Joint Circular No. 12/2008/TTLT-BGTVT-BNV guiding the functions, tasks, powers, and organizational structure of specialized agencies for transportation under provincial and district People's Committees.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure

of the specialized agencies for transportation

under the People's Committee at the provincial and district levels

__________________________

Pursuant to Decree No. 13/2008/NĐ-CP dated February 4, 2008 of the Government on the organization of specialized agencies under the People's Committees of provinces and centrally governed cities;

Pursuant to Decree No. 14/2008/NĐ-CP dated February 4, 2008 of the Government on the organization of specialized agencies under the People's Committees of districts, towns, and provincial-level cities;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government on 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;

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs.

The Ministry of Transport and the Ministry of Home Affairs guide the functions, tasks, powers, and organizational structure of specialized agencies for transportation at the provincial and district levels as follows:

Part I

DEPARTMENT OF TRANSPORTATION

I. POSITION AND FUNCTION

1. The Department of Transportation is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as the Provincial People's Committee) with the function of advising and assisting the Provincial People's Committee in performing state management over transportation, including: roads, inland waterways, transport, and traffic safety within its jurisdiction.

2. The Department of Transportation has legal personality, its own seal and separate bank account; it is subject to the direction and management of the Provincial People's Committee regarding organization, staffing, and personnel work; at the same time, it is subject to the direction, guidance, inspection, and supervision of the Ministry of Transport in terms of professional matters.

II. TASKS AND POWERS

1. Submit to the provincial People's Committee:

a) Draft decisions, directives, and other documents within the authority to issue of the Provincial People's Committee on transportation;

b) Draft plans, five-year programs, annual plans, projects, and measures to organize the implementation of administrative reform in transportation within the scope of management of the Department;

c) Investment projects in transportation within the authority to decide of the Provincial People's Committee;

d) Draft regulations on qualification standards for heads and deputy heads of units under the Department of Transportation; participate with relevant agencies in drafting regulations on qualification standards for heads and deputy heads of specialized departments responsible for state management of transportation under district and county People's Committees (hereinafter referred to as District People's Committees);

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft documents within the authority to issue of the Chairman of the Provincial People's Committee on transportation;

b) Draft decisions on establishing, merging, dissolving, and restructuring units under the Department of Transportation in accordance with the law; coordinate with the Department of Home Affairs to submit draft decisions on ranking public service units managed by the Department of Transportation to the Chairman of the Provincial People's Committee in accordance with guidelines from the Ministry of Transport and the Ministry of Home Affairs.

3. Implement legal regulations, plans, programs, projects, standards, technical norms, and economic-technical quotas in the field of transportation issued or approved by competent state authorities; disseminate information, promote, popularize, and educate the law on transportation within the province.

4. On traffic infrastructure:

a) Organize the implementation of tasks and powers of the investment decision-making agency and the project owner for construction investment projects of traffic infrastructure according to the classification level of the province;

b) Manage and maintain the network of road and inland waterway infrastructure currently in operation under the responsibility of the province or entrusted management, ensuring technical standards and norms;

c) Implement measures to protect traffic safety zones and transportation works within the province in accordance with the law, guidelines from the Ministry of Transport, and specialized state management agencies;

d) Announce, according to its authority, the opening and closing of local inland waterway routes and ports and wharfs on these routes and dedicated lines connecting to local inland waterway routes in accordance with the law; organize the issuance of permits for river passenger ferry operations;

đ) Advise and assist the Provincial People's Committee in classifying and adjusting the system of provincial roads and other roads in accordance with the law and the delegation of the Provincial People's Committee;

e) Establish and manage the signaling system for roads and local inland waterways within its jurisdiction;

g) Provide comments on construction projects on local inland waterways and dedicated lines connecting to local inland waterways in accordance with the law; issue permits for construction on operational roads managed by the locality or entrusted by the central government;

h) Organize the enforcement of state management tasks and powers at bus stations, parking lots, rest stops, and ports and wharfs on local roads and inland waterways managed by the locality.

