Decision No. 1467/2003/QĐ-BGTVT on the temporary responsibility of organizations and individuals and forms of handling violations by individuals in specialized traffic inspection activities for road, railway, and inland waterway transport.

Pursuant to …;

Regarding the temporary provisions on the responsibilities of organizations and individuals and forms of handling violations by individuals in specialized traffic inspection activities for road transport, railway, and inland waterway transport.

 

THE MINISTER OF TRANSPORTATION

WHEREAS, the Labor Code dated June 23, 1994, and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 12, 2002;

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

Pursuant to the Traffic Works Protection Ordinance dated December 10, 1994,

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 80/CP dated December 5, 1996 of the Government on the organization and operation of specialized traffic inspection activities,

At the proposal of the Director of the Vietnam Road Administration, the Director of the Vietnam Inland Waterways Administration, the Director of the Vietnam Railways Administration, the Director of the Cadre and Civil Service Department, and the Director of the Legal Department,

DECISION:

Article 1. This Decision promulgates the "Temporary Provisions on the Responsibilities of Organizations and Individuals and Forms of Handling Violations by Individuals in Specialized Traffic Inspection Activities for Road Transport, Railway, and Inland Waterway Transport."

Article 2. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 3. The Head of the Ministry's Office, the Director of the Cadre and Civil Service Department, the Director of the Legal Department, the Director of the Vietnam Road Administration, the Director of the Vietnam Inland Waterways Administration, the Director of the Vietnam Railways Administration, the Director of the Department of Transport, the Director of the Department of Transport and Public Works, the Heads of agencies and units concerned shall be responsible for implementing this Decision.

 

REGULATIONS

Temporary responsibilities of organizations and individuals and forms of handling violations by individuals in specialized traffic inspection activities for road transport, railway, and inland waterway transport
(Issued together with Decision No. 1467/2003/QĐ-BGTVT dated May 22, 2003 of the Minister of Transport)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. These provisions determine the responsibilities of organizations and individuals performing specialized traffic inspection tasks for road transport, inland waterway transport, and railway (hereinafter referred to as traffic inspection) and forms of handling violations by individuals in traffic inspection activities.

Article 2. These provisions apply to organizations and individuals responsible for managing traffic inspection organizations at all levels and directly performing traffic inspection tasks.

Clause 2. The organizations and individuals specified in Clause 2 of Article 1 of these provisions include:

1. Organization:

a) The Ministry of Transport.

b) The Vietnam Road Administration, the Vietnam Inland Waterways Administration, the Vietnam Railways Administration;

c) Road Management Zones, Vietnam Railway Corporation, Inland Waterways Branches.

d) Departments of Transport, Departments of Transport and Public Works;

e) Traffic Inspection Departments (Bureaus);

f) Regional Traffic Inspectors;

g) Traffic Inspection Teams.

b) Directors of transport enterprises, directors of bus station operating enterprises, cooperative managers (or managers);

a) The Minister of Transport, heads of agencies advising the Minister, Directors of the Vietnam Road Administration, Directors of the Vietnam Inland Waterways Administration, Directors of the Vietnam Railways Administration, Directors of Departments of Transport, Directors of Departments of Transport and Public Works, General Managers of Road Management Zones, Chairmen of the Board of Directors and General Managers of the Vietnam Railway Corporation, Chiefs of Inland Waterways Branches;

b) Traffic inspectors, leaders of traffic inspection organizations at all levels.

Article 3. Organizations and individuals specified in Article 2 must comply with these provisions and also adhere to laws and regulations concerning traffic inspection and other relevant laws.

Chapter 2:

Vietnam Road Administration Bureau.

PART A. 1. To perform the functions, tasks, and powers of the specialized civil aviation administration agency and the Civil Aviation Authority according to the laws on air cargo transportation.

Article 4. The Ministry of Transport

1. Direct the implementation and unify the organization and operation of traffic inspection nationwide.

2. Issue guiding documents on the organization and operation of traffic inspection.

3. Coordinate with related ministries, sectors, provincial People's Committees, and municipal People's Committees under the central government to organize and ensure the operation of traffic inspection.

4. Conduct inspections, audits, and handle violations in traffic inspection activities.

Article 5. Vietnam Highway Administration, Vietnam Inland Waterway Administration, Vietnam Railway Administration

1. Organize the implementation of the regulations of the Ministry of Transport on the activities of traffic inspectors in the field of protecting transportation works and traffic safety and order.

2. Direct and directly manage the activities of traffic inspectors within their specialized management scope. Specifically, for railway traffic inspection, the Vietnam Railway Corporation shall implement the responsibilities stipulated in this clause.

