Decision No. 2151/2006/QĐ-TTCP of the Government Inspectorate).

b) Reviewing and handling the conclusions of administrative inspections:

- Within fifteen (15) days from the date of the inspection conclusion, the Minister, Director shall be responsible for reviewing the inspection conclusion; issuing a decision to handle the agency, organization, or individual with illegal acts; applying measures within their authority or recommending the competent state agency to apply measures to rectify, improve mechanisms, policies, and laws;

- Handling the inspection conclusion within the authority of the Minister shall be implemented in accordance with current regulations.

c) Recovery of money and property illegally appropriated, misused, or lost due to illegal acts:

- When there is evidence concluding that money and property were illegally appropriated, misused, or lost due to the illegal acts of the inspected entity, the person issuing the inspection decision shall issue a recovery decision. The recovery decision shall clearly state the amount of money and property to be recovered, the responsibility of the implementing agency, the time frame for implementation, and the responsibility of the inspected entity.

The person issuing the inspection decision shall carry out the confiscation of money or property in accordance with the provisions of the law or hand over to the competent authority to confiscate, manage such money and property;

- The inspected object must strictly comply with the decision on recovery if they have money or property that has been confiscated. In case of non-compliance or non-strict compliance, they will be subject to disciplinary action, administrative penalties, or criminal responsibility depending on the nature and degree of the violation;

- The person issuing the recovery decision is responsible for organizing the implementation, monitoring, inspecting, and urging the execution of the recovery decision;

- The collection, deposit, management, and use of money from embezzlement and unlawful appropriation shall be carried out in accordance with Circular Joint No. 42/2006/TTLT-BTC-TTCP dated May 15, 2006, issued by the Ministry of Finance and the Government Inspectorate guiding the establishment, management, use, and settlement of funds for the operation of state inspectorates;

d) Establish and transfer the inspection file:

- The Head of the Inspection Team is responsible for organizing the establishment of the inspection file. The inspection file includes:

+ The inspection decision; inspection records prepared by the Inspection Team and Inspectors; reports and explanations provided by the inspected object; report on the results of the inspection;

+ The inspection conclusion;

+ Documents regarding handling and recommendations for handling;

+ The Inspection Team's logbook; other relevant documents related to the inspection;

- Within thirty (30) days from the date of the inspection conclusion, the Head of the Inspection Team shall organize the transfer of the inspection file. In case of objective obstacles, the time for transferring the inspection file may be extended but not exceeding ninety (90) days;

Within the aforementioned period, the Head of the Inspection Team is responsible for transferring the inspection file to the direct supervising agency of the Head of the Inspection Team; in case the person issuing the inspection decision is not the head of the direct supervising agency of the Inspection Team, the Head of the Inspection Team shall report to the person issuing the inspection decision to seek guidance on transferring the inspection file to the competent authority;

- The transfer of the inspection file must be recorded in a record of transfer;

III. SPECIALIZED INSPECTION ACTIVITIES

1. BUILDING THE PROGRAM AND PLAN FOR SPECIALIZED INSPECTIONS

a) Annually, the Chief Inspector of the Ministry is responsible for building the program and plan for specialized inspections to be submitted to the Minister for approval.

The program and plan for inspections and checks are established based on the requirements and tasks of the Ministry's state management work and guidelines from the Government Inspectorate.

b) Annually, the Chief Inspector of the Bureau, the Chief Inspector of the Department is responsible for building the program and plan for specialized inspections and checks to be submitted to the Director of the Bureau, the Director of the Department for approval.

The program and plan for specialized inspections are established based on the requirements and tasks of the Bureau and Department's management work and guidelines and directives from the Ministry of Transport Inspectorate.

The inspection program for the following year must be approved no later than December 31 of the current year.

c) When there is a need to adjust or supplement, the Chief Inspectors at all levels propose adjustments or supplements to the program and plan to be approved by the heads of the state management agencies at the same level.

Within fifteen (15) days from the date of receipt of the proposal document, the Minister, the Director of the Bureau, the Director of the Department shall be responsible for reviewing, deciding, and informing the inspection agency and related agencies.

d) The specialized inspection plan can be presented and approved together with the administrative inspection plan or presented and approved separately.

e) The Chief Inspector bases the detailed plan on the annual inspection and supervision program and the actual work situation of the unit to implement appropriately.

