Decree No. 107/2012/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Transport

DECREE

Regulations on functions, tasks, powers and organizational structure of the Government Inspectorate

||| The organizational structure of the Ministry of Transport

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

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

At the proposal of the Minister of Transport;

The Government shall issue a Decree to stipulate the functions, tasks, powers, and organizational structure of the Ministry of Transport,

Article 1. Position and Functions

The Ministry of Transport is an agency of the Government, performing the function of state management over road transport, railway, inland waterway, maritime, and air transport throughout the country; managing public services according to the provisions of the law.

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;

The Ministry of Transport performs its tasks and powers as prescribed in Decree No. 36/2012/NĐ-CP dated April 18, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submit draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the annual legislative program of the Ministry approved; projects and programs assigned by the Government and the Prime Minister; strategies, plans for development, long-term, five-year, and annual plans; national programs and projects within the scope of state management of the Ministry.

4. Directing, guiding, inspecting, supervising, and being responsible for organizing the implementation of legal normative documents, strategies, plans already approved within the scope of state management of the ministry; providing information, propaganda, dissemination, and education on laws within the scope of state management of the ministry.

3. Issue circulars, decisions, directives, and other documents on state management of the sectors and fields under the Ministry's jurisdiction; direct, guide, inspect, and organize the implementation of normative legal documents within the Ministry’s scope of management.

Develop national standards, promulgate national technical regulations, economic-technical norms in the sectors and fields under the Ministry's state management; organize management, guidance, and inspection of business activities with conditions in the transport sector according to the list prescribed by the Government and the Prime Minister.

4. Direct, guide, inspect, audit, and be responsible for organizing the implementation of normative legal documents, strategies, plans, and programs already approved within the scope of the Ministry's state management; disseminate information, promote, popularize, and educate the law in the fields under the Ministry's state management.

c) Implementing the tasks and powers of the specialized ministry for investment construction projects of transportation infrastructure; announcing lists of investment projects and forms of investment in transportation infrastructure according to the law;

d) Submitting to the Government regulations on the protection zones of inland waterway channels, road safety zones, railway safety zones according to the law; directing and inspecting local People's Committees at all levels in implementing measures to protect transportation safety zones;

b) Issue construction standards (except for urban traffic infrastructure construction standards) and regulations on the management of traffic infrastructure within the authority; regulations on maintenance, management, and utilization of traffic infrastructure nationwide; direct and inspect the organization of maintenance to ensure technical standards and regulations of the operational traffic network managed by the Ministry.

c) Implement the tasks and powers of the investment decision-making body and the investor for infrastructure construction projects; announce the list of investment projects called for capital and forms of infrastructure investment according to the law;

d) Submit to the Government for the regulation of the scope of protection zones for inland waterway channels, road safety zones, railway safety zones according to the law; direct and inspect the People's Committees at all levels in implementing measures to protect traffic safety zones;

đ) Announce and direct the organization of the operation of opening and closing airports and establishing air routes after being approved by the Prime Minister; decide on temporarily closing and reopening airports; announce the opening and closing of seaports, port waters, shipping lanes, inland waterway ports, railway stations, and inland waterway routes according to the law;

6. Regarding transportation vehicles, equipment for exploration, exploitation, and transportation at sea; special-purpose equipment for loading and unloading, construction in transportation (excluding equipment for defense and security purposes and fishing vessels) and special-purpose equipment:

g) Submit to the Government for the regulation of classification, naming, or numbering of roads and technical standards of various levels of roads; decide on the classification and adjustment of the national highway system; provide detailed guidelines for naming and numbering roads.

6. Regarding transportation vehicles, loading and unloading equipment, specialized construction equipment in transportation (excluding vehicles serving defense and security purposes and fishing boats) and specialized technical equipment in transportation:

a) Organize the registration of ships and aircraft according to the Government's regulations; stipulate the registration and issuance of license plates for railway and inland waterway transportation vehicles and specialized motorcycles participating in transportation;

b) Stipulate the quality and technical safety standards, environmental protection requirements for motorized transportation vehicles;

c) Stipulate and guide the implementation of technical standards and regulations, the inspection of technical safety quality of motorized road transportation vehicles, railway transportation vehicles, inland waterway transportation vehicles, aviation, maritime transportation vehicles, loading and unloading equipment, specialized construction equipment, and specialized facilities and equipment used in transportation and other purposes according to the law;

d) Issue certificates of airworthiness for aircraft; issue export airworthiness certificates for aircraft, aircraft engines, and propellers when exporting; issue or recognize type certificates for aircraft, aircraft engines, and propellers produced in Vietnam or imported;

