Decree No. 136/2004/ND-CP On the organization and operation of traffic transport inspection

DECREE

On the organization and operation of Traffic Transport Inspection

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THE GOVERNMENT

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

Pursuant to the Vietnam Maritime Code dated June 30, 1990;

Pursuant to the Civil Aviation Law of Vietnam dated December 26, 1991; the Law Amending and Supplementing Certain Provisions of the Civil Aviation Law of Vietnam dated April 20, 1995;

WHEREAS, the Road Traffic Law dated June 29, 2001;

Pursuant to the Traffic Construction Protection Ordinance dated December 2, 1994;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Pursuant to the Inspection Ordinance dated April 1, 1990;

At the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Position and functions of Traffic Transport Inspection

Traffic Transport Inspection is organized into a system, at the central level under the Ministry of Transport, at the local level under the Department of Transport (or Department of Transport and Public Works), performing state inspection and specialized inspection within the scope of state management over road, railway, inland waterway, maritime, and air transport according to the provisions of the law.

Article 2. Objects of Traffic Transport Inspection

1. Organizations and individuals under the jurisdiction of state management authorities for traffic transport.

2. Vietnamese organizations and individuals and foreign organizations and individuals participating in activities related to traffic transport in Vietnam; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions from this Decree, the provisions of such international treaties shall apply.

Article 3. Content of activities of Traffic Transport Inspection

1. Inspecting and checking the objects specified in Clause 1, Article 2 of this Decree on the implementation of policies, laws, and tasks assigned by competent authorities.

2. Inspecting and checking the objects specified in Clause 2, Article 2 of this Decree on the following matters:

a) Ensuring conditions, standards, and quotas for infrastructure, transportation means, and equipment, and measures to ensure traffic safety; conditions, standards, and professional certificates and documents of persons operating transportation means and equipment;

b) Responsibility for protecting traffic infrastructure;

c) Implementing legal provisions on transportation operations;

d) Training, testing, issuing, renewing, and revoking Driving Licenses for transportation means.

3. Discovering, recording in minutes, taking preventive measures, deciding according to authority or recommending competent authorities to decide on administrative violations.

4. Assisting the head of the same-level agency in organizing citizen reception, handling complaints and reports according to the law.

5. Guiding content and training inspection business for lower-level Traffic Transport Inspections.

6. Recommending competent authorities to amend, supplement, or issue regulatory legal documents consistent with laws, ordinances, and requirements for state management of traffic transport.

Article 4. Principles of operation of Traffic Transport Inspection

The operation of Traffic Transport Inspection must comply with the law, ensuring accuracy, objectivity, transparency, democracy, and promptness. No agency, organization, or individual may intervene illegally in the inspection activities of Traffic Transport Inspection.

Article 5. Working relationships of Traffic Transport Inspection

1. Inspection organizations within the Traffic Transport Inspection system operate under the direct management and guidance of the head of the state management authority for traffic transport at the same level and the guidance on work, organization, and inspection business of higher-level inspection agencies.

2. The Ministry of Transport's Inspection is subject to the guidance on work, organization, and inspection business of the State Inspector General according to the law.

3. The Ministry of Transport's Inspection directs work, guides specialized inspection business for Department Inspections; manages and guides work, organization, and inspection business activity for Inspections of corresponding Bureaus under the Ministry of Transport.

4. Traffic Transport Inspection collaborates with Inspections of other Ministries, sectors, and relevant agencies during the inspection process concerning issues related to the field of traffic transport and in preventing, stopping, and combating illegal acts.

Chapter II

SYSTEM OF ORGANIZATION AND DUTIES, LIMITS OF POWER OF TRAFFIC TRANSPORT INSPECTION

PART I:

ORGANIZATIONAL SYSTEM

Article 6. Organizational System

1. The Inspectorate under the Ministry of Transport (hereinafter referred to as the Inspectorate under the Ministry) and the Inspectorates of road transport, railway transport, inland waterway transport, maritime transport, and air transport under the respective Departments under the Ministry of Transport (hereinafter referred to as the Inspectorates under the Departments under the Ministry of Transport).

2. The Inspectorate under the Department of Transport or the Department of Transport Infrastructure (hereinafter referred to as the Inspectorate under the Department).

3. The organizations of traffic inspection have their own seals and separate accounts.

PART II: INSPECTORATE UNDER THE MINISTRY

Article 7. Organization of the Inspectorate under the Ministry

1. The Inspectorate under the Ministry is an agency directly under the Ministry of Transport, performing the functions of state inspection and specialized inspection within the scope of management of the Ministry of Transport.

2. The Inspectorate under the Ministry has a Department established by the Minister of Transport.

3. The Inspectorate under the Ministry has the Inspector General, Deputy Inspector General, Heads of Departments, Deputy Heads of Departments, Inspectors; these positions are appointed and relieved according to the provisions of the law.

4. The Minister of Transport shall specify the organization, tasks, and powers of the Inspectorate under the Ministry.

Article 8. Tasks and powers of the State Audit Office

1. Participate in drafting draft regulatory legal documents on inspection work; take the lead or participate in drafting draft regulatory legal documents related to the organization and activities of traffic inspectorates for submission to the Minister of Transport for issuance within his/her authority or for submission to the competent authority for issuance.

2. Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals under the management of the Minister of Transport.

3. Supervise, guide, and inspect the heads of agencies and organizations under the management of the Minister of Transport in implementing legal regulations on inspection, programs, plans, and inspection business.

4. Organize anti-corruption work, thrift, and waste prevention; assist the Minister in organizing citizen reception, handling complaints and denunciations according to the law.

5. Manage the organization and activities of inspections; train and enhance inspection business skills for Inspectors, inspection cooperators, and heads of agencies and organizations under the management of the Minister of Transport.

6. Perform specialized inspection tasks in transportation according to the provisions of the law.

7. Assist the Minister of Transport in managing state affairs regarding inspection work. Check, verify, and issue decisions to amend, supplement, or replace decisions on handling violations made by the Inspectorates under the Departments and Inspectorates under the Departments if there is evidence that such decisions violate the law or cause damage to national interests, citizens' rights, and legitimate interests.

8. Perform other duties and powers as prescribed by law.

PART III:

INSPECTORATES OF DEPARTMENTS UNDER THE MINISTRY OF TRANSPORT

Article 9. Organization of Inspectorates under Departments under the Ministry of Transport

1. The Inspectorates under Departments under the Ministry of Transport perform the functions of state inspection and specialized inspection within the scope of management of the Departments.

2. The Inspectorates under Departments have the Inspector General, Deputy Inspector General, Inspectors; these positions are appointed and relieved according to the provisions of the law.

3. The Minister of Transport shall specify the organization, tasks, and powers of the Inspectorates of road transport, railway transport, inland waterway transport, maritime transport, and air transport in accordance with the specialized administrative management functions of the Departments.

Article 10. Tasks and Powers of Inspectorates under Departments under the Ministry of Transport

1. Inspect the implementation of policies, laws, and assigned tasks by agencies, organizations, and individuals under the management of the Director of the Department.

2. Inspect compliance with procedures, norms, and technical regulations for objects specified in Article 2 of this Decree within the scope of specialized administrative management of the Department.

3. Cease illegal acts in the specialized field against agencies, organizations, and individuals when there is sufficient evidence to determine that such acts cause damage to national interests, citizens' rights, and legitimate interests.

4. Seize and confiscate evidence and means of violation; revoke the right to use licenses and certificates in the field of specialized transportation management according to the provisions of the law.

5. Apply administrative penalty measures according to the provisions of the law.

6. Perform other tasks and powers as prescribed by law.

PART IV: PROVINCIAL TRANSPORTATION INSPECTION DEPARTMENT

Article 11. Organization of the Provincial Transportation Inspection Department

1. The Provincial Transportation Inspection Department is an agency under the Provincial Department of Transport (or Provincial Department of Transport and Communications), responsible for performing state inspection functions and specialized inspection within the scope of provincial state management over transportation as stipulated by the People's Committee of the province (hereinafter referred to as the Provincial People's Committee).

2. The Inspectorate of the Department has a Chief Inspector, Deputy Chief Inspector, and Inspector; these positions are appointed and relieved of duty according to the provisions of the law.

3. The Chairman of the Provincial People's Committee decides on the establishment of the Provincial Transportation Inspection Department; specifies in detail its organization, tasks, and powers according to the guidelines of the Minister of Transport and the Minister of Home Affairs.

Article 12. Duties and Powers of the Department Inspection

1. Inspect the implementation of policies, laws, and assigned tasks concerning agencies, organizations, and individuals under the management authority of the Director of the Department.

2. Manage inspection work, provide professional training for inspectors and inspection collaborators in the field of transportation.

3. Organize anti-corruption activities, thrift practices, and waste prevention; assist the Director of the Department in organizing citizen reception, handling complaints, and grievances in accordance with the law.

4. Perform specialized transportation inspection duties:

a) Inspect compliance with procedures, regulations, and technical requirements specified in Article 2 of this Decree for entities within the specialized administrative management scope of the Provincial People's Committee regarding transportation.

b) Cease illegal acts in the specialized field when there is sufficient evidence that such acts cause damage to national interests and the legitimate rights and interests of citizens.

c) Seize, confiscate evidence and means of transport; revoke the right to use licenses and certificates in the field of specialized transportation management according to the law.

d) Apply administrative violation handling measures as prescribed by law.

Article 70. Responsibilities of the Ministry of Justice

Chapter III

INSPECTORS AND ASSISTANT INSPECTORS

Article 13. Inspectors

1. Transportation inspectors (hereinafter referred to as Inspectors) are persons assigned to perform inspection work at transportation inspection organizations, appointed according to the Inspector Regulation issued by competent state authorities and the provisions of this Decree.

2. Inspectors have the following duties and powers:

a) Carry out tasks and powers as prescribed by the law on inspection and specialized laws.

b) Impose penalties or recommend competent authorities to impose administrative penalties according to the law.

c) Exercise powers as stipulated in Clause 3, Article 16 of this Decree.

