Circular No. 15/2021/TT-BGTVT guiding the functions, tasks, and authorities of specialized agencies for transportation under provincial People's Committees and district-level People's Committees.

1. Specialized agency for transportation under the provincial People's Committee (hereinafter referred to as Department of Transportation).

This Circular applies to:

2. Specialized agency for transportation under the district People's Committee (hereinafter referred to as Urban Management Office or Economic and Infrastructure Office).

SPECIALIZED AGENCIES FOR TRANSPORTATION

Chapter II

UNDER THE PROVINCIAL AND DISTRICT LEVELS

UNDER THE PROVINCIAL LEVEL

Section 1

UNDER THE PROVINCIAL AND DISTRICT LEVELS

Position and Functions

Article 31. The Department of Transportation performs the function of advising and assisting the provincial People's Committee in state management over: roadways, inland waterways, urban rail transit; transport; traffic safety; management, operation, maintenance, and upkeep of urban transportation infrastructure, including: roads, bridges, sidewalks, streets, median strips, road signs, traffic lights, pedestrian tunnels, vehicular tunnels, pedestrian bridges, bus stations, parking lots within its jurisdiction.

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

Tasks and Powers

Article 4a) Draft decisions, regulations, plans, programs, projects, and other documents of the provincial People's Committee on transportation according to the division of labor assigned by the provincial People's Committee; programs and measures to organize the implementation of transportation tasks within the jurisdiction of the Department of Transportation;

1. Submit to the provincial People's Committee:

b) Draft decisions on the delegation of state management tasks in transportation to the Department of Transportation and the district People's Committees;

c) Draft decisions detailing the functions, tasks, powers, and organizational structure of the Department of Transportation; draft decisions defining the functions, tasks, powers, and organizational structure of the sub-offices under the Department of Transportation (if any);

d) Draft decisions on the establishment, restructuring, dissolution of administrative organizations and public service units under the Department of Transportation;

đ) Make decisions on investment projects in transportation within the authority of the provincial People's Committee.

a) Draft documents on transportation within the authority of the Chairman of the provincial People's Committee according to the division of labor assigned;

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

b) Draft decisions defining the functions, tasks, powers, and organizational structure of public service units under the Department of Transportation and public service units under the sub-offices and equivalent units under the Department of Transportation (if any);

c) Decide on the classification of public service units and public services managed by the Department of Transportation in accordance with the provisions of the law and guidelines of the Ministry of Transport and the Ministry of Home Affairs.

3. Implement legal normative documents, plans, programs, projects, standards, technical regulations, and other documents in the field of transportation issued or approved by competent state authorities; provide information, disseminate, educate, monitor, and supervise the enforcement of laws in areas under state management.

4. On transportation infrastructure

a) Organize the implementation of tasks and powers of the investment decision-making body, project owner, and construction-specialized agency for construction projects of transportation infrastructure within its jurisdiction or delegated according to the law.

b) Organize the management and maintenance to ensure technical standards and regulations for the network of transportation infrastructure such as roadways, urban rail transit, and local inland waterways currently in operation within its jurisdiction or delegated according to the law.

c) Carry out activities to ensure safety and maintain the lifespan of transportation infrastructure, organize prevention, interception, and handling of acts infringing upon transportation infrastructure within its jurisdiction according to the law.

d) Submit to the provincial People's Committee for decision or decide according to its authority on the management of transportation infrastructure according to the law.

đ) Take the lead and coordinate with relevant agencies to advise and assist the Chairman of the provincial People's Committee in deciding on the classification, adjustment of provincial roads, urban roads, other roads, and the announcement of load limits and bridge width restrictions for roads and bridges under its jurisdiction according to the law.

d) Chair and coordinate with relevant agencies to advise and assist the Chairman of the Provincial People's Committee in deciding on the classification, adjustment of the system of provincial roads, urban roads, other roads, and the announcement of load limits and width restrictions for bridges and highways under their jurisdiction in accordance with the provisions of the law.

e) Submit to the Provincial People's Committee for agreement or agree within their authority on matters related to inland waterways for works not part of inland waterway infrastructure and activities on inland waterways; issue permits for construction on operational road and inland waterway routes managed by local authorities or delegated according to the provisions of the law.

g) Organize the implementation of state management tasks and powers at bus stations, parking lots, urban rail stations, rest stops, and inland waterway ports on roads and inland waterways managed by local authorities or delegated according to the provisions of the law.

