Joint Circular No. 116/TT-LT guiding the organization and staffing of traffic inspection at all levels

JOINT CIRCULAR

Guidelines on the organization and staffing of traffic inspection at all levels

Implementing Decree No. 80/CP dated December 5, 1996 of the Government on the organization and operation of specialized traffic inspection in transportation, based on Article 6 of this Decree, the Ministry of Transport and the Civil Service Committee of the Government provide guidelines on the organization and staffing of specialized traffic inspection in road, railway, and inland waterway transportation.

A. FUNCTIONS

The specialized traffic inspection in road, railway, and inland waterway transportation performs the function of inspecting and supervising entities, organizations, and individuals, including foreign organizations and individuals, operating within the territory of Vietnam to ensure compliance with laws and directives issued by the Ministry of Transport regarding the protection of transportation infrastructure and safety in road, railway, and inland waterway transportation; handling administrative violations related to the protection of transportation infrastructure and safety according to the provisions of the law.

- The Minister of Transport uniformly organizes, directs, and oversees the activities of traffic inspection in transportation nationwide.

B. DUTIES AND POWERS OF TRAFFIC INSPECTIONg

The specialized traffic inspection in transportation fulfills its duties and powers as prescribed in Article 8 of Decree No. 80/CP dated December 5, 1996 on the organization and operation of specialized traffic inspection in transportation, and specific regulations of the Ministry of Transport.

C. ORGANIZATIONAL SYSTEM OF TRAFFIC INSPECTION AT ALL LEVELS

I. SPECIALIZED TRAFFIC INSPECTION IN ROAD TRANSPORTATION

1. The organizational system of traffic inspection in road transportation includes:

a. The Road Traffic Inspection Board under the Vietnam Highway Administration has the function of managing inspection and supervision work for road transportation safety in the entire country.

The Road Traffic Inspection Board is headed by the Board Director, assisted by Deputy Directors.

b. Establish Road Traffic Inspection Units under Highway Management Zones II, VI, V, and VII (under the Vietnam Highway Administration). These units have the function of managing, directing, organizing implementation, and coordinating with traffic inspection units under Provincial Departments of Transport and Public Works in inspecting and supervising entities and individuals, both Vietnamese and foreigners, operating within their jurisdiction to comply with laws and directives of the Ministry of Transport regarding the protection of transportation infrastructure and road transportation safety, following the guidance and business management of the Road Traffic Inspection Board under the Vietnam Highway Administration.

Road traffic inspection units at various levels are headed by the Inspection Chief, assisted by Deputy Inspectors.

c. Road traffic inspection units may have subordinate departments or representatives stationed at sub-zones, vehicle weighing stations, toll booths, etc.

Road traffic inspection units operate in accordance with the law and are directly supervised by the Director of the Vietnam Highway Administration.

2. The Director of the Road Traffic Inspection Board is appointed by the Minister of Transport upon the recommendation of the Director of the Vietnam Highway Administration; Deputy Directors of the Road Traffic Inspection Board are appointed by the Director of the Vietnam Highway Administration upon the recommendation of the Director of the Road Traffic Inspection Board.

Lower-level Inspection Chiefs and Deputy Inspectors are appointed by the Director of the Vietnam Highway Administration.

II. SPECIALIZED TRAFFIC INSPECTION IN RAILWAY TRANSPORTATION

1. The organizational system of traffic inspection in railway transportation includes:

a. The Railway Traffic Inspection Board temporarily located at the Vietnam Railways Corporation is responsible for conducting specialized traffic inspection work for railway transportation across the national railway network.

The Railway Traffic Inspection Board is headed by the Board Director, assisted by Deputy Directors.

b. Establish Railway Traffic Inspection Units in Regions I, II, and III under the Railway Traffic Inspection Board, headquartered at Joint Transport Enterprises 1, 2, and 3, which have the functions of organizing implementation and coordinating with traffic inspection units under Provincial Departments of Transport (Public Works) to inspect and supervise entities operating within their jurisdiction to comply with laws regarding the protection of railway infrastructure and railway transportation safety.

Railway traffic inspection units operate in accordance with the law and are directly supervised by the head of the state management agency in charge of the railway sector.

2. The Director of the Railway Traffic Inspection Board is appointed by the Minister of Transport upon the recommendation of the head of the state management agency in charge of the railway sector; Deputy Directors of the Railway Traffic Inspection Board are appointed by the head of the state management agency in charge of the railway sector upon the recommendation of the Director of the Railway Traffic Inspection Board.

Lower-level Inspection Chiefs and Deputy Inspectors are appointed by the head of the state management agency in charge of the railway sector.

