Decision No. 05/2005/QD-BGTVT on the functions, tasks, powers, and organization of the Inspectorate of the Vietnam Highway Administration

DECISION I

Regulations on functions, tasks, powers, and organization of the Vietnam Highway Administration Inspectorate

THE MINISTER OF TRANSPORTATION

Pursuant to the Inspection Law No. 22/2004/QH11 dated June 15, 2004;

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

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

At the proposal of the Director of the Vietnam Highway Administration and the Inspector General of the Ministry of Transport,

DECISION:

Article 1. Position and functions

The Vietnam Highway Administration Inspectorate (hereinafter referred to as the Inspectorate) is an agency under the transport inspection organizational system, performing administrative inspection and specialized inspection functions within the scope of management of the Vietnam Highway Administration.

The Inspectorate is subject to direct management and direction by the Director of the Vietnam Highway Administration (hereinafter referred to as the Director) and guidance on work, organization, and specialized inspection activities by the Inspector General of the Ministry of Transport.

The Inspectorate has its own seal, opens an account at the State Treasury, and uses the seal of the Vietnam Highway Administration when the Chief Inspector acts on behalf of the Director to sign documents.

The Inspectorate's English name is Vietnam Road Administration Inspectorate, abbreviated as ROAI.

Article 2. Tasks and powers of the Inspectorate

1. Participate in drafting draft regulatory legal documents on road transport; take the lead or participate in drafting draft regulatory legal documents related to the organization and operation of highway inspection according to the assignment of the Director.

2. Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals directly managed by 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 of road construction projects directly managed by the Ministry of Transport according to the delegation; technical standards and environmental protection of road transport vehicles according to the assignment of the Ministry of Transport.

b) Responsibilities for protecting road infrastructure according to the law on the organization of road infrastructure management; responsibilities for ensuring traffic safety during construction on operational roads directly managed by the Ministry of Transport;

c) Standards and procedures for quality and technical safety inspection of facilities for road transport vehicles;

d) Conditions and standards for drivers of motorized road vehicles;

đ) Training, examination, issuance, renewal, and revocation of driver’s licenses for motorized road vehicles;

e) Road transport operations and supporting services according to the delegated management.

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

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

6. Assist the Inspector General of the Ministry of Transport in guiding specialized road transport inspection business for Provincial Transport Inspectorates (or Provincial Public Works Departments).

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

8. Coordinate with other Ministry of Transport Inspectorates, inspectorates of other ministries and sectors, local authorities, and relevant agencies during the inspection and supervision process concerning areas related to road transport; cooperate with law enforcement agencies in preventing, stopping, and combating violations of law within the scope of assigned duties and powers.

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

10. Manage staffing, assets, and operating funds of the Inspectorate according to regulations.

11. Perform other tasks and powers stipulated by law and assigned by the Director and the Inspector General of the Ministry.

Article 3. Tasks and powers of the Chief Inspector

1. Lead and direct inspection work within the scope of national management of the Vietnam Highway Administration; directly manage and direct the Inspectorate to perform tasks and powers according to this Decision and other legal provisions.

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

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

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

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

6. Decide to suspend or recommend competent authorities to suspend illegal specialized actions of agencies, organizations, and individuals if sufficient grounds determine that such actions cause damage to state interests, citizens' rights and lawful interests, or obstruct the inspection process; in case such recommendation is not accepted, report to the Inspector General of the Ministry of Transport.

7. Decide to suspend or recommend competent authorities to suspend illegal specialized actions of agencies, organizations, and individuals if sufficient grounds determine that such actions cause damage to state interests, citizens' rights and lawful interests, or obstruct the inspection process.

8. Recommend the Director or request relevant organizations and individuals to take necessary measures to ensure current road transport safety conditions.

9. Base on inspection team reports to conclude on inspection contents for cases where the Chief Inspector 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 supporting organizations of the Inspector General of the Directorate include: Highway Inspection Board I, located in Hanoi City; Highway Inspection Board II, located in Vinh City, Nghe An Province; Highway Inspection Board III, located in Da Nang City; Highway Inspection Board IV, located in Ho Chi Minh City, and regional inspection teams.

The Highway Inspection Boards shall be established, reorganized, or dissolved at the proposal of the Director of the Directorate and the Inspector General of the Ministry of Transport. The inspection teams shall be established, reorganized, or dissolved by the Director of the Directorate. The Director of the Directorate shall specify the specific tasks and scope of operation of the Highway Inspection Boards and inspection teams in accordance with the assigned tasks and legal regulations.

The Highway Inspection Boards and inspection teams shall have offices and seals for their operational activities. Highway Inspection Boards and inspection teams located far from the office of the Directorate's Inspector shall open accounts to receive funds for their regular operations.

2. The Directorate's Inspector includes the Inspector General, Deputy Inspector Generals, Heads of Boards, Deputy Heads of Boards, Team Leaders, Deputy Team Leaders, Inspectors, specialists, clerical staff, and other employees.

The Inspector General of the Directorate shall be appointed or relieved of duty by the Director of the Directorate after reaching a consensus with the Inspector General of the Ministry of Transport in writing. Deputy Inspector Generals of the Directorate, Heads of Boards, and Deputy Heads of Boards shall be appointed or relieved of duty by the Director of the Directorate upon the recommendation of the Inspector General of the Directorate. Team Leaders and Deputy Team Leaders shall be appointed or relieved of duty by the Inspector General of the Directorate.

Inspectors shall be appointed or relieved of duty in accordance with the regulations of the Minister of Transport.

3. The staffing of the Directorate's Inspector falls under the administrative staffing of the Vietnam Highway Directorate allocated annually by the Minister of Transport.

Article 5. Effectiveness and Responsibility for Implementation

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

2. The Heads of the Office, the Inspector General of the Ministry of Transport, the Director of the Vietnam Highway Directorate, the Heads of agencies, organizations, and individuals concerned shall be responsible for implementing this Decision./.