3. Coordinate with local authorities to guide measures for protecting transportation works.

4. Organize inspections, checks, and handle violations in the activities of traffic inspectors according to each specialized field nationwide.

Article 6. Department of Transport, Department of Transport Infrastructure

1. Manage and organize all activities of traffic inspectors.

2. Organize the implementation of the regulations of the Ministry of Transport, Provincial People's Committees, and Central-South City People's Committees, and provide guidance on the business operations of specialized administrative agencies regarding the activities of traffic inspectors in protecting transportation works and ensuring traffic safety and order.

3. Inspect, check, and handle violations in the activities of traffic inspectors within their management scope.

Article 7. Highway Management Zone, Vietnam Railway Corporation, Inland Waterway Inspection Office

1. Manage and direct the activities of traffic inspectors within their management scope.

2. Organize the implementation of the regulations of the Ministry of Transport and specialized state management agencies regarding the organization of traffic inspector activities.

3. Inspect, check the activities of traffic inspectors and handle violations within their authority.

4. Coordinate with the Department of Transport, Department of Transport Infrastructure in traffic inspector activities.

Article 8. Traffic Inspector Office (Department)

1. Advise the leadership of specialized state management agencies or the Director of the Department of Transport, Director of the Department of Transport Infrastructure on managing traffic inspector activities.

2. Direct and guide the activities of regional traffic inspector offices and traffic inspector teams.

3. Propose and implement inspections on compliance with laws and regulations concerning the protection of transportation works and ensuring traffic safety and order.

4. Propose and implement measures to monitor and supervise the activities of regional traffic inspector offices and traffic inspector teams.

Article 9. Regional Traffic Inspector Office

1. Advise the leadership of the Highway Management Zone, Vietnam Railway Corporation, Inland Waterway Inspection Office on managing the activities of subordinate traffic inspectors.

2. Directly direct the activities of traffic inspector teams.

3. Implement inspections on compliance with laws and regulations concerning the protection of transportation works and ensuring traffic safety and order.

4. Monitor and supervise the activities of traffic inspector teams.

Article 10. Traffic Inspector Team

1. Directly carry out inspections in the assigned area concerning organizations and individuals' compliance with legal provisions on:

a) Protecting transportation works and traffic safety zones, ensuring technical standards of transportation works and vehicles participating in traffic;

b) Transportation activities according to the classification level of specialized management agencies.

2. Coordinate with transportation work management units and localities within the management area to implement measures for protecting transportation works and ensuring traffic safety.

3. Administer administrative penalties according to the law.

PART B. RESPONSIBILITIES OF INDIVIDUALS

Article 11. The Minister of Transport and the heads of agencies advising the Minister shall be responsible for inspecting and supervising the activities of traffic inspectors throughout the country.

Article 12. The Directors of the Vietnam Highway Administration, the Vietnam Inland Waterway Administration, and the Vietnam Railways Administration shall be responsible to the Minister of Transport for the following tasks::

1. Managing the activities of traffic inspectors within their respective sectors.

2. Organizing the effective and lawful operation of traffic inspection forces.

3. Establishing and implementing regulations on the operational procedures of traffic inspectors.

4. Directing inspection, supervision, and handling of violations in the activities of traffic inspectors.

Article 13. The General Director of the Highway Management Zone, the Chairman of the Board of Directors and the General Director of the Vietnam Railway Corporation, and the Chief of the Inland Waterway Office shall be responsible to the Director of the Administration for the following tasks:

1. Organizing the activities of subordinate traffic inspection forces.

2. Implementing all tasks and directives from the Ministry and the Administration regarding traffic inspection work.

3. Inspecting, supervising, and promptly taking measures to prevent negative behaviors and handle violations in traffic inspection activities.

Article 14. The Director of the Department of Transport, the Director of the Department of Transport and Public Works shall be responsible to the Chairman of the People's Committee of the province or centrally governed city and the Minister of Transport for the following tasks:

1. Advising the Chairman of the People's Committee to organize the effective and lawful operation of traffic inspection forces.

2. Managing the activities of traffic inspectors according to the law within the province or centrally governed city.

3. Directing inspection, supervision, and handling of violations in the activities of the Department's traffic inspectors.

Article 15. The Heads of Traffic Inspection of Highways, Railways, and Inland Waterways shall be responsible to the leadership of the Administration for the following tasks:

1. Advising on directing the work of traffic inspectors.

2. Implementing programs to guide the operational procedures for traffic inspection forces.

3. Inspecting and supervising the activities of traffic inspectors within their respective management sectors throughout the country.