2. DECISION ON SPECIALIZED INSPECTIONS ACCORDING TO THE PROGRAM AND PLAN

a) Based on the approved inspection plan, the following levels are authorized to decide on inspections:

- The Minister, the Director of the Bureau, the Director of the Department decides on inspections and establishes the Inspection Team or assigns Inspectors to conduct inspections when the inspection involves a wide scope, inter-departmental issues, or other cases deemed necessary;

- The Chief Inspector of the Ministry, the Chief Inspector of the Bureau, the Chief Inspector of the Department decides on inspections and establishes the Inspection Team or assigns Inspectors to conduct inspections within their respective authorities.

The Chief Inspector of the Vietnam Highway Administration, the Chief Inspector of the Vietnam Riverway Administration, the Chief Inspector of the Vietnam Railway Administration are authorized to delegate the heads of subordinate units directly to issue inspection decisions and establish Inspection Teams or assign Inspectors to conduct inspections, bearing responsibility for the delegation. Delegation is carried out on a case-by-case basis, and the delegation document must clearly specify the content, scope, and duration of the delegation. In cases where an inspection decision is made through delegation, the person issuing the inspection decision must immediately report the inspection decision to the Chief Inspector of the Bureau.

- The Director of the Maritime Port Control Office decides on inspections and establishes the Inspection Team or assigns Inspectors to conduct inspections within the scope of tasks assigned by the Minister's Decision.

b) Before issuing the inspection decision, the person issuing the inspection decision collects necessary information and documents related to the content and objects to be inspected; determines the nature, requirements, and purpose of the inspection, estimates the time for conducting the inspection; selects the Head of the Inspection Team and members of the Inspection Team and prepares other conditions to serve the inspection.

c) The content of the inspection decision is stipulated in point c, Clause 2, Section II of this Circular.

The person authorized to decide on inspections has the right to mobilize officials and civil servants under the organization's management to conduct inspections, regardless of the territorial jurisdiction. In cases where a higher-level transport inspectorate mobilizes officials and civil servants from a lower-level transport inspectorate, prior consent from the direct supervisory agency of the transport inspector is required before mobilization.

- Example 1: The Chief Inspector of the Ministry has the right to mobilize Air Transport Inspectors to conduct inspections at the Vietnam Vehicle Inspection Agency, after obtaining the agreement of the Chief Inspector of Air Transport.

- Example 2: The Chief Inspector of the Vietnam Highway Administration has the right to mobilize civil servants from the Highway Inspection Board I to conduct inspections in Ho Chi Minh City (under the management of the Highway Inspection Board IV).

- Example 3: The Chief Inspector of Vietnam Maritime has the right to mobilize Inspectors from the Haiphong Port Control Office to conduct inspections at the Saigon Port Control Office, after obtaining the agreement of the Director of the Haiphong Maritime Port Control Office.

- Example 4: The Chief Inspector of the Department of Transport of Ho Chi Minh City has the authority to mobilize inspection officials from the Inspection Team of District 1 to conduct inspections in District Binh Thanh.

3. Decision on urgent specialized inspections

a) The Chief Inspector of the Ministry shall submit to the Minister for approval, the Chief Inspector of the General Department shall submit to the Director of the General Department for approval, and the Chief Inspector of the Department shall submit to the Director of the Department for approval regarding the decision on urgent specialized inspections. In necessary cases, the Chief Inspector of the General Department may submit to the Chief Inspector of the Ministry for issuance of the inspection decision.

Within no more than three days from the date of receipt of the request, the Minister, the Director of the General Department, the Director of the Department, and the Chief Inspector of the Ministry shall be responsible for approving and notifying the approval to the Chief Inspector who submitted the request.

b) Based on the approval, the Chief Inspector of the Ministry, the Chief Inspector of the General Department, and the Chief Inspector of the Department shall issue the inspection decision and establish the Inspection Team to carry out the inspection. In necessary cases, the Minister, the Director of the General Department, and the Director of the Department may issue the inspection decision and establish the Inspection Team.