5. Regarding means of transportation and their operators, specialized equipment for loading and unloading, and construction in transportation (excluding means of transportation serving defense and security purposes and fishing vessels) and technical equipment for specialized transportation:

a) Implement vehicle registration for inland waterway transportation and license plate issuance for specialized motorcycles of organizations and individuals in the locality in accordance with the law and the delegation of the Ministry of Transport;

b) Implement quality and environmental protection inspections for land and inland waterway transportation vehicles in accordance with the law and the delegation of the Ministry of Transport;

c) Review technical designs for repairs and modifications of transportation vehicles, specialized loading and unloading equipment, and construction equipment in land and inland waterway transportation in accordance with the law and the delegation of the Ministry of Transport;

d) Organize the training, examination, issuance, renewal, revocation of licenses, certificates, and diplomas for drivers of transportation vehicles and operators of specialized equipment in transportation; issue certificates for driving instructors at driving schools within the jurisdiction; issue or propose competent authorities to issue and revoke licenses for driving schools within the jurisdiction according to laws and the分级授权的交通部规定；向地方个人颁发从事道路运输工具和内河运输工具设计服务的职业资格证书。

6. On transportation:

a) Chair or coordinate with relevant agencies to implement policies for developing public passenger transportation services according to the regulations of the Provincial People's Committee;

b) Organize the implementation of passenger transport management by fixed routes, contracts, tourist transport, and public bus transport according to laws; issue international transport permits and special operation permits for motorized road traffic vehicles according to laws and分级授权的交通部规定；

c) Guide and inspect the construction of bus stations within the jurisdiction according to approved planning; manage passenger transport routes; organize and manage passenger transport services within the jurisdiction;

d) Announce and monitor the trial operation of fast passenger ships and register passenger transport routes operating on local inland waterways;

7. On traffic safety:

a) Take the lead or coordinate with relevant agencies to implement search and rescue operations for road, railway, inland waterway, maritime, and air accidents occurring within the jurisdiction according to laws and assignments from the provincial People's Committee; cooperate in handling traffic accidents within the jurisdiction when requested;

b) Implement measures to prevent and reduce traffic accidents, stop and handle acts of encroachment on traffic works and occupation of traffic safety corridors;

c) Serve as the permanent body or member of the Provincial Traffic Safety Committee according to assignments from the provincial People's Committee;

d) Review traffic safety on provincial roads; intersections between district and commune roads and provincial roads; connection points of production and business service facilities along provincial roads.

8. Implement laws on environmental protection in transportation under the department's administrative supervision according to laws.

9. Assist the provincial People's Committee in managing state-owned enterprises, collective economic organizations, private economic organizations; guide and inspect activities of associations and non-governmental organizations in the field of transportation according to laws.

10. Provide professional guidance on transportation to specialized agencies under the provincial People's Committee;

11. Guide and inspect the implementation of self-management and responsibility mechanisms for public service units under the department's management according to分级授权的规定和法律；

12. Implement international cooperation in the field of transportation according to laws and assignments or delegations from the provincial People's Committee; take the lead or participate in reviewing, evaluating, and implementing research topics, programs, and projects related to technological progress in transportation within the jurisdiction;

13. Inspect, check, and handle violations of laws on road and inland waterway transportation, protect traffic works, ensure traffic order and safety within the province; resolve complaints, accusations, and anti-corruption efforts according to laws or assignments from the provincial People's Committee;

14. Define the functions, tasks, and powers of the Office, Inspection Department, specialized departments, and public service units under the department; manage staffing, implement salary systems, and policies, incentives, training, rewards, and disciplinary actions for cadres, civil servants, and officials under the department's administrative supervision according to分级授权的规定和法律；

15. Manage finances and assets assigned according to分级授权的规定和法律；

16. Implement information reporting and periodic and ad hoc reports on the implementation of assigned tasks according to the provincial People's Committee and the Ministry of Transport, National Traffic Safety Committee regulations;

17. Perform other tasks assigned by the provincial People's Committee or according to laws.

III. ORGANIZATIONAL STRUCTURE AND STAFFING

1. Leadership of the Department:

a) The Department of Transportation has a Director and no more than three Deputy Directors; for Hanoi and Ho Chi Minh City, no more than four Deputy Directors;

b) The Director of the Department is the head of the Department, responsible to the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for all activities of the Department; responsible for reporting work to the provincial People's Council, provincial People's Committee, and the Ministry of Transport according to regulations;

c) The Deputy Director of the Department assists the Director, responsible to the Director and the law for assigned tasks; when the Director is absent, a Deputy Director appointed by the Director shall oversee the Department's activities;

d) The appointment of the Director and Deputy Directors of the Department is decided by the Chairman of the provincial People's Committee based on professional standards issued by the Ministry of Transport and according to laws. The removal, dismissal, commendation, punishment, and implementation of policies and systems for the Director and Deputy Directors of the Department are carried out according to laws.