4. Preparing annual training and professional development plans for traffic inspection forces and submitting them for approval by the competent authority.

Article 16. The Head of the Departmental Traffic Inspector shall be responsible to the leadership of the Department of Transport or the Department of Transport and Public Works for the following tasks:

1. Directly organizing and managing the activities of subordinate traffic inspection forces.

2. Advising the leadership of the Department of Transport or the Department of Transport and Public Works to implement the regulations of the Ministry of Transport, the People's Committee of the province or centrally governed city, and the guidelines on the organization and operation of traffic inspectors.

3. Cooperating with highway, inland waterway, and railway traffic inspectors to check compliance with laws by organizations and individuals within their assigned duties and authorities.

4. Preparing annual training and professional development plans for subordinate traffic inspection forces and submitting them for approval by the competent authority.

5. Imposing administrative penalties within their authority.

Article 17. The Head of Regional Traffic Inspector shall be responsible to the General Director of the Highway Management Zone, the Chairman of the Board of Directors and the General Director of the Vietnam Railway Corporation, the Chief of the Inland Waterway Office, and the Heads of specialized state management traffic inspectors for the following tasks:

1. Directly managing the activities of regional traffic inspectors.

2. Advising the General Director and the Chief to implement the regulations of the Ministry of Transport, the Vietnam Highway Administration, the Vietnam Inland Waterway Administration, and the Vietnam Railways Administration concerning the activities of regional traffic inspectors.

3. Preparing annual training and professional development plans for regional traffic inspection forces and submitting them for approval by the competent authority.

4. Imposing administrative penalties related to road traffic, railway traffic, and inland waterway traffic within their authority.

Article 18The Team Leader of the Traffic Inspection Team shall be responsible to the Head of the Regional Traffic Inspector or the Head of the Departmental Traffic Inspector and higher authorities for the following tasks:

1. Managing and directly overseeing the activities of the Traffic Inspection Team.

2. Managing the material, technical facilities, and personnel of the team.

3. Organizing the activities of the Traffic Inspection Team in accordance with the law.

4. Regularly monitoring and supervising the activities of inspectors and staff. Taking proactive measures to prevent negative behaviors.

5. Imposing administrative penalties related to road traffic, railway traffic, and inland waterway traffic within their authority.

Article 19. Inspectors shall be responsible to the Traffic Inspection Team Leader and their superiors for the following tasks:

1. Fulfilling the tasks assigned by the team leader.

2. Conducting inspections and imposing administrative penalties within the assigned area in accordance with the provisions of the law.

Chapter 3:

VIOLATIONS AND PENALTIES FOR VIOLATIONS

PART A. VIOLATIONS AND FORMS OF SANCTIONS AGAINST INSPECTORS

Article 20. Violations

1. Not fully performing the assigned tasks.

2. Lacking a sense of responsibility leading to errors in professional and operational matters and inspection and violation handling.

3. Imposing administrative penalties beyond authority and prescribed scope.

4. Intentionally distorting records and inspection reports.

5. Misusing power to violate regulations.

6. Collecting fines without issuing receipts.

7. Accepting or demanding bribes in any form.

Article 21. Forms of sanctions for violations

1. Reprimand for violating any of the provisions in Clause 1 and Clause 2, Article 20.

2. Warning for violating any of the provisions in Clause 3, Clause 4, Clause 5, Clause 6, Article 20 or repeating offenses that have been reprimanded.

3. Depending on the nature and severity of the violation, demotion in pay grade, demotion in rank, transfer to another position, or dismissal from service for violating the provision in Clause 7, Article 20 or repeatedly violating the provisions in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Article 20.

PART B. VIOLATIONS AND FORMS OF SANCTIONS AGAINST THE TRAFFIC INSPECTION TEAM LEADER

Article 22. Violations

1. Lacking a sense of responsibility in managing and organizing the activities of the team, resulting in inspectors or staff being disciplined with warnings or higher.

2. Assigning tasks to inspectors or staff not in accordance with their responsibilities and duties, leading to inspectors or staff being disciplined with reprimands or higher.

3. Not fully organizing the implementation of the functions and tasks of the Traffic Inspection Team as assigned.

4. Imposing administrative penalties beyond authority or arbitrarily increasing or decreasing the level of administrative penalties contrary to regulations.