Based on the report of the inspection results, the Minister, the Director of the General Department, and the Director of the Department may authorize the Chief Inspector of the Ministry, the Chief Inspector of the Department, and the Chief Inspector of the General Department to issue the inspection conclusion.

c) In case of discovering a violation that needs to be stopped immediately, the Chief Inspector of the Ministry, the Chief Inspector of the General Department, and the Chief Inspector of the Department shall issue the inspection decision or delegate the head of the subordinate unit directly to issue the inspection decision, while reporting immediately to the Minister, the Director of the General Department, and the Director of the Department.

The delegation under this point shall be carried out on a case-by-case basis, the delegation document must clearly state the content, scope, and duration of the delegation. In case of an inspection decision made through delegation, the person issuing the inspection decision must report immediately to the Chief Inspector and bear responsibility before the law for the measures taken.

The Director of the Maritime Port Control decides on inspections and assigns Inspectors to conduct inspections within the scope of tasks assigned according to the Decision of the Minister.

In case of emergency requiring immediate action to stop and handle violations, Inspectors may apply measures according to their authority under the law on inspections and the guidelines set forth in this Circular to handle violations, while reporting immediately to the Chief Inspector and bearing responsibility before the law for the measures taken.

4. Duration of specialized inspections

a) The duration of a specialized inspection organized by the Inspection Team and conducted independently by Inspectors at all levels shall not exceed thirty (30) days, from the date of publication of the inspection decision to the end of the inspection process, excluding holidays and rest days as prescribed by labor laws.

b) In necessary cases, the person issuing the inspection decision may extend it once. The extension period shall not exceed thirty (30) days.

c) The deadline for administrative penalties during the inspection process shall be implemented according to the law on handling administrative violations.

5. Decision on assigning Inspectors to conduct independent inspections

a) The authorized person to decide on inspections or the person delegated to issue the decision shall assign Inspectors to conduct independent inspections.

b) In necessary cases, the authorized person specified in point a of this clause may appoint officers, civil servants, or associates to assist the Inspector in performing inspection tasks. The appointment of assistants shall be recorded in the decision assigning the Inspector or issued separately. The assistant to the Inspector shall be directly responsible to the Inspector and the person issuing the assignment decision.

c) When performing tasks, the assistant to the Inspector shall follow the assignments of the Inspector; propose the Inspector to take actions and exercise powers as prescribed by law; help the Inspector write minutes, prepare documents, record, keep papers, and other assigned tasks. The assistant to the Inspector shall not perform the duties or exercise the powers of the Inspector.

6. Organization of specialized inspection teams

The organization of specialized inspection teams shall be carried out according to Clause 5 of Section II of this Circular.

7. Procedure and formalities for conducting specialized inspections

a) Specialized inspection teams operate according to the Regulation on the operation of inspection teams issued by Decision No. 2151/2006/QĐ-TTCP of the Government Inspectorate.

b) Depending on each field of transportation such as railway, road, inland waterway, maritime, and air transport, specialized inspection teams shall have different operational methods according to the specific laws, international treaties to which Vietnam is a member, and Decrees on administrative penalties in each field of transportation.

8. Specific tasks and authorities in specialized transportation inspections

a) Tasks and authorities of the person issuing the decision on specialized inspections or the decision assigning Inspectors to conduct independent inspections:

- Directing and supervising the Inspection Team and Inspectors to implement the inspection content and deadlines as stated in the inspection decision;

- Requesting the inspected entity to provide information, documents, written reports, and explanations on issues related to the inspection content; requesting agencies, organizations, and individuals with relevant information and documents to provide them;

- Requesting expert opinions on issues related to the inspection content;

- Requesting the competent authority to temporarily detain money, objects, licenses issued or used illegally when it is deemed necessary to immediately stop the violation or to verify evidence for the conclusion and handling.

