Decision No. 107/2009/QĐ-TTg stipulates the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration under the Ministry of Transport.

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration under the Ministry of Transport

________________________

 PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Considering the proposal of the Minister of Transport,

DECISION:

Article 1. Position and Functions

1. The Vietnam Highway Administration is a subordinate agency under the Ministry of Transport, performing the function of advising and assisting the Minister of Transport in managing state affairs in the specialized field of road transport and implementing state management responsibilities for road transport nationwide.

2. The Vietnam Highway Administration has legal personality, a seal with the National Emblem, a separate account, and its headquarters in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Drafting and submitting to the Minister of Transport for issuance within his/her authority or for the Minister of Transport to submit to the competent state agency for issuance:

||| a) Draft laws, ordinances, and draft regulatory legal documents on road transport;

||| b) Strategies, plans, long-term programs, five-year plans, annual plans, national programs, projects, and development proposals for road transport throughout the country.

2. Drafting national standards, national technical regulations, and economic-technical norms in the specialized field of road transport, submitting to the Minister of Transport for issuance within his/her authority or for the Minister to request the competent authority to review and publish; organizing the drafting, reviewing, and publishing of basic standards in the specialized field of road transport.

3. Directing, inspecting, and organizing the implementation of regulatory legal documents, mechanisms, policies, strategies, national programs, plans, projects, and schemes on road transport after they have been approved or issued by the competent authority.

5. Regarding investment construction, operation, and maintenance of road infrastructure:

||| 5. On management, operation, and maintenance of road infrastructure:

a. Drafting and submitting to the Minister of Transport for issuance regulations on the management, operation, and maintenance of road transport infrastructure;

b) Drafting and submitting to the Minister of Transport for decision on classifying and adjusting the national highway system; regulations on connecting to roads; regulations on road load limits and dimensions; announcing load limits and dimensions of national highways; regulations on traffic signs; speed limits and the placement of speed limit signs; organizing and operating vehicle weight inspection stations; regulations on issuing permits for oversized and overweight vehicles, tracked vehicles, and vehicles transporting extra-long and extra-heavy cargo;

c) Drafting and submitting to the Minister of Transport for submission to the competent authority for issuance mechanisms to generate funds for the construction, management, and maintenance of road transport infrastructure and organizing their implementation;

d) Organizing traffic on the national highway system, ensuring safe and smooth traffic; managing, operating, and maintaining road transport infrastructure under the administration of the Vietnam Highway Administration according to technical standards and regulations;

||| đ) Guiding the management, operation, and maintenance of local roads; compiling the development status of the local road system nationwide;

e) Drafting unit prices for public service products and services in the management and maintenance of national highways, submitting to the competent authority for approval in accordance with the provisions of the law;

||| g) Drafting toll and fee rates for roads, submitting them to competent authorities for approval and organizing toll and fee collection activities according to the law;

h) Cooperating with relevant agencies and local authorities to protect road transport infrastructure and road safety zones.

||| 6. On investment management of road infrastructure:

a) Drafting and submitting to the Minister of Transport for issuance technical standards and regulations on road transport infrastructure within his/her authority and guiding the implementation checks;

b) Performing the duties and powers of the investment decision-making agency and project owner for road construction projects in accordance with the law and the classification by the Minister of Transport;

c) Performing the duties and powers of the competent state agency for investment projects under the BOT, BTO, BT, and other contractual forms delegated or authorized by the Minister of Transport.

7. On the management of motor vehicles and drivers of motor vehicles on road transport (excluding motor vehicles and drivers of motor vehicles serving defense and security purposes):

a) Drafting and submitting to the Minister of Transport for issuance regulations on training, examination, issuance, renewal, and revocation of driving licenses for drivers of motor vehicles; regulations on issuing certificates of traffic law training for special-purpose motorcycle drivers participating in road transport and guiding the implementation;

b) Drafting and submitting to the Minister of Transport for issuance regulations on the organization and management of driving license examination centers; issuing certificates of qualification for driving license examination centers for motor vehicles in accordance with the law and guiding and checking the implementation;

d) Manage training, examination, and issuance of driving licenses for motor vehicles and certificates of traffic law knowledge enhancement for special-purpose motorcycle drivers participating in traffic according to the delegation of the Minister.

d) Managing the training, examination, and issuance of driving licenses for motor vehicles and certificates of traffic law training for special-purpose motorcycle drivers participating in road transport according to the classification by the Minister of Transport;

d) Organizing the registration of special-purpose motorcycles participating in road transport;

||| e) Collaborating in drafting technical standards and norms for transportation equipment and devices;

8. On management of road transport:

a) Drafting and submitting to the Minister of Transport for issuance regulations on the organization and management of passenger and cargo transportation by motor vehicles and supporting transportation services; technical standards for bus terminals, parking lots, rest stops, toll stations, and vehicle weight inspection stations;

b) Drafting and submitting to the Minister of Transport for approval international cooperation programs and plans in road transport; drafting and submitting to the Minister of Transport for submission to the competent authority for approval proposals for signing or joining international agreements on road transport; participating in international agreement negotiations according to delegation, classification, and organizing negotiations, signing international agreements, and cooperation programs according to the provisions; organizing the issuance of international road transport permits according to international agreements and agreements on road transport according to the classification by the Minister of Transport;

c) Managing road transport activities and supporting transportation services by motor vehicles in accordance with the law; managing passenger transport routes by motor vehicles according to the division of labor by the Minister of Transport;

d) Guide and inspect the implementation of business conditions for road transport; guide the development of collective economic organizations in road transport;

