Decree No. 12/2017/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Transport

DECREE DICTION NOT PROVIDEDH

Specifies the functions, tasks, powers, and organizational structure of the Ministry of Transport

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organization of the ||| Based on the Investment Law on November 26, 2014 and the Law amending and supplementing Article 62015;

Decree No. 123/2016/NĐ-CP dated September 1, 2016 of the Government stipulating functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;The Government promulgates the Decree stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport. The Ministry of Transport is an agency of the Government, implementing state management over land transport, railway, inland waterway, maritime, and air transport throughout the country; managing state services according to the laws.

At the proposal of the Minister of Transport;

The Ministry of Transport performs tasks and powers as prescribed in the Government's Decree No. 123/2016/NĐ-CP dated September 1, 2016 stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies and the following specific tasks and powers:

Article 1. Position and Functions

1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, 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, programs assigned by the Government, Prime Minister; strategies, plans for development, medium-term and annual public investment plans; national programs, projects within the scope of state management of the ministry.

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;

2. Submitting to the Prime Minister draft decisions, directives, and other documents according to the division of labor.

3. Issuing circulars, decisions, directives, and other documents within the scope of state management of the ministry; directing, guiding, inspecting, and organizing the implementation of legal normative documents within the scope of 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.

5. Regarding transportation infrastructure:

a) Directing the implementation of planning and development plans for transportation infrastructure systems already approved by the Prime Minister;

b) Issuing construction standards (except urban transportation infrastructure construction standards) and regulations on the management of transportation infrastructure within its authority; regulations on maintenance, management, and operation of transportation infrastructure nationwide; directing and inspecting the organization of maintenance to ensure technical standards of operating transportation works managed by the ministry;

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;

đ) Announcing and directing the implementation of opening and closing airports, air routes after approval by the Prime Minister; deciding temporary closure and reopening of airports; announcing opening and closing of seaports, inland ports, port waters, shipping lanes, inland waterway ports, railway stations, railway lines, railway crossings according to the law;

e) Organizing the registration and issuance of Airport Registration Certificates according to the law;

g) Managing the operation of airport facilities according to the law;

h) Submitting to the Government regulations on classification, naming, or numbering of roads and technical standards of road classes; deciding on classification and adjustment of national highways; guiding detailed naming and numbering of roads.

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:

a) Organizing the registration of ships and aircraft according to the Government's regulations; prescribing the registration and issuance of license plates for railway transportation vehicles, inland waterway transportation vehicles, and special-purpose motorcycles participating in traffic;

b) Prescribing technical safety quality, environmental protection, and occupational health and safety standards for transportation vehicles, equipment for exploration, exploitation, and transportation at sea;

c) Prescribing and guiding the implementation of technical standards, testing, certification of technical safety quality, and environmental protection of motorized road transportation vehicles, railway transportation vehicles, inland waterway transportation vehicles, air transportation vehicles, maritime transportation vehicles, equipment for exploration, exploitation, and transportation at sea; special-purpose loading and unloading, construction equipment, special-purpose works, equipment used in transportation and other purposes according to the law;

d) Issuing Aircraft Airworthiness Certificates; issuing Export Airworthiness Certificates for aircraft, aircraft engines, aircraft propellers when exporting; issuing or recognizing Type Certificates for aircraft, aircraft engines, aircraft propellers produced in Vietnam or imported.

b) Prescribe technical safety standards, environmental protection, and occupational health and safety for transportation vehicles, exploration equipment, exploitation, and marine transportation devices;

c) Specify and guide the implementation of technical standards and regulations, inspection, testing, and certification of technical safety and environmental protection for road motor vehicles, railway transportation vehicles, inland waterway transportation vehicles, aviation, maritime transportation vehicles, exploration and exploitation equipment, marine transportation devices; specialized loading and unloading equipment, construction machinery, dedicated facilities and equipment used in transportation and other purposes as prescribed by law;

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

đ) Provide regulations on the technical design review in production, assembly, repair, modification of transportation means, handling equipment, specialized construction equipment, and technical equipment in the field of transportation, marine exploration, exploitation, and transportation equipment, and other equipment and facilities as prescribed by law.

e) Provide technical standards and norms, operational conditions for design bases, production, maintenance, or testing of aircraft, aircraft engines, aircraft propellers, and aircraft equipment in Vietnam; service providers ensuring flight operations and quality safety technical inspection and environmental protection facilities for transportation means, marine exploration, exploitation, and transportation equipment, and other equipment and facilities as prescribed by law.

g) Establish a list; issue inspection procedures, manage types of machines, equipment, materials, substances with strict requirements for labor safety under its authority; issue, reissue, extend, and revoke certificates of qualification for technical safety labor inspections according to its authority.