- Suspend or recommend to the competent authority to suspend the work when it is deemed that such work causes serious damage to the interests of the State, the rights and legitimate interests of agencies, organizations, and individuals; Recommend to the competent authority to temporarily suspend the implementation of disciplinary decisions, job transfers, or early retirement for those collaborating with the inspection agency or being inspected if it is deemed that implementing such decisions would hinder the inspection process; Recommend to the competent authority to temporarily suspend the work and handle cases where officials or civil servants intentionally obstruct the inspection process or fail to comply with inspection requests, recommendations, and decisions; Issue a decision to handle matters within their authority or recommend to the competent authority to handle them; check and urge the implementation of inspection handling decisions. If it is deemed unnecessary to apply these measures, the person issuing the inspection decision must immediately decide or recommend to revoke the application of these measures;

- Decide to recover money and property that has been embezzled, misused, or lost due to illegal acts committed by the inspected entity according to the provisions of the law;

- Resolve complaints and reports related to the responsibility of the Head of the Inspection Team and other members of the Inspection Team;

- Conclude on the content of the inspection;

- Transfer the case file of a violation of the law to the investigation agency within five (5) days from the date of discovering signs of criminal activity; simultaneously notify in writing the same-level People's Procuratorate according to the guidance at point d, Clause 2, Section V of this Circular;

When performing tasks and powers stipulated herein, the person issuing the inspection decision shall be responsible under the law for all their decisions; if they commit a violation of the law, they will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if they cause damage, they must compensate or make restitution according to the provisions of the law;

b) During the inspection process, the Head of the Inspection Team has the following duties and powers:

- Request the inspected entity to present business licenses, business registration certificates, and professional certificates;

- Record the violations of the inspected entity in a record;

- Administer administrative penalties according to the provisions of the law;

- Perform the duties and powers prescribed in Article 8 of the Inspection Team Operation Regulation issued together with Decision No. 2151/2006/QĐ-TTCP of the Government Inspectorate;

c) Duties and powers of members of the Inspection Team:

- Members of the Inspection Team who are Inspectors shall perform according to the provisions of Clause 1, Article 9 of the Inspection Team Operation Regulation issued together with Decision No. 2151/2006/QĐ-TTCP of the Government Inspectorate;

- Members of the Inspection Team who are not Inspectors (specialists, staff, employees, cooperating members) shall perform according to the provisions of Clause 2, Article 9 of the Inspection Team Operation Regulation issued together with Decision No. 2151/2006/QĐ-TTCP of the Government Inspectorate;

d) Duties and powers of specialized Inspectors conducting independent inspections:

- Request the inspected entity to present business licenses, business registration certificates, and professional certificates;

- Record the violations of the inspected entity in a record;

- Administer administrative penalties according to the provisions of the law on handling administrative violations;

In cases where illegal acts are discovered that exceed their authority to handle, they must report to the Chief Inspector or the competent authority;

- Report the results of the assigned tasks;

đ) In addition to the provisions in points a, b, c, and d of this clause, when conducting specialized inspections, the person issuing the inspection decision, the Head of the Inspection Team, and specialized Inspectors also perform duties and powers according to the provisions of the law on specialized transportation sectors including road transport, railways, inland waterways, maritime, and aviation;

9. Administrative Penalties during and after Inspection and Supervision

a) The division of administrative penalties in the field of transportation is as follows:

- The Ministry of Transport's Inspectorate administers administrative penalties in the fields of road transport, railways, inland waterways, maritime, and aviation;

- The Vietnam Road Transport Administration's Inspectorate administers administrative penalties according to regulations on administrative penalties in the field of road transport;

- The Vietnam Inland Waterway Transport Administration's Inspectorate administers administrative penalties according to regulations on administrative penalties in the field of inland waterway transport;

- The Vietnam Railways Administration's Inspectorate administers administrative penalties according to regulations on administrative penalties in the field of railway transport;

- The Maritime Inspectorate administers administrative penalties according to regulations on administrative penalties in the field of maritime;

- The Civil Aviation Inspectorate administers administrative penalties according to regulations on administrative penalties in the field of civil aviation;

- Local transportation inspectors administer administrative penalties within the scope of management of the Department of Transportation and the Department of Public Works and Transport;

The procedures for administering administrative penalties are carried out according to the provisions of the law on handling administrative violations and the provisions of this Circular;

b) Administrative Penalties during the Inspection Process

From the time the inspection decision is announced until the time the inspection results are reported to the person issuing the decision, the Inspection Team or Inspector may have the right to record, issue an administrative penalty decision, or submit to the competent authority for a decision on administrative penalties according to the law. The results of the administrative penalties are summarized and reported according to the law;

c) Administrative Penalties after the Inspection Conclusion

Based on the specialized inspection conclusion, if there are violations by agencies, organizations, or individuals and the statute of limitations for punishment has not expired, the Head of the Inspection Team or Inspector shall submit to the competent authority for a decision on administrative penalties according to the law on handling administrative violations;

d) Transfer to the competent authority to administer administrative penalties in the following cases:

- An inspector or member of an inspection team shall report to the Chief Inspector at their level or transfer to the Director of the Port Office (for maritime, aviation, inland waterway transport sectors) for administrative penalty when they determine that the violation discovered and documented exceeds their authority.