2. Structure

a) Unified organizations established in the Department include: Office; Inspection Department; and Planning and Finance Department.

b) Specialized departments are established according to the characteristics of each locality to manage various fields and aspects of the Department's work: infrastructure management; transport management, vehicles, and drivers; traffic safety, and other areas as prescribed by laws.

BASED ON THE NATURE, CHARACTERISTICS, AND REQUIREMENTS FOR STATE MANAGEMENT OF THE TRANSPORT INDUSTRY AT THE LOCAL LEVEL, THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION SHALL TAKE THE LEAD IN COORDINATING WITH THE DIRECTOR OF THE DEPARTMENT OF ADMINISTRATIVE AFFAIRS TO SUBMIT TO THE CHAIRMAN OF THE PROVINCE PEOPLE'S COMMITTEE FOR DECISION THE SPECIFIC NUMBER AND NAMES OF SPECIALIZED AND BUSINESS DIVISIONS UNDER THE DEPARTMENT, BUT NOT MORE THAN FIVE DIVISIONS, AND NOT MORE THAN SIX DIVISIONS FOR HA NOI CITY AND HO CHI MINH CITY.

c) SUBORDINATE PUBLIC SERVICE UNITS OF THE DEPARTMENT INCLUDE: A COLLEGE OF TRANSPORTATION OR A COLLEGE OF TRANSPORTATION; A VOCATIONAL COLLEGE OR A VOCATIONAL SCHOOL; A SKILL TRAINING CENTER; A LICENSE TESTING AND ISSUANCE CENTER FOR MOTOR VEHICLE DRIVING LICENSES; A TECHNICAL INSPECTION CENTER FOR MECHANIZED TRAFFIC EQUIPMENT AND VEHICLES (UNTIL TRANSFERRED TO A BUSINESS ENTITY) OR ANOTHER-NAMED CENTER (IF ANY); A WATERWAY PORT MANAGEMENT UNIT OR A PORT MANAGEMENT BOARD (WHERE THERE IS NO WATERWAY PORT MANAGEMENT UNIT); A PASSENGER TERMINAL MANAGEMENT BOARD OR A PASSENGER TERMINAL; A PROJECT MANAGEMENT BOARD FOR CONSTRUCTION OF TRAFFIC INFRASTRUCTURE (UNTIL TRANSFERRED TO A CONSULTANT PROJECT MANAGEMENT ORGANIZATION); A RIVER SEGMENT MANAGEMENT UNIT, A ROAD SEGMENT MANAGEMENT UNIT, A FERRY STATION OR A RIVER-ROAD SEGMENT MANAGEMENT UNIT (OPERATING DURING THE TRANSITION PERIOD BEFORE BEING CONVERTED INTO A BUSINESS ENTITY); OTHER PUBLIC SERVICE UNITS (IF ANY).

3. Staffing:

a) THE ADMINISTRATIVE STAFF ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION IS DETERMINED BY THE PROVINCE PEOPLE'S COMMITTEE BASED ON THE TOTAL ESTABLISHMENT PROVIDED BY THE CENTRAL GOVERNMENT.

b) THE PUBLIC SERVICE STAFF ESTABLISHMENT OF SUBORDINATE PUBLIC SERVICE UNITS UNDER THE DEPARTMENT OF TRANSPORTATION IS DETERMINED BY THE PROVINCE PEOPLE'S COMMITTEE IN ACCORDANCE WITH THE STAFF STANDARDS AND LEGAL REGULATIONS.

