Decision No. 1510/2003/QĐ-BGTVT on the issuance of regulations on responsibilities and forms of handling violations in the management and maintenance of road traffic infrastructure.

Pursuant to …;

Regarding the issuance of regulations on responsibilities and forms of handling for organizations and individuals when violating in management and maintenance of road traffic infrastructure

organizations and individuals when violating in the management and maintenance of the road traffic infrastructure

||| the road traffic layer

___________________

 

THE MINISTER OF TRANSPORTATION

Pursuant to the Labor Code dated June 23, 1994 and the Law Amending and Supplementing Certain Articles of the Labor Code dated April 12, 2002;

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to the Civil Servants and Public Officials Ordinance dated February 26, 1998;

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

PURSUANT TO THE PROPOSAL OF THE DIRECTOR OF THE VIETNAM HIGHWAY ADMINISTRATION, THE HEAD OF THE CIVIL SERVICE DEPARTMENT, THE HEAD OF THE LEGAL AFFAIRS DEPARTMENT,

Pursuant to …;:

Article 1. Issued together with this Decision are the "Regulations on Responsibilities and Forms of Handling for Organizations and Individuals When Violating in Management and Maintenance of Road Traffic Infrastructure."

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

Article 3. The Heads of the Ministry's Office, the Inspectorate of the Ministry, the Heads of the Departments under the Ministry, the Director of the Vietnam Highway Administration, the Director of the Quality Control and Supervision Bureau of Transport Works, the Chairpersons of the People's Committees of provinces and centrally governed cities, the Directors of Provincial Departments of Transport (Public Works), the General Managers of Project Management Boards, the General Managers of Highway Management Zones, and the Heads of other relevant agencies and units shall be responsible for implementing this Decision.

 

REGULATIONS

Responsibilities and forms of handling for organizations and individuals when violating in management and maintenance of road traffic infrastructure
(Issued together with Decision No. 1510/2003/QĐ-BGTVT dated May 27, 2003 of the Minister of Transport)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Application

Article 1. These regulations determine the responsibilities and forms of handling for organizations and individuals related to the work of managing and maintaining road traffic infrastructure belonging to the national highway system invested by the State.

Article 2. The determination of responsibilities and forms of handling for organizations and individuals related to the work of managing and maintaining local road systems (provincial roads, urban roads, district roads, commune roads), specialized road systems, and roads constructed under the Build-Operate-Transfer (BOT) model (BOT roads) shall be based on these regulations by the Chairpersons of the People's Committees of provinces and the project sponsors to formulate specific provisions suitable for the management characteristics of each locality or organization with specialized roads or BOT roads.

Article 2.

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

a- The Vietnam Highway Administration, Highway Management Zones, Departments of Transport (Public Works), road management and repair units, ferry clusters, ferry wharfs (floating bridges);

b- The Quality Control and Supervision Bureau of Transport Works, Project Management Boards, construction contractors;

Clause 2. The individuals specified in Clause 1 of Article 1 of these regulations include:

a- The Director of the Vietnam Highway Administration; the General Manager of Highway Management Zones; the Director of Departments of Transport (Public Works); the Director of road management and repair units; the Director of ferry clusters, the head of ferry wharfs (floating bridges); the Head of Highway Management Units, road maintenance workers, patrol staff;

b- The Director of the Quality Control and Supervision Bureau of Transport Works, the General Manager of Project Management Boards, the heads of contractors.

Article 3. In addition to these regulations, the organizations and individuals mentioned in Article 2 of these regulations must also comply with other relevant legal documents.

Chapter 2:

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

A. RESPONSIBILITIES OF ORGANIZATIONS

Article 4. Responsibilities of the Ministry of Transport

1- Developing strategies, plans, and policies for investment in the development of road transport; developing and directing the implementation of the national program on traffic safety and measures to ensure smooth and safe road transport;

2- Taking the lead or coordinating with other Ministries and sectors in drafting legal documents on road transport to submit to the Government for promulgation or promulgating them within their authority;

3- Coordinating with other Ministries and sectors, local authorities in disseminating, popularizing, and educating about laws on road transport;

4- Guiding the management, maintenance, and protection of road transport infrastructure nationwide and directly organizing the management, maintenance, and protection of the national highway system's infrastructure;

5- Inspecting, supervising, resolving complaints and denunciations, and handling violations within their authority.