- When conducting inspections, if the Inspection Bureau discovers and documents violations exceeding their authority to impose administrative penalties, they shall transfer the violation files to the competent traffic inspection agency or the nearest People's Committee for a decision on administrative penalties.

The agency discovering the violation must transfer the violation file to the competent agency authorized to impose administrative penalties within three working days from the date of the record. The transfer of the violation file must be documented in a handover record, and the transferring agency must notify the violator. Within seven days from the date of receiving the file, the competent receiving agency must issue one of the following documents:

+ Decision on Administrative Penalty;

+ Decision to return the file to the transferring agency when there is insufficient basis to issue a decision on administrative penalty;

+ Request to supplement the violation file, in cases where the file lacks sufficient evidence and materials to issue a decision on administrative penalty. The supplementation of the file must be completed within ten days from the date of the request for supplementation; in cases of difficult conditions, the supplementation period does not exceed ten additional days. Upon receipt of the complete file, the authorized person of the receiving agency must issue a decision on administrative penalty according to the provisions of the law.

- The agency issuing the decision on administrative penalty must inform the agency that discovered the violation about the results of the penalty within fifteen days from the date of the decision on administrative penalty.

- The authorized person who records the violation, implements the administrative penalty, or performs tasks such as reporting or transferring files, if they fail to meet deadlines or commit other violations of the law, will be handled according to point b, Clause 2, Section VII of this Circular.

10. Report on the Results of Specialized Inspections, Inspection Conclusions

a) The preparation of reports on the results and conclusions of specialized inspections shall be carried out according to Decision No. 2151/2006/QĐ-TTCP of the Government Inspectorate.

b) For specialized inspections that only result in violation records and decisions on administrative penalties, a summary report on the inspection results should be prepared and sent to the person who issued the inspection decision and the head of the inspection agency at the same level. The report must clearly state the content, the violators, and the forms and results of handling.

11. Examination and Handling of Specialized Inspection Conclusions:

a) Within fifteen days from the date of the inspection conclusion, the Minister, Director-General, or Department Director has the responsibility to examine the inspection conclusion; issue a decision on handling against agencies, organizations, or individuals who violate the law; apply measures within their authority or recommend competent authorities to apply measures to rectify mechanisms, policies, and laws.

b) Handle violations according to point c, Clause 9, Section III of this Circular (if applicable).

c) Handle other forms according to the regulations of the inspection law and the specialized law.

12. Preparation and Handover of Inspection Files

a) The preparation and handover of files for specialized inspection teams shall be carried out according to point d, Clause 6, Section II of this Circular.

b) Files for administrative penalties shall be stored according to current regulations.

IV. STAMPS IN INSPECTION ACTIVITIES

1. Stamps of inspection organizations shall be managed and used according to Decree No. 58/2001/NĐ-CP dated August 24, 2001, of the Government and guiding documents.

2. Positions with the authority to impose administrative penalties in inspection organizations must register their signatures and keep them at the same-level inspection agency (Ministry Inspectorate, Bureau Inspectorate, Department Inspectorate).

3. The use of stamps by the Traffic Inspection Organization shall be as follows:

a) Inspection decisions and the establishment of inspection teams or the assignment of Inspectors to conduct inspections shall bear the stamp of the organization directly managing the authority issuing the inspection decision. In cases of delegated inspection decisions, the stamp of the delegated agency shall be affixed.

- Example 1: A decision by the Minister of the Ministry of Transport shall bear the stamp of the Ministry of Transport.

- Example 2: A decision by the Chief Inspector shall bear the stamp of the Traffic Inspection Organization where the Chief Inspector works.