5. Organizing inspection operations contrary to the provisions of the law and superior management agencies.

6. Failing to take preventive measures against prolonged professional errors of inspectors under their supervision.

7. Misusing positions and powers to cause harassment or inconvenience.

8. Shielding negative behaviors of subordinates; accepting or organizing the acceptance of bribes in any form.

Article 23. Forms of sanctions for violations

1. Reprimand for violating any of the provisions in Clause 1, Clause 2, Clause 3, Article 22.

2. Warning for violating any of the provisions in Clause 4, Clause 5, Clause 6, Clause 7, Article 22 or repeating offenses that have been reprimanded.

3. Depending on the nature and severity of the violation, demotion in pay grade, demotion in rank, removal from office, transfer to another position, or dismissal from service for violating the provision in Clause 8, Article 22 or repeatedly violating the provisions in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Article 22.

4. When the Traffic Inspection Team Leader performs the tasks of an inspector and violates the provisions in Article 20, they shall be subject to the sanctions stipulated in Article 21.

PART C. VIOLATIONS AND FORMS OF VIOLATION HANDLING FOR THE HEAD OF REGIONAL TRAFFIC INSPECTION

Article 24. Violations

1. Lack of sense of responsibility in managing activities and inspecting the activities of regional traffic inspection leading to the failure to complete assigned tasks.

2. Administrative punishment not within the authority or increasing, reducing administrative violation fines contrary to regulations.

3. Organizing traffic inspection business activities contrary to the provisions of laws, the Ministry of Transport, specialized state management agencies.

4. Allowing prolonged professional errors in traffic inspection teams under their jurisdiction.

5. Shielding negative behaviors of subordinates, receiving or organizing the receipt of bribes in any form.

Article 25. Forms of Violation Handling

1. Reprimand when violating Clause 1 of Article 24.

2. Warning when violating any of the provisions of Clauses 2, 3, 4 of Article 24 or repeating the behavior that has been reprimanded.

3. Depending on the nature and degree of violation, be subject to salary reduction, rank demotion, dismissal, transfer to other jobs, or forced resignation when violating Clause 5 of Article 24 or repeatedly violating Clauses 1, 2, 3, 4 of Article 24.

4. When the Head of Regional Traffic Inspection performs the duties of a Team Leader of a traffic inspection team and violates the provisions of Article 22, they will be handled according to the provisions of Article 23.

PART D. FORMS OF RESPONSIBILITY DISCIPLINARY ACTION DUE TO ASSOCIATION

Article 26. The Director of the Vietnam Highway Administration, the Director of the Vietnam Inland Waterway Administration, and the Director of the Vietnam Railway Administration shall be disciplined from criticism, reprimand up to warning, salary reduction, rank demotion, or dismissal depending on the degree of violation of the provisions of Article 12.

Article 27. The General Director of the Highway Management Zone, the Chairman of the Board of Directors and the General Director of the Vietnam Railway Corporation, and the Chief of the Inland Waterway Branch shall be disciplined from criticism, reprimand up to warning, salary reduction, rank demotion, or dismissal depending on the degree of violation of the provisions of Article 13.

Article 28. The Director of the Department of Transport, the Director of the Department of Public Works and Transport shall be disciplined from criticism, reprimand up to warning, salary reduction, rank demotion, or dismissal depending on the degree of violation of the provisions of Article 14.

Article 29. The Head of Road Transport Inspection, the Head of Rail Transport Inspection, and the Head of Inland Waterway Transport Inspection shall be disciplined from criticism, reprimand up to warning, salary reduction, rank demotion, or dismissal depending on the degree of violation of the provisions of Article 15.

Article 30. The Head of Transport Inspection of the Department of Transport, the Head of Transport Inspection of the Department of Public Works and Transport shall be disciplined from criticism, reprimand up to warning, salary reduction, rank demotion, or dismissal depending on the degree of violation of the provisions of Article 16.

PART E. AUTHORITY TO HANDLE VIOLATIONS

Article 31. The authority to handle violations at each level is implemented according to the cadre management hierarchy.

Chapter 4:

IMPLEMENTATION

Article 32. The Director of the Vietnam Railway Administration shall cooperate with the Chairman of the Board of Directors and the General Director of the Vietnam Railway Corporation to organize the railway traffic inspection system to perform inspection and supervision tasks to ensure compliance with laws on protecting transportation infrastructure and railway transport safety according to current laws.

Article 33. The Director of the Vietnam Highway Administration, the Director of the Vietnam Inland Waterway Administration, the Director of the Vietnam Railway Administration, the Director of the Department of Transport, the Director of the Department of Public Works and Transport, and the heads of related agencies and units are responsible for disseminating and implementing this Regulation.

During implementation, if there are difficulties, organizations and individuals should promptly report in writing to the Ministry of Transport for review and amendment.