5. Regarding means of transport and persons operating such means, loading and unloading equipment, specialized construction machinery in transportation, except those serving national defense, security purposes and fishing vessels, and specialized technical equipment in transportation.

a) Organize the registration of inland waterway transport vehicles, water amusement vehicles; register and issue license plates for specialized motorcycles of organizations and individuals in the locality or delegated according to the provisions of the law.

b) Organize the inspection of technical safety and environmental protection for land and inland waterway transport vehicles in the locality or delegated according to the provisions of the law.

c) Review technical designs in the repair and modification of transport vehicles, loading and unloading equipment, specialized construction machinery in land and inland waterway transportation in the locality or delegated according to the provisions of the law.

d) Organize the implementation and be responsible for training, examination, issuance, replacement, and revocation of licenses, certificates, and certifications within the scope of management or delegated according to the provisions of the law.

6. Regarding transportation

a) Take the lead or coordinate with relevant agencies to implement policies for developing public passenger transportation as stipulated by the Provincial People's Committee.

b) Organize the management of transportation activities and supporting services on land and inland waterway routes, urban rail in the province according to the law; issue permits for the operation of motorized vehicles under its jurisdiction or delegated according to the provisions of the law.

c) Guide, inspect, and announce bus stations, taxi pick-up points, passenger boarding and disembarking points within the area according to approved planning.

7. Regarding traffic safety

a) Take the lead or coordinate with relevant agencies to implement emergency response, disaster relief, and search and rescue operations on land, railways, inland waterways, maritime, and aviation; handle traffic accidents occurring in the area according to the law and assignments from the Provincial People's Committee.

b) Implement preventive measures to reduce traffic accidents and congestion; prevent and handle acts that disrupt traffic safety in the area according to authority and the law.

c) Review traffic safety within the scope of management or delegated according to the provisions of the law.

d) Take the lead or coordinate to organize traffic on the system of roads and inland waterways under its jurisdiction according to the law.

đ) Take the lead or coordinate to handle sudden black spots and potential accident areas, ensuring traffic on the system of roads and inland waterways under its jurisdiction or delegated according to the provisions of the law.

e) Take the lead or coordinate to conduct vehicle weight inspections on the system of roads under its jurisdiction or delegated according to the provisions of the law.

8. Implement regulations on environmental protection in transportation under the scope of management of the Department of Transport according to the law.

9. Manage enterprises, collective economic organizations, private economic organizations, associations, and non-governmental organizations within the scope of management of the Department of Transport according to the law.

10. Provide professional guidance and business procedures within the industry and sector managed to the Urban Management Department or Economic Infrastructure Department and professional positions within the People's Committee of communes, wards, towns.

11. Guide the implementation of self-management mechanisms for public service units within the industry and sector according to the law; manage the activities of public and non-public service units within the scope of the industry and sector.

12. Implement international cooperation in the field of transportation according to the law and assignments or delegations from the Provincial People's Committee. Organize research, application of scientific and technological progress; build information systems and archives to serve state management and professional work.

13. Inspect and audit within the industry and sector assigned to manage the implementation of legal provisions by organizations and individuals; resolve complaints, denunciations, anti-corruption, and wastefulness, and handle violations within the scope of management of the Department of Transport according to the law and assignments or delegations from the People's Committee, Chairman of the Provincial People's Committee.

14. Define functions, tasks, and powers of organizations under the Department of Transport within their authority and according to the law.

15. Manage organizational structure, job positions, and civil servant quotas; implement salary systems and incentive policies, training, rewards, and disciplinary actions for civil servants, officials, and workers within the scope of management according to the law and assignments or delegations from the Provincial People's Committee.

16. Manage and be responsible for finances and assets allocated according to the law and assignments or delegations from the Provincial People's Committee.

17. Implement information dissemination and periodic and ad hoc reporting on the implementation of assigned tasks to the Provincial People's Committee and the Ministry of Transport, the National Traffic Safety Committee.

18. Perform other tasks assigned by the People's Committee and the Chairman of the Provincial People's Committee and as stipulated by law.

Section 2

UNDER THE PROVINCIAL AND DISTRICT LEVELS

UNDER THE PROVINCE PEOPLE'S COMMITTEE

Article 51. The Department of Transportation performs the function of advising and assisting the provincial People's Committee in state management over: roadways, inland waterways, urban rail transit; transport; traffic safety; management, operation, maintenance, and upkeep of urban transportation infrastructure, including: roads, bridges, sidewalks, streets, median strips, road signs, traffic lights, pedestrian tunnels, vehicular tunnels, pedestrian bridges, bus stations, parking lots within its jurisdiction.

1. The Urban Management Department or the Economic and Infrastructure Department is a specialized agency under the County People's Committee, with the function of advising and assisting the County People's Committee in performing state management functions regarding transportation and other areas as prescribed by law (other areas under the Urban Management Department or the Economic and Infrastructure Department shall be guided by the relevant ministry).

2. The Urban Management Department or the Economic and Infrastructure Department shall have its own seal and separate account; it shall be subject to the direction and management of the County People's Committee concerning organizational structure, job positions, civil servant staffing, and personnel work, while also being subject to professional guidance and supervision from the Department of Transportation regarding transportation matters.