- Example 3: A decision by the Director of Haiphong Maritime Port Office shall bear the stamp of the Haiphong Maritime Port Office.

- Example 4: A decision by the Head of Road Transport Inspection Team I under the Vietnam Road Transport Bureau Inspectorate shall bear the stamp of Road Transport Inspection Team I.

4. Decisions on administrative penalties shall bear the stamp of the organization managing the position with the authority to decide on penalties. If an Inspector issues a decision on administrative penalties, it shall bear the stamp of the inspection organization directly managing the Inspector or the agency directly managing the Inspector (for port offices). Stamp affixing shall follow the current format.

- Example 1: A decision on administrative penalty by the Chief Inspector of the Ho Chi Minh City Department of Transport and Public Works shall bear the stamp of the Ho Chi Minh City Department of Transport and Public Works Inspectorate;

- Example 2: A decision on administrative penalty by an Inspector of the Southern Waterway Transport Inspection Team shall bear the stamp of the Southern Waterway Transport Inspection Team;

- Example 3: A decision on administrative penalty by an Inspector of the Inspection Team under the Vietnam Waterway Transport Bureau Inspectorate shall bear the stamp of the Inspection Team;

- Example 4: A decision on administrative penalty by an Inspector of the Haiphong Maritime Port Office shall bear the stamp of the Haiphong Maritime Port Office.

5. Decisions on handling and requests of the Inspection Team Leader shall bear the stamp of the inspection organization directly managing the Inspection Team Leader.

6. In case of preparing minutes, on-the-spot decisions, or requesting to provide documents and evidence, these documents do not necessarily need to be stamped, but the person signing the decision or document must clearly write their full name, position, and original signature (no copies or photographs). In this case, the decision or document still has legal validity for enforcement.

V. COOPERATION IN INSPECTION ACTIVITIES

1. Principles and Methods of Cooperation

a) Cooperation in inspection activities must ensure the following principles:

- Not contrary to the law;

- Clearly identifying the leading agency, cooperating agencies, and specific responsibilities of each agency;

- Ensuring objectivity during the cooperation process;

- Meeting professional requirements, quality, and deadlines for cooperation;

- Cooperation being carried out periodically, at most once every year, or on a case-by-case basis.

b) Forms of Cooperation:

- Jointly conducting inspections decided by competent authorities;

- Soliciting opinions through written documents, organizing meetings, seminars, and exchanging experiences;

- Providing information and materials to support inspection activities;

- Enforcing or organizing the execution of decisions made by competent authorities;

- Jointly performing common tasks in a specific area or field, such as ensuring order, safety, and security...

c) If cooperation is regularly conducted over a period from three to twelve months, the cooperating agencies shall sign a cooperation document, report to the higher-level inspection authority and the relevant state management agency at the same level.

2. Relationship of Cooperation

a) Cooperation among traffic inspection organizations:

- This is cooperative activity aimed at fulfilling inspection duties and powers in road transport, railway, inland waterway, maritime, and air transport sectors when necessary.

- Cooperation among traffic inspection organizations is carried out based on the needs of each inspection organization, under the direction of higher-level inspection authorities or competent state management agencies in the transport sector.

b) Cooperation between traffic inspection organizations and specialized state management agencies in the transport sector:

- Traffic inspection organizations may cooperate with state management agencies in the transport sector at central or local levels to fulfill tasks as prescribed by law.

- In cases where the agency is the subject of inspection or related to the content of the inspection, it shall be carried out according to the regulations on inspection.

c) Cooperation between traffic inspection organizations and local authorities at various levels:

When necessary, traffic inspection organizations shall cooperate with local authorities at various levels to carry out inspection tasks and enforce decisions made by competent authorities.

d) Cooperation between traffic inspection organizations and public security, judicial, and military agencies:

- Within their respective duties and powers, inspection agencies have the responsibility to cooperate with public security agencies, Procuracy, Courts, and the Military in preventing, detecting, and handling violations of laws and crimes;

- Cooperating in detecting, investigating, and handling cases of violations that indicate criminal offenses proposed for prosecution by traffic inspection organizations, in accordance with Circular No. 03/2006/TTLT-VKSNDTC-TTCP-BCA-BQP dated May 23, 2006, issued jointly by the Supreme People's Procuracy, Government Inspectorate, Ministry of Public Security, and Ministry of National Defense.