III. SPECIALIZED TRAFFIC INSPECTION IN INLAND WATERWAY TRANSPORTATION

1. The organizational system of traffic inspection in inland waterway transportation includes:

a. The Inland Waterway Traffic Inspection Board under the Vietnam Riverway Administration has the function of conducting specialized traffic inspection for inland waterway transportation throughout the country, while directly overseeing traffic inspection in the northern provinces.

b. Establish the "Inland Waterway Traffic Inspection Board" in the South, headquartered at the Southern Riverway Branch, to perform tasks in southern provinces and cities. The Inland Waterway Traffic Inspection Board in the South has the function of managing, directing, organizing implementation, and coordinating with local traffic inspection units under Provincial Departments of Transport (Public Works) to inspect and supervise entities operating on inland waterways within their jurisdiction to comply with laws and directives of the Ministry of Transport regarding the protection of transportation infrastructure and inland waterway transportation safety.

The Inland Waterway Traffic Inspection Board is headed by the Board Director, assisted by Deputy Directors.

c. Establish inspection teams for inland waterway traffic located in regions (subordinate to the Inland Waterway Traffic Inspection Board) with offices at inland waterway port services and management sections.

Inland waterway traffic inspection operates in accordance with the provisions of the law, directly under the direction of the Director of the Vietnam Inland Waterways Administration.

2. The Head of the Inland Waterway Traffic Inspection Board subordinate to the Vietnam Inland Waterways Administration is appointed by the Minister of Transport upon the proposal of the Director of the Vietnam Inland Waterways Administration; the Deputy Head of the Inland Waterway Traffic Inspection Board is appointed by the Director of the Vietnam Inland Waterways Administration upon the proposal of the Head. The Heads and Deputies of lower-level inland waterway traffic inspectors are appointed by the Director of the Vietnam Inland Waterways Administration.

IV- SPECIALIZED TRANSPORT INSPECTION OF LOCAL AUTHORITIES

(PROVINCES AND CITIES UNDER THE CENTRAL GOVERNMENT) COLLECTIVELY REFERRED TO AS PROVINCES

1. The organizational structure of local transport inspection includes the Transport Inspection Board under the Department of Transport (Department of Transport and Public Works) which assists the People's Committee of provinces and centrally-administered cities in managing specialized transport inspection work, directing and organizing cooperation with central specialized road, railway, and inland waterway transport inspections within their territorial jurisdiction.

The Transport Inspection Board under the Department has specialized inspection units for road and inland waterway transport (located in regions, road management sections, inland waterway management sections, river ports, bus stations, parking lots, counties, towns).

Local transport inspection bodies at all levels operate according to the Circular guiding the Ministry of Transport, under the direction of the Chairman of the People's Committee of the locality and the direct management of the Department Director.

The Chairman of the People's Committee of the province decides on the establishment of the Transport Inspection Board under the Department and specifies the organizational structure of the Board.

2. The Head of the Transport Inspection Board under the Department is appointed by the Chairman of the People's Committee of the province upon the proposal of the Director of the Department of Transport (Transport and Public Works). The Deputy Head of the Transport Inspection Board under the Department and those responsible for inspection organizations under the Transport Inspection Board are appointed by the Director of the Department of Transport (Transport and Public Works) upon the proposal of the Head of the Transport Inspection Board.

V- STAFFING OF THE ORGANIZATIONAL STRUCTURE OF TRANSPORT INSPECTION AT ALL LEVELS

The staffing of the Transport Inspection Board under the specialized state management agency, the Department of Transport (Transport and Public Works) is included in the administrative management staffing of these agencies.

Specific staffing of the Transport Inspection Boards is determined by the Minister - Head of the Civil Service Bureau of the Government according to the annual staffing plan, ensuring efficiency, meeting the requirements of implementing tasks, and based on the proposals of the Minister of Transport and the Chairman of the People's Committee of the province.

D- IMPLEMENTATION

1. Provincial People's Committees, specialized state management agencies under the Ministry, and Vietnamese Railway Management Organizations base their organization of specialized transport inspection boards on the Law stipulating the specific duties and powers of the People's Councils and People's Committees at each level, the Law on Protection of Transport Infrastructure, and related legal regulations (Government Decrees 36/CP, 39/CP, 40/CP, 80/CP) to ensure that these boards have sufficient capacity to fulfill their assigned responsibilities and powers.

2. The organizational structure of transport inspection at all levels, managing inspectors must strictly adhere to the institutional procedures prescribed by current laws when performing official duties; while maintaining close and intimate relations with relevant central and local authorities (defense forces, traffic police...) to ensure the fulfillment of their assigned responsibilities and tasks.

3. This Circular takes effect from the date of issuance. Any previous regulations and guidelines concerning the above matters that conflict with this Circular shall be implemented according to this Circular.

During implementation, any difficulties or suggestions for supplementation or amendment should be reported to the Ministry of Transport and the Civil Service Bureau of the Government for joint consideration and decision./.