đ) Stipulate the technical design review process in the production, assembly, repair, and modification of transportation vehicles, loading and unloading equipment, specialized construction equipment, and specialized technical equipment in transportation;

e) Stipulate technical standards and operating conditions for design, production, maintenance, or testing facilities for aircraft, aircraft engines, propellers, and aircraft equipment in Vietnam; service providers ensuring flight operations and facilities inspecting the technical safety quality and environmental protection of motorized road transportation vehicles, railway transportation vehicles, inland waterway transportation vehicles, aviation, maritime transportation vehicles, and other equipment and facilities according to the law.

7. Regulate training, examination, certification, recognition, revocation of professional licenses, certificates for drivers of transportation vehicles, operators of specialized transportation equipment (excluding drivers and operators of specialized equipment serving defense and security purposes and fishing boats) and special workers in the transportation sector.

8. Regarding road, railway, inland waterway, maritime, civil aviation, and multimodal transport:

a) Guide and inspect the implementation of transport business conditions, development mechanisms, and policies for transport services according to the Government's regulations;

b) Provide technical standards and norms, operational technology, and transport management.

c) Announce civil air routes after approval by the Prime Minister; announce road, railway, inland waterway transport routes, and public transport networks as prescribed by law.

d) Guide the implementation of multimodal transport according to the Government's regulations;

đ) Organize the issuance of permits for civil aviation activities; direct and inspect the implementation of coordination management regulations for civil aviation activities;

e) Provide detailed regulations on managing activities at airports, seaports, inland waterway ports, railway stations, inland waterway and maritime traffic lanes, and civil aviation routes.

9. On traffic safety:

a) Take the lead or coordinate to organize the implementation of comprehensive projects on ensuring traffic safety nationwide after they have been approved by the Prime Minister; guide and inspect the implementation of measures to ensure road, railway, inland waterway, maritime, and civil aviation safety within the scope of the Ministry's functions and tasks;

b) Approve the civil aviation security program, plans for handling aircraft hijackings, and approve the civil aviation security programs of foreign airlines; take the lead in conducting inspections and providing information on aviation and maritime security as prescribed by law;

c) Guide procedures for investigating air accidents according to government regulations; organize the investigation and handling of maritime and civil aviation accidents as prescribed by law;

d) Take the lead or coordinate in organizing search and rescue operations in road, railway, inland waterway, maritime, and civil aviation traffic according to its authority.

10. On environmental protection in transportation activities:

a) Organize the review of strategic environmental impact assessment reports for strategies, plans, and master plans within the Ministry’s approval authority, and environmental impact assessment reports for infrastructure construction investment projects and industrial production facilities under the Ministry’s jurisdiction as prescribed by law;

b) Coordinate with the Ministry of Natural Resources and Environment, relevant ministries, ministerial-level agencies, and provincial people's committees to direct, guide, and inspect the implementation of laws on environmental protection and other related legal provisions concerning infrastructure construction and transportation activities; monitor and inspect the implementation of environmental protection laws in areas under the Ministry's management;

c) Prescribe the issuance of Environmental Compliance Certificates for motor vehicles, railway vehicles, inland waterway vessels, maritime vessels, and aircraft (excluding military and police vehicles used for national defense and security purposes and fishing vessels); take the lead in guiding inspections and confirming environmental standards for automobiles and other motor vehicles;

11. Implement international cooperation in the field of road, rail, inland waterway, maritime, and air transportation as prescribed by law;

12. Direct the organization of scientific research plans, development, and technology transfer in the field of road, rail, inland waterway, maritime, and air transportation; direct the establishment and implementation of programs and projects applying information technology, building databases, and ensuring information services for state management and meeting the needs of organizations and individuals involved in transportation activities;

13. Regarding public services:

a) Manage public services in sectors and fields under the Ministry's state management authority as prescribed by law;

b) Develop and issue standards, procedures, conformity assessment criteria, and economic-technical norms for the organization of public service provision activities in sectors and fields;

c) Guide organizations in implementing public services according to the law;