Article 6a) Draft decisions, regulations, plans, programs, projects, and other documents of the provincial People's Committee on transportation according to the division of labor assigned by the provincial People's Committee; programs and measures to organize the implementation of transportation tasks within the jurisdiction of the Department of Transportation;

1. Submit to the People's Committee at the district level:

a) Draft decisions; medium-term and annual development plans; programs and measures for organizing the implementation of administrative reform tasks related to transportation within the jurisdiction.

b) Draft regulations specifying the functions, tasks, powers, and organizational structure of the Urban Management Department or the Economic and Infrastructure Department.

c) Draft programs and solutions for mobilizing and coordinating inter-sectoral efforts in ensuring traffic order and safety within the jurisdiction.

d) Investment projects for constructing transportation infrastructure within the jurisdiction as prescribed by law and as assigned and delegated by the Provincial People's Committee.

đ) Draft decisions on classifying county roads and commune roads according to legal provisions.

2. Submit to the Chairman of the County People's Committee draft documents on transportation within the authority of the Chairman of the County People's Committee as assigned.

3. Organize the implementation and monitor the enforcement of legal normative documents, plans, programs, and other documents on transportation after they have been approved by the competent authority.

4. Manage, maintain, and ensure technical standards and specifications for the network of road, urban rail, and inland waterway transport infrastructure currently in operation under the responsibility of the county.

5. Manage transportation activities within the jurisdiction in accordance with the law and the guidance of the competent state authorities.

6. Implement preventive measures, block, and handle acts of infringing upon transportation works and encroaching upon traffic safety zones; coordinate with relevant agencies in clearing encroachments on traffic safety zones within the jurisdiction according to the guidance of the specialized management agency, the Department of Transportation, and the directives of the County People's Committee.

7. Coordinate with relevant agencies to implement search and rescue operations for road, railway, inland waterway, maritime, and air incidents occurring within the jurisdiction.

8. Assist the County People's Committee in implementing and being responsible for the examination, registration, and issuance of various permits within the scope of responsibility and authority of the Urban Management Department or the Economic and Infrastructure Department as prescribed by law and as assigned by the County People's Committee.

9. Assist the County People's Committee in state management over collective economic organizations, private enterprises, associations, and non-governmental organizations operating within the jurisdiction in areas managed by the Urban Management Department or the Economic and Infrastructure Department as prescribed by law.

10. Provide professional guidance on transportation to cadres and civil servants at communes, wards, and towns within the jurisdiction.

11. Inspect and supervise organizations and individuals in the implementation of legal provisions within the assigned sector and field; resolve complaints and denunciations; prevent and combat corruption and waste according to the law and as assigned by the County People's Committee.

12. Carry out propaganda, popularization, education on laws, and disseminate information about transportation and public services in the transportation sector as prescribed by law.

13. Report periodically and ad hoc on the implementation of assigned tasks according to the regulations of the County People's Committee and the Department of Transportation.

14. Manage the organizational structure, job positions, and civil servant staffing; implement salary systems and incentive policies, training, rewards, and disciplinary actions for civil servants within the scope of management as prescribed by law and as assigned or delegated by the County People's Committee.

15. Manage and be responsible for the financial and asset affairs of the Urban Management Department or the Economic and Infrastructure Department as prescribed by law and as assigned by the County People's Committee.

16. Perform other transportation-related tasks assigned by the County People's Committee or as prescribed by law.

Chapter III

IMPLEMENTATION

Article 7. Effective date

1. This Circular takes effect from September 15, 2021.

2. This Circular replaces Joint Circular No. 42/2015/TTLT-BGTVT-BNV dated August 14, 2015, issued by the Minister of Transport and the Minister of Home Affairs, guiding the functions, tasks, powers, and organizational structure of specialized agencies for transportation under the People's Committees of provinces and centrally-administered cities and counties, districts, towns, and provincial cities.

Article 8Responsibility for Implementation

1. Provincial People's Committee

a) Specify the functions, tasks, powers, and organizational structure of the Department of Transportation; provide detailed guidance on the functions, tasks, powers, and organization of the Urban Management Department or the Economic and Infrastructure Department as prescribed by law.

b) Report to the Ministry of Transport on the implementation of the functions, tasks, and powers of the Department of Transportation as prescribed.

2. The Department of Transportation - Construction shall perform advisory and assistance functions to the Provincial People's Committee in managing state affairs regarding transportation and executing transportation-related tasks and powers within the jurisdiction as guided by this Circular and other relevant regulations (other areas under the Department of Transportation - Construction shall be guided by the relevant ministry).

3. The Chairman of the People's Committee of the province shall be responsible for directing and organizing the implementation of this Circular./.