3. Inspectors are entitled to salary according to civil servant ranks and inspection allowances.

4. In addition to general conditions and standards for inspector ranks, Inspectors must meet other conditions and standards appropriate to their industry and field as prescribed by the Minister of Transport.

5. Inspectors at all levels are recruited, appointed, relieved of duty, and issued Inspector Cards according to the law.

6. The Minister of Transport shall specify standards, procedures, and formalities for issuing, renewing, and revoking Specialized Transportation Inspector Cards.

Article 14. Inspection Collaborators

1. Inspection collaborators are persons not included in the establishment of the transportation inspection agency, called upon to perform inspection tasks at the request of the inspection agency or competent authority. Inspection collaborators work under the assignment of the inspection organization or transportation inspectors.

2. Inspection collaborators must have good political qualities; be responsible, honest, impartial, and fair; possess professional qualifications suitable for the assigned inspection tasks.

3. Inspection organizations use collaborators in accordance with the law on inspection and the Inspection Collaborator Regulation issued by the Minister of Transport. When called upon by competent authorities, inspection collaborators are entitled to full pay, travel expenses, and conditions to complete their tasks.

4. The Minister of Transport, in coordination with relevant agencies, promulgates the Inspection Collaborator Regulation in the transportation sector.

Chapter IV

PROCEDURES AND FORMALITIES FOR INSPECTION

Article 15. Basis for conducting inspections

1. Approved inspection programs and plans.

2. Requirements for resolving complaints and grievances.

3. Requirements for state management of transportation.

4. Acts suspected of violating transportation laws discovered by mass media, inspection agencies, inspectors, or other state agencies during the performance of their functions and tasks.

5. Other bases as prescribed by law.

Article 16. Forms of conducting inspections

1. The transportation inspection conducts inspections through inspection teams or independent inspectors.

2. Inspection teams operate according to current regulations.

3. When conducting inspections, Inspectors must have a decision from the head of the transportation inspection agency. In urgent cases to promptly stop violations of transportation laws, Inspectors may use their Inspector Cards without prior authorization but must report the incident to the head of the inspection agency immediately afterward.

4. The team leader and Inspectors are responsible before the law and the decision-making authority for their decisions and measures.

5. When handling violations, inspection teams and transportation inspectors must fully comply with legal procedures and formalities as prescribed by law and this Decree.

Chapter V

UNIFORMS, BADGES, RANKS, SIGNS, TECHNICAL INFRASTRUCTURE, AND OPERATING EXPENSES

Article 17. Uniforms, badges, ranks, signs

1. The transportation inspection has its own uniforms, badges, ranks, and signs.

Strictly prohibited for organizations and individuals to use similar uniforms, badges, ranks, and signs causing confusion with the transportation inspection.

2. The Minister of Transport shall prescribe uniforms, badges, ranks, and signs for the transportation inspection after coordinating with the State Inspector General.

Article 18. Technical Infrastructure

1. Inspection organizations have offices and are equipped with means and technical equipment for inspection work. Depending on each specialty, the state management agency in charge of transportation must equip appropriate means and technical equipment to serve the activities of inspection organizations and inspectors.

2. The Minister of Transport shall stipulate the means and technical equipment for traffic inspection at all levels.

Article 19. Operating Budget

1. The operational funds of traffic inspectors are provided from the state budget and other sources as prescribed by law.

2. The allocation and management of funds shall be carried out in accordance with the State Budget Law and related regulatory legal documents.

3. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport to provide guidance on the operational funds of traffic inspectors.

Chapter VI

REWARD AND VIOLATION HANDLING

Article 20. Reward System

Organizations and individuals who achieve outstanding results in traffic inspection activities shall be rewarded according to the regulations of the State.

Article 21. Handling Violations

1. Any person obstructing, offering bribes, retaliating against those performing inspection duties, violating laws on inspections; any person abusing their inspection duties and powers due to personal motives or lack of responsibility, leading to incorrect inspection conclusions and handling of violations, thereby infringing upon the lawful rights and interests of organizations and individuals, shall be subject to disciplinary action, administrative penalties, or criminal liability prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be made in accordance with the law.

2. During the course of inspection activities, based on the nature and severity of the violation, the Minister of Transport may decide to temporarily suspend (for a limited period) or halt the activities and revoke the Traffic Inspector Card of traffic inspectors.

Chapter VII

IMPLEMENTING PROVISIONS

Article 22. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette; it abolishes Decree No. 80/CP dated December 5, 1996 of the Government on the organization and operation of specialized traffic inspection; Decision No. 204/TTg dated December 28, 1992 of the Prime Minister promulgating the Regulations on the organization and operation of Vietnam Marine Safety Inspection and previous provisions on traffic inspection that conflict with this Decree.

Article 23. Responsibility for Implementation

1. The Minister of Transport shall take the lead and coordinate with relevant ministries and sectors to provide guidance on the implementation of this Decree.

2. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport to provide guidance on the collection, submission, management, and utilization of fines collected by traffic inspectors.

3. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.