Part II

SPECIALIZED AGENCIES AT THE DISTRICT LEVEL

I. POSITION AND FUNCTION

1. THE URBAN MANAGEMENT DIVISION OR THE INDUSTRY AND TRADE DIVISION SHALL SERVE AS THE SPECIALIZED AGENCY WITH THE FUNCTION OF ADVISING AND ASSISTING THE DISTRICT PEOPLE'S COMMITTEE IN EXERCISING STATE MANAGEMENT OVER TRANSPORTATION AND OTHER AREAS AS PROVIDED BY LAW (FOR OTHER AREAS UNDER THE URBAN MANAGEMENT DIVISION OR THE INDUSTRY AND TRADE DIVISION, GUIDANCE SHALL BE PROVIDED BY THE CORRESPONDING MINISTRY).

2. THE URBAN MANAGEMENT DIVISION OR THE INDUSTRY AND TRADE DIVISION SHALL HAVE SEPARATE SEALS AND ACCOUNTS; THEY SHALL BE SUBJECT TO THE DIRECTIVES AND MANAGEMENT OF THE DISTRICT PEOPLE'S COMMITTEE REGARDING ORGANIZATION, STAFFING, AND PERSONNEL MATTERS, AND SIMULTANEOUSLY SHALL BE SUBJECT TO THE DIRECTIVES, GUIDANCE, INSPECTION, AND AUDIT REGARDING SPECIALIZED AND BUSINESS MATTERS IN TRANSPORTATION BY THE DEPARTMENT OF TRANSPORTATION.

II. TASKS AND POWERS

 1. SUBMIT TO THE DISTRICT PEOPLE'S COMMITTEE:

 a) DRAFT DECISIONS, DIRECTIVES, PLANS, LONG-TERM, FIVE-YEAR, AND ANNUAL PROGRAMS; PROPOSALS AND PROGRAMS FOR DEVELOPING TRANSPORTATION ON THE DISTRICT LEVEL;

b) Draft programs and solutions for mobilizing and coordinating inter-sectoral efforts in implementing traffic safety assurance work in the area;

c) INVESTMENT PROJECTS FOR BUILDING TRAFFIC INFRASTRUCTURE ON THE DISTRICT LEVEL ACCORDING TO THE GRADING OF THE PROVINCE PEOPLE'S COMMITTEE;

d) DRAFT DECISIONS OF THE DISTRICT PEOPLE'S COMMITTEE ON CLASSIFYING COMMUNE ROADS ACCORDING TO THE LAWS.

2. IMPLEMENT LEGISLATIVE DOCUMENTS, PLANS, PROPOSALS, PROGRAMS, AND OTHER DOCUMENTS RELATED TO TRANSPORTATION AFTER APPROVAL BY THE AUTHORIZED AUTHORITIES.

3. MANAGE AND MAINTAIN THE TRAFFIC NETWORK OF ROAD AND INLAND WATERWAY ENGINEERING WORKS OPERATED BY THE DISTRICT, ENSURING TECHNICAL STANDARDS AND REGULATIONS.

4. Manage transportation activities in the area in accordance with the law and guidelines from authorized state agencies;

5. IMPLEMENT MEASURES TO PREVENT, STOP, AND HANDLE VIOLATIONS OF TRAFFIC INFRASTRUCTURE AND ENCROACHMENTS ON TRAFFIC SAFETY ZONES; COORDINATE WITH RELEVANT AUTHORITIES IN CLEARING ENCROACHMENTS ON TRAFFIC SAFETY ZONES ON THE DISTRICT LEVEL ACCORDING TO GUIDANCE FROM THE DEPARTMENT OF TRANSPORTATION AND DIRECTIVES FROM THE DISTRICT PEOPLE'S COMMITTEE.

6. SERVE AS THE STANDING BODY OF THE DISTRICT TRAFFIC SAFETY COMMITTEE; COORDINATE WITH RELEVANT AUTHORITIES TO IMPLEMENT SEARCH AND RESCUE OPERATIONS FOR ROAD, RAIL, INLAND WATERWAY, MARINE, AND AIR TRANSPORT INCIDENTS OCCURRING ON THE DISTRICT LEVEL.

