Decree No. 125/2018/ND-CP amending and supplementing certain articles of Decree No. 64/2016/ND-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/ND-CP dated February 24, 2010 on management and protection of road traffic infrastructure.

DECREE

Amending and supplementing certain articles of Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 on management and protection of road traffic infrastructure

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Investment Law dated November 26, 2014;

Pursuant to the Road Traffic Law 2008 dated November 13, 2008;

At the proposal of the Minister of Transport;

The Government promulgates this Decree to amend and supplement certain articles of Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 on management and protection of road traffic infrastructure.

Article 1. Amending and supplementing certain articles of Decree No. 64/2016/NĐ-CP dated July 1, 2016 of the Government amending and supplementing certain articles of Decree No. 11/2010/NĐ-CP dated February 24, 2010 on management and protection of road traffic infrastructure

1. Amending and supplementing certain contents of Clause 1, Article 1; amending Clause 3, Article 12 as follows:

"3. The consulting contractor implementing traffic safety audit must meet the following conditions:
a) For national key projects, group A and group B projects, there must be at least 10 auditors; among them, at least 04 auditors must be civil engineering technicians specializing in roads, 01 auditor must be a transportation engineering technician specializing in roads, and at least 01 auditor must be qualified to serve as the Head of Traffic Safety Audit;
b) For group C projects and operational road works, there must be at least 05 auditors; among them, at least 01 auditor must be a civil engineering technician specializing in roads, 01 auditor must be a transportation engineering technician specializing in roads, and at least 01 auditor must be qualified to serve as the Head of Traffic Safety Audit."

2. Amending and supplementing certain contents of Clause 2, Article 1

a) Amending Article 12a as follows:
"Article 12a. Conditions for business establishments providing training services for traffic safety auditors
1. Must be an organization established in accordance with the provisions of the law.
2. Regarding material facilities
a) Ensuring classrooms with a minimum area of 1.5 m2 per seat, equipped with audio-visual equipment, including: screen, projector, computer, amplifier, microphone with speaker;
b) Means and equipment serving teaching and learning outside the classroom, including at least: 50 reflective vests, 01 device for measuring the reflectivity of traffic signs or road markings.
3. Regarding the teaching staff
a) Having a number of full-time teachers responsible for teaching at least 40% of the topics in the framework training program for traffic safety auditors;
b) The qualifications of teachers are stipulated in Clause 1, Article 12c of this Decree."

b) Amending Clause 1, Article 12b as follows:
"1. The application for approval of a training institution shall be compiled into one set, including:
a) A letter requesting approval of a training institution for traffic safety inspectors according to the model prescribed in Appendix VI attached hereto;
b) Certificate of Enterprise Registration or document defining functions and tasks or Decision on establishment issued by the competent authority in accordance with the law (certified copy or copy with original for comparison);
c) Declaration on material facilities;
d) List of teachers, including declaration on professional qualifications and practical experience in professional activities."

c) Amending Point b, Clause 1, Article 12c as follows:
"b) Having a bachelor's degree or higher in road transport and having at least 10 years of participation in one of the following fields: teaching about road traffic safety, state management of road traffic safety."

d) Amending Point c, Clause 1, Article 12g as follows:
"c) In the continuous three-year period, the training institution has not conducted training for traffic safety auditors."

e) Supplementing Article 12h as follows:
"Article 12h. Responsibilities of business establishments providing training services for traffic safety auditors
1. Implement training for traffic safety auditors according to the framework training program issued by the Ministry of Transport.
2. Store student records and related documents on training for traffic safety auditors in accordance with the law on record keeping.
3. Assign a person in charge of the course who has experience in organizing courses, seminars, or specialized vocational training in the field of transport."

Article 2. Transitional Provisions

Organizations that have been granted Approval Certificates for Training Institutions for Traffic Safety Auditors by the competent authority before the effective date of this Decree may continue to operate training for traffic safety auditors; for certificates granted before July 1, 2016, when the validity period stated on the certificate expires, if the business entity wishes to continue training traffic safety auditors, it must meet the conditions and complete the procedures for approval of a training institution for traffic safety auditors in accordance with Decree No. 64/2016/NĐ-CP dated July 1, 2016 and this Decree.

Article 3. Effectiveness and Responsibility for Implementation

1. This Decree takes effect from the date of issuance.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of provincial People's Committees directly under the central government, and relevant organizations and individuals are responsible for implementing this Decree./.