đ) Coordinate in developing pricing frameworks for freight rates, loading and unloading, and other monopoly-operated supporting services for road transport, as well as those subsidized by the State or entrusted to enterprises;

9. On road traffic safety:

a) Drafting and submitting to the Minister of Transport for issuance proposals and solutions to ensure road traffic order and safety; guiding and inspecting the implementation of measures to ensure road traffic safety in accordance with the law;

b) Organize propaganda on road traffic safety and measures to reduce road traffic accidents;

c) Organize the work of preventing and combating typhoons and floods, and coordinate search and rescue operations in road traffic according to the division of labor by the Minister of Transport;

d) Develop and submit to the Minister of Transport regulations on the assessment of road traffic safety in construction and management of roads; implement and coordinate the implementation of projects related to road traffic safety;

đ) Coordinate with public security agencies in providing registration data for road transport vehicles, accident data, and issuing, renewing, and revoking driver's licenses;

10. On environmental protection in road transport:

a) Develop and submit to the Minister of Transport standards and technical regulations on the environment for road transport infrastructure;

b) Organize the preparation and submission to competent authorities for approval of strategic environmental impact assessments for investment projects in constructing road transport infrastructure according to the classification by the Minister of Transport;

c) Implement programs, projects, proposals, plans, and programs on environmental protection in the construction, management, and maintenance of road transport infrastructure under the jurisdiction of the Vietnam Highway Administration;

11. Implement international cooperation in road transport according to the classification by the Minister of Transport;

12. Study and apply scientific progress and transfer technology in the field of road transport; establish and maintain specialized electronic information portals and databases to serve the management of road transport;

13. Perform certain rights and obligations of state capital owners towards state-owned enterprises under the Vietnam Highway Administration according to the classification or delegation by the Minister of Transport;

14. Conduct inspections, audits, handle complaints and denunciations, prevent corruption, practice thrift, and combat waste within the scope of management of the Vietnam Highway Administration; inspect, audit, and process organizations and individuals violating laws on road transport according to their authority;

15. Manage the organizational structure and personnel of cadres, civil servants, officials, and workers, and utilize approved staffing according to regulations; implement salary systems and policies, rewards, punishments, training, and professional development for cadres, civil servants, officials, and workers under the jurisdiction of the Vietnam Highway Administration; manage subordinate units according to the classification by the Minister of Transport;

16. Manage finances and assets assigned, organize the implementation of budget management according to legal provisions and the classification by the Minister of Transport;

17. Implement bidding, ordering, or assigning production plans and provision of public goods and services in the field of roads according to legal provisions;

18. Carry out other tasks and powers delegated by the Minister of Transport and as stipulated by law;

Article 3. Organizational Structure

1. Organizations assisting the Director-General:

a) Department of Planning and Investment;

b) Department of Finance;

c) Department of Infrastructure Construction and Road Safety;

d) Department of Road Management and Maintenance;

đ) Department of Science and Technology, Environment, and International Cooperation;

e) Department of Transportation and Legal Affairs;

g) Department of Vehicle and Driver Management;

h) Department of Organization and Cadre Management;

i) Office;

k) Highway Inspectorate;

l) Road Construction Management Bureau;

2. Public Service Units:

a) Zone 2 Road Management;

b) Zone 4 Road Management;

c) Zone 5 Road Management;

d) Zone 7 Road Management;

đ) Northern Transport College;

e) Southern Transport College;

g) Highway Mechanic Vocational College;

h) Highway Transport Vocational College;

i) Vietnam Highway Magazine;

k) Project Management Board 2;

l) Project Management Board 4;

m) Project Management Board 5;

n) Project Management Board 6;

o) Project Management Board 7;

The Minister of Transport decides on the establishment, reorganization, and dissolution of public service units under the Vietnam Highway Administration according to legal provisions;

Article 4. Leadership of the General Department

1. The Vietnam Highway Administration has a Director-General and not more than three Deputy Director-Generals;

2. The Director-General of the Vietnam Highway Administration is appointed, relieved of duty, or dismissed by the Minister of Transport according to legal provisions. Deputy Director-Generals are appointed, relieved of duty, or dismissed by the Minister of Transport upon the recommendation of the Director-General of the Vietnam Highway Administration;

3. The Director-General of the Vietnam Highway Administration is responsible before the Minister of Transport and the law for all activities of the Vietnam Highway Administration. Deputy Director-Generals are responsible before the Director-General and the law for the tasks assigned by the Director-General;

4. The Director-General of the Vietnam Highway Administration defines the functions, tasks, powers, and organizational structure of subordinate organizations; submits to the Minister of Transport for defining the functions, tasks, powers, and organizational structure of the Road Construction Management Bureau and the Highway Inspectorate;

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from October 10, 2009;

2. Repeal the following decisions of the Minister of Transport: Decision No. 2567/2003/QĐ-BGTVT dated August 29, 2003 on the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration, Decision No. 1790/QĐ-BGTVT dated August 29, 2006 on the restructuring of some assisting organizations of the Director-General of the Vietnam Highway Administration, Decision No. 748/QĐ-BGTVT dated April 6, 2007 on the establishment and reorganization of some assisting organizations of the Director-General of the Vietnam Highway Administration;

3. The Minister of Transport, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and the Director-General of the Vietnam Highway Administration are responsible for implementing this Decision./.