Article 5. Responsibilities of the Vietnam Highway Administration Male

1- Develop long-term and annual plans for highway management and maintenance to be submitted to the Ministry of Transport for approval; implement the approved plans;

2- Study and develop regulations on management and maintenance; economic and technical standards for highway maintenance to be submitted to the Ministry of Transport. Organize guidance on implementation of traffic laws and regulations;

3- Inspect, supervise, and handle matters within its authority regarding the implementation of management and maintenance by highway management units and contractors, and ensure traffic safety on operational highways;

4- Monitor and compile the status of road transport infrastructure structures annually, organize inspections and appraisals of bridges and culverts on the national highway system;

5- Coordinate with local authorities to implement protection of works and road corridors under the national highway system;

6- Implement issuance of construction permits and special circulation permits;

7- Develop plans for typhoon and flood prevention and promptly organize repairs of bridge and road incidents.

Article 6. Responsibilities of Road Management Zones, Departments of Transport (Departments of Transport and Public Works)

1- Develop annual plans for road management and maintenance to be submitted to the competent authority for approval and organize implementation of road management and maintenance within the assigned scope;

2- Guide, inspect, and urge subordinate road management units to comply with regulations in road management and maintenance work;

3- Coordinate with local authorities to implement protection of works and road corridors according to the level of management;

4- Inspect, supervise, and handle matters within its authority regarding the implementation of management and maintenance by road management and repair units, and traffic safety measures by contractors on operational roads within the assigned scope;

5- Carry out prevention and damage mitigation from typhoons and floods, timely rescue operations to ensure smooth and safe traffic flow;

6- Store and preserve records of road transport infrastructure management according to the level of management.

Article 7. Responsibilities of Road Management and Repair Units Subordinate to Road Management Zones, Departments of Transport, Departments of Transport and Public Works:

1- Develop plans for management and maintenance of roads and road safety corridors managed by the unit to be consolidated by the Road Management Zone, Department of Transport (Department of Transport and Public Works) and submitted to the Vietnam Highway Administration (for national highways); submit to the People's Committee of provinces and centrally-administered cities (for provincial and local roads);

2- Direct and manage patrol work; promptly repair damaged bridges, culverts, and roads; organize traffic diversion to ensure traffic safety. In cases of severe damage beyond capacity, simultaneously ensure traffic safety and report promptly to the direct superior management authority;

Closely coordinate with local authorities and Road Traffic Inspectors to protect transportation works and road safety corridors.

3- Develop plans and measures for typhoon and flood prevention; promptly organize rescue and repair when incidents occur;

4- Participate in traffic safety inspections of works nearing completion and ready for handover and operation;

5- Organize vehicle counts, classify bridges and roads, update bridge and road conditions, and report as required;

6- Establish management files, retain, store, and regularly supplement full records of bridge and road damage developments and remedial measures. Manage files through both paper and computer software;

7- Recommend and propose solutions to superiors for resolving issues in road management and maintenance tasks.

Article 8. Responsibilities of the Road Management Station

1- Effectively perform tasks related to road management and maintenance. Inspect, urge, and supervise the implementation of assigned tasks for teams and staff members of the Station.

2- Organize patrols, vehicle counts, update information on bridges and roads, and report to superiors as prescribed.

3- Promptly inspect, handle, and report when there is information about bridge and road incidents or traffic accidents. In cases exceeding the capacity to handle, ensure traffic safety while promptly reporting to higher-level road authorities.

4- Closely cooperate with local authorities, police, and traffic inspectors in publicizing and mobilizing against encroachment and clearing violations of traffic safety zones.