7. PROVIDE SPECIALIZED AND BUSINESS GUIDANCE ON TRANSPORTATION TO STAFF OF COMMUNE, WARD, AND TOWNHOOD LEVELS ON THE DISTRICT LEVEL.

8. IMPLEMENT PUBLICITY, EDUCATION, AND INFORMATION DISSEMINATION ON TRANSPORTATION AND PUBLIC SERVICES IN THE TRANSPORTATION FIELD ACCORDING TO THE LAWS.

9. REPORT REGULARLY AND SPONTANEOUSLY ON THE IMPLEMENTATION OF TASKS IN THE ASSIGNED AREAS TO THE DISTRICT PEOPLE'S COMMITTEE AND THE DEPARTMENT OF TRANSPORTATION.

10. PERFORM OTHER TRANSPORTATION TASKS ASSIGNED BY THE DISTRICT PEOPLE'S COMMITTEE OR AS REQUIRED BY LAW.

III. ORGANIZATION AND STAFFING

1. THE HEAD OF THE URBAN MANAGEMENT DIVISION OR THE INDUSTRY AND TRADE DIVISION SHALL DIRECTLY MANAGE OR ASSIGN THE DEPUTY HEAD TO MANAGE THE SPECIALIZED AND BUSINESS MATTERS OF THE DIVISION IN THE FIELD OF TRANSPORTATION.

2. BASED ON THE NEEDS OF TRANSPORTATION MANAGEMENT ON THE DISTRICT LEVEL, THE DISTRICT PEOPLE'S COMMITTEE SHALL ALLOCATE ENOUGH STAFF TO HANDLE TRANSPORTATION TASKS WITHIN THE TOTAL ADMINISTRATIVE STAFFING PROVIDED BY THE PROVINCE PEOPLE'S COMMITTEE.

Part III

IMPLEMENTATION

1. THIS CIRCULAR SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE GAZETTE AND SHALL REPLACE CIRCULAR JOINTLY ISSUED NUMBER 93/TT-LT ON MARCH 29, 1997 BY THE MINISTRIES OF TRANSPORTATION AND ADMINISTRATION - CIVIL SERVICE OF THE GOVERNMENT, GUIDING THE FUNCTIONS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION AND THE DEPARTMENT OF TRANSPORTATION AND PUBLIC WORKS (COLLECTIVELY REFERRED TO AS THE DEPARTMENT OF TRANSPORTATION) IN PROVINCES AND DIRECTLY-GOVERNED CITIES (COLLECTIVELY REFERRED TO AS PROVINCES).

2. Provincial People's Committees and centrally governed city People's Committees:

a)  SPECIFY THE FUNCTIONS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT OF TRANSPORTATION; GUIDE THE DISTRICT PEOPLE'S COMMITTEE TO SPECIFY THE TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE SPECIALIZED AGENCY WITH THE FUNCTION OF STATE MANAGEMENT OVER TRANSPORTATION UNDER THE DISTRICT PEOPLE'S COMMITTEE;

b) BASED ON THE CHARACTERISTICS, ECONOMIC-SOCIAL DEVELOPMENT SITUATION, AND REQUIREMENTS FOR STATE MANAGEMENT AT THE LOCAL LEVEL, DECIDE ON THE ESTABLISHMENT, MERGER, DISSOLUTION, AND REORGANIZATION OF SUBORDINATE PUBLIC SERVICE UNITS UNDER THE DEPARTMENT ACCORDING TO THE APPROVED PLAN AND GUIDELINES SET OUT IN THIS JOINT CIRCULAR.

3. THE CHAIRMEN OF THE PEOPLE'S COMMITTEES OF PROVINCES AND DIRECTLY-GOVERNED CITIES SHALL BE RESPONSIBLE FOR IMPLEMENTING THIS JOINT CIRCULAR.

DURING THE IMPLEMENTATION, IF ANY NEW ISSUES OR DIFFICULTIES ARISE, THE PROVINCES AND DIRECTLY-GOVERNED CITIES SHALL PROMPTLY REFLECT THEM TO THE MINISTRY OF TRANSPORTATION AND THE MINISTRY OF HOME AFFAIRS FOR REVIEW AND RESOLUTION ACCORDING TO THEIR AUTHORITY./.