đ) Cooperation between traffic inspection organizations and other organizations as prescribed by law.

VI. SAMPLES

1. During the course of inspection activities, handling violations, and administrative penalties, the authorized decision-maker for inspection, the Head of the Inspection Team, Inspectors, and members of the Inspection Team shall use the forms specified in Appendix I attached to this Circular and the forms promulgated together with Decree No. 134/2003/NĐ-CP dated November 14, 2003, of the Government detailing certain provisions of the Administrative Violation Handling Ordinance 2002.

2. Depending on the content of the inspection, when conducting specific inspection cases, the inspection agency shall prepare forms or lists of criteria to be inspected and checked (checklists) to be attached to the minutes and decisions issued pursuant to this Circular.

Example: List of inspection contents for ships, aircraft, safety equipment at seaports, airports...

3. If the inspection involves foreign elements, the inspection agency must translate the forms into English.

VII. REPORTING SYSTEM, REWARD, AND VIOLATION HANDLING

1. Reporting System for Inspection Activities

a) The units of measurement for compiling reports are unified as follows:

- Inspection: the number of times an inspection decision is made or an Inspector is assigned to perform inspection tasks.

- Administrative violation cases: the number of times violation records are prepared.

- Administrative penalty cases: the number of times competent authorities issue administrative penalty decisions (including both primary and supplementary penalties).

- Administrative handling cases: the number of times administrative disciplinary decisions are issued against civil servants, public officials, employees, and workers (if applicable).

- Units of measurement for assets, money, means of transportation, etc., are appropriate to each type.

- Other recommendation cases: the number of times recommendations are made to competent authorities to enhance state management, ensure safety and security, or prevent, temporarily suspend, or stop illegal acts as prescribed by law.

b) Ministries' Inspectors, Departments' Inspectors, and Provincial Inspectorates shall implement various types of inspection activity reports including:

- Quarterly reports for the first and third quarters;

- Mid-year summary reports for the first six months;

- Annual summary reports;

In addition to the aforementioned regular reports, traffic inspection organizations also implement special reports and ad hoc reports as required by competent authorities.

c) Content of Reports:

- Results of inspection activities (administrative inspection, specialized inspection). Provincial Inspectorates only report results of specialized traffic inspection.

- Building inspection forces.

- Difficulties, obstacles, and recommendations.

The content of monthly, quarterly, six-month, and annual reports is specified in Appendix II attached to this Circular.

d) Deadline for Reporting:

- The Inspectorate of the General Department and the Inspectorate of the Department shall submit reports to the Inspectorate of the Ministry of Transport before the 15th day of the last month of each quarter. The reporting within the Inspectorate of the General Department and the Inspectorate of the Department shall be specifically required by the Chief Inspector of the General Department and the Chief Inspector of the Department.

- The Inspectorate of the Ministry shall compile and report to the Minister and the Inspectorate of the Government before the 25th day of the last month of each quarter.

d) The Inspectorate of the Ministry shall establish regulations on the application of information technology in the provision of information and reporting on traffic inspection work.

2. Rewards and Handling of Violations

a) Rewarding:

- Organizations, entities, and individuals with achievements in traffic inspection activities shall be rewarded according to the provisions of the law.

- The Inspectorate of the Ministry has the responsibility to coordinate with the Department of Mobilization and Awards to guide, review, and propose the Minister or request the Minister to propose the Inspectorate of the Government to reward collectives and individuals in the transport sector who have achieved in traffic inspection work.

b) Handling of violations:

- Organizations, entities, and individuals who commit violations shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation. If damage is caused, compensation must be made according to the provisions of the law.

- Inspectors who violate may be suspended from duty, temporarily suspended from duty, or have their Inspector's Card revoked depending on the severity of the violation.

VIII. IMPLEMENTATION

This Circular shall take effect fifteen days after its publication in the Official Gazette. All previous provisions that conflict with this Circular are hereby abolished.

Any difficulties encountered during implementation should be reported to the Ministry of Transport by relevant organizations, entities, and individuals for consideration and resolution within their authority./.