7. Provide regulations on training, instruction, examination, issuance, recognition, revocation of licenses, certificates, and qualifications for persons operating transportation means, specialized equipment in transportation (excluding those operating specialized equipment for national defense and security purposes and fishing vessels), and special job positions within 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. Regarding traffic safety and security:

a) Take the lead or coordinate in implementing comprehensive projects to ensure traffic safety nationwide after approval by the Prime Minister; guide and inspect the implementation of traffic safety measures on roads, railways, inland waterways, maritime, and civil aviation within the scope of the ministry's functions and tasks.

b) Approve the civil aviation security program; take the lead or coordinate in conducting security and safety inspections and providing information on civil aviation and maritime security as prescribed by law.

c) Guide accident investigation procedures for aircraft incidents as prescribed by the Government; organize the investigation and handling of maritime accidents and civil aviation incidents 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. Regarding the environment in transportation activities:

a) Organize the assessment of strategic environmental impact reports for strategies, plans within the ministry's approval authority, and environmental impact assessments for investment construction and infrastructure operation projects within the ministry's authority as prescribed by law.

b) Implement environmental protection laws in transportation infrastructure construction, transportation vehicle management, and other activities under its management as prescribed by law.

c) Provide regulations on issuing Environmental Standard Certificates for motorized road transportation vehicles, railway, inland waterway, maritime transportation vehicles, marine exploration, exploitation, and transportation equipment, and civil aviation (excluding military and police transportation vehicles used for national defense and security purposes and fishing vessels); lead in guiding the inspection and confirmation of environmental standards for automobiles and other motor vehicles.

d) Provide technical standards and energy consumption quotas for transportation vehicles; guide, inspect, and supervise compliance with energy consumption quotas for transportation vehicles.

đ) Develop and manage specialized meteorological and hydrological observation station networks in the field of transportation.

11. Implement international cooperation and integration in the field of road, railway, inland waterway, maritime, and civil aviation transportation as prescribed by law.

12. Direct the organization of scientific research plans, development, transfer, and application of technology in the field of road, railway, inland waterway, maritime, and civil aviation 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 participating in transportation activities.

13. Regarding public services:

a) Implement state management over public services in sectors and fields under the scope of state management of the ministry as prescribed by law;

b) Provide criteria and quality standards for public service; mechanisms for inspecting, evaluating, and certifying the quality of public services and the effectiveness of public service units' operations within the management area.

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

14. Regarding enterprises and cooperatives:

a) Submit to competent authorities for promulgation of support mechanisms and policies for 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, reform and development plans for state-owned enterprises operating in the transportation sector and direct their implementation according to assigned responsibilities and levels.

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, Prime Minister for approval or approve within its authority mechanisms and policies to attract non-state budget capital for transportation infrastructure and service projects under public-private partnership 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, programs, and priority 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 tasks and exercise powers over associations and non-governmental organizations within the scope of the ministry's state management as prescribed by law.

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

18. Decisions and directives to implement the administrative reform program of the ministry according to the objectives and content of the State administrative reform program approved by the Prime Minister; propose or decide within their authority on the implementation of decentralization in state management over the sector and field.

19. Management of organizational structure, staffing, cadres, civil servants, public officials; implement salary systems and other incentive policies, rewards, and disciplinary measures for cadres, civil servants, and public officials under the management of the ministry 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 Transport Infrastructure.

4. Department of Traffic Safety.

7. Ministry Office;

6. Department of Transport.

7. Department of Science and Technology.

8. Department of Environment.

9. Department of International Cooperation.

10. Department of Enterprise Management.

11. Department of Organization and Cadre Management.

12. Department of Public-Private Partnership.

13. Inspectorate.

14. Office.

15. Vietnam Highway Administration.

16. Vietnam Maritime Administration.

17. Vietnam Civil Aviation Administration.

18. Vietnam Railway Administration.

19. Vietnam Inland Waterways Administration.

20. Vietnam Vehicle Inspection Center.

21. Construction Management and Transportation Project Quality Control Bureau.

22. Transport Health Bureau.

23. Information Technology Center.

24. Institute of Strategy and Development of Transportation.

25. School of Transportation Management Cadres.

26. Transport Newspaper.

27. Journal of Transportation.

The organizations specified from Clause 1 to Clause 22 of this Article are organizations assisting the Minister in performing state management functions; the organizations specified from Clause 23 to Clause 27 of this Article are public service units serving the state management functions of the ministry.

The Planning and Investment Department, Legal Affairs Department have 01 division. The Cadre and Civil Service Department has 04 divisions. The Inspectorate has 07 divisions. The Office has 09 divisions.

The Vietnam Maritime Administration has an Office, the Office of the Permanent Secretariat of the IMO Vietnam Committee, 12 divisions, 02 branches, and 25 port inspection offices.

The Vietnam Civil Aviation Administration has an Office, 12 divisions, and 03 port inspection offices.

The Vietnam Inland Waterways Administration has an Office, 08 divisions, 03 branches, and 05 port inspection offices.

The Vietnam Railways Administration has an Office, 10 divisions.

The Vietnam Vehicle Inspection Center has an Office, 14 divisions, and 24 branches.

The Construction Management and Transportation Project Quality Control Bureau has an Office, 07 divisions, and 01 branch.

The Transport Health Bureau has an Office and 04 divisions.

Airports, maritime ports, and inland waterway port inspection offices are agencies implementing state management functions, applying the financial mechanism of public service units as stipulated in Decree No. 141/2016/NĐ-CP dated October 10, 2016 of the Government on the self-management mechanism of public service units in the economic public service sector and other public services.

The Minister of Transport shall submit to the Prime Minister for approval the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration; submit to the Prime Minister for issuance the list of public service units directly subordinate to the ministry.

The Minister of Transport shall prescribe the functions, tasks, powers, and organizational structure of the organizations directly subordinate to the ministry, except for the Vietnam Highway Administration.

Article 4. Effective date

1. This Decree takes effect from March 26, 2017.

2. This Decree replaces Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government prescribing the functions, tasks, powers, and organizational structure of the Ministry of Transport; abolishes previous regulations that conflict with this Decree.

Article 5. Transitional Provisions

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

2. The organizations directly subordinate to the Ministry (except for the Vietnam Highway Administration) continue to implement current legal provisions 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 agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.