14. Regarding enterprises and cooperatives:

a) Issue or submit to competent authorities for issuance mechanisms and policies to support enterprise and cooperative development in the transportation sector and coordinate with relevant agencies and organizations to direct, guide, and inspect the implementation;

b) Approve or submit to competent authorities for approval comprehensive restructuring plans, reorganization and development plans for state-owned enterprises operating in the transportation sector and direct their implementation according to assigned levels of authority;

c) Guide and inspect the implementation of regulations for business sectors and services with conditions and handle violations within the authority;

d) Exercise rights, responsibilities, and obligations of the state owner towards state-owned enterprises and state capital invested in other enterprises as prescribed by law;

15. Regarding public-private partnership:

a) Issue or submit to competent authorities for issuance of normative legal documents, strategies, and investment plans from non-state budget funds for infrastructure transportation projects;

b) Submit to the Government and the Prime Minister for approval or approve according to their authority mechanisms and policies to attract non-state budget capital for transportation infrastructure and service projects under PPP, BOT, BT, and BTO models;

c) Organize investment promotion and mobilization of non-state budget funds in accordance with strategies, plans, and approved project lists;

d) Guide, inspect, and compile lists of priority programs and projects to attract non-state budget capital; monitor and evaluate the implementation and effectiveness of attracting and using non-state budget capital in these programs and projects;

16. Perform duties and powers over associations and non-governmental organizations under the Ministry's state management authority as prescribed by law;

17. Conduct inspections, handle complaints and denunciations, prevent and combat corruption and misconduct, and handle violations of the law according to the Ministry's state management functions;

18. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister; propose or decide according to their authority the implementation of decentralization in state management over sectors and fields;

19. Manage organizational structure, staffing, cadres, civil servants, and public officials; implement salary systems and incentive, reward, and disciplinary policies for cadres, civil servants, and public officials under the Ministry's management as prescribed by law;

20. Financial management of assets assigned and organize the implementation of budget management allocated as prescribed by law.

21. Perform other tasks and exercise other powers assigned by the Government and the Prime Minister and as prescribed by law.

Article 3. Organizational Structure

1. Department of Planning and Investment;

2. Department of Finance;

3. Department of Transportation Infrastructure;

4. Department of Traffic Safety;

5. Legal Department;

6. Department of Transport;

7. Science and Technology Department;

8. Environment Department;

9. Department of International Cooperation;

10. Enterprise Management Department;

11. Cadre and Civil Servant Management Department;

12. Inspectorate;

13. Office;

14. Vietnam Highway Administration;

15. Vietnam Maritime Administration;

16. Vietnam Civil Aviation Authority;

17. Vietnam Railway Administration;

18. Vietnam Inland Waterways Administration;

19. Vietnam Vehicle Inspection Center;

20. Construction Management and Quality Control Department;

21. Transport Health Service;

22. Information Technology Center;

23. Institute of Strategy and Transport Development;

24. Transport Management Cadre School;

25. Transport News;

26. Transport Magazine;

The organizations specified from Clause 1 to Clause 21 of this Article assist the Minister in performing state management functions, while those specified from Clause 22 to Clause 26 serve as public service units supporting the Ministry's state management functions;

The Cadre and Civil Servant Management Department shall be organized into three divisions, and the Planning and Investment Department shall be organized into one division;

The Vietnam Maritime Administration, Vietnam Inland Waterways Administration, and Construction Management and Quality Control Department shall have branches located in certain localities;

The Minister of Transport shall submit to the Prime Minister for approval: The functions, responsibilities, powers, and organizational structure of the Vietnam Highway Administration, and issue a list of remaining public service organizations directly under the Ministry.

The Minister of Transport shall prescribe the functions, tasks, powers, and organizational structure of units under the Ministry, except for the units prescribed in Clause 14 of this Article.

Article 4. Effective date

1. This Decree takes effect from February 15, 2013.

2. This Decree replaces Government Decree No. 51/2008/NĐ-CP dated April 22, 2008, which prescribes the functions, tasks, powers, and organizational structure of the Ministry of Transport; and abolishes previous provisions that are contrary to this Decree.

Article 5. Transitional Provisions

1. The Vietnam Highway Administration continues to implement current laws until the Minister of Transport submits to the Prime Minister regulations on the functions, tasks, powers, and organizational structure of this unit.

2. The Vietnam Maritime Administration and the Vietnam Civil Aviation Administration continue to implement current laws until the Minister of Transport prescribes the functions, tasks, powers, and organizational structure of these units.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.