5- Safeguard and maintain infrastructure management files according to classification levels.

6- Timely reflect to superiors any issues regarding regulations and policies in road maintenance work.

Article 9. Responsibilities of Ferry Clusters, Ferry Wharfs (Floating Bridges)

1- Implement regular maintenance plans and periodic repairs for access roads, approach bridges, pontoons, wharfs or landing areas, river navigation signals, and road signs to ensure safety for people and vehicles crossing rivers.

2- Ensure necessary lifesaving equipment. Floating vessels such as pontoons, ferries, buoys, and boats serving river crossings must be inspected according to schedules and always meet technical standards.

3- Organize and guide the ferry master, ship captain, crew, and staff to strictly follow ferry operation procedures and relevant documents from the Ministry of Transport and Vietnam Highway Administration concerning traffic safety at ferry wharfs and on rivers. Regularly inspect and promptly identify damages for handling within capacity or reporting to superiors for resolution.

Article 10. Responsibilities of the Quality Control Bureau and Construction Project Management for Ongoing Exploited Road Infrastructure Projects

1- Study and establish mechanisms to ensure traffic safety, construction safety, and environmental hygiene.

2- When appraising projects, assess traffic safety during project planning, design, and construction phases.

3- Direct project management boards to prepare traffic safety organization files and proceed with agreement and permit procedures for construction with competent road management authorities.

4- Conduct regular and spot inspections to ensure compliance with legal requirements and project stipulations for traffic safety measures during construction by project management boards and contractors.

5- Collaborate with the Vietnam Highway Administration to address violations of traffic safety regulations by project management boards and contractors; if contractors repeatedly violate, report to the Ministry of Transport for further action.

Article 11. Responsibilities of Project Management Boards (as Investors' Representatives) in Managing Basic Construction and Road Repair Projects on Exploited Roads

1- When preparing tender documents, include comprehensive requirements and criteria for evaluating traffic safety organization plans for participating vehicles.

2- Not consider bids without traffic safety and environmental protection organization plans.

3- Inspect contractors throughout the construction process regarding traffic safety measures; if contractors fail to meet requirements, impose penalties within authority or report to superiors for further action.

4- Direct consultants to strictly adhere to requirements for ensuring traffic safety and environmental hygiene.

Article 12. Responsibilities of contractors conducting construction on operational roads:

1\. Establish traffic safety documentation and submit it to the competent road management authority for construction permit issuance after reaching agreement with the Project Management Board.

After receiving the construction permit, they must go to the road management unit to take over the construction site and proceed with subsequent steps. From the day of taking over the construction site, they shall be responsible for managing and ensuring smooth and safe traffic flow.

2\. Implement traffic safety measures before commencing the main construction work. Throughout the construction process, they must strictly adhere to the agreed-upon construction plans, methods, and timelines without causing damage to existing road structures; they shall be subject to inspection and supervision by the road management authority and traffic inspectors regarding compliance with traffic safety regulations during construction as stipulated in the permit and applicable laws.

3\. Be responsible for repairing roads and bridges to ensure traffic safety during construction. Upon completion of construction, they must remove excess materials and equipment from the site and promptly prepare completion documentation for handover to the management unit.

B. RESPONSIBILITIES OF INDIVIDUALS

Article 13. Responsibilities of the Director General of the Vietnam Road Administration Bureau: Male.

1\. Direct advisory and technical agencies to fulfill the responsibilities of the Vietnam Road Administration Bureau as specified in Article 5 of this Regulation.

2\. Organize regular and spot inspections of the road management and maintenance activities carried out by the Road Management Zones, Departments of Transport (Public Works), and other road repair management units; handle violations within their jurisdiction.

3\. Bear direct and joint responsibility for the condition of damaged roads and bridges.

Deputy Directors are accountable to the Director for the tasks assigned to them.

Article 14. Responsibilities of the General Director of the Road Management Zone:

1\. Direct advisory and technical agencies to effectively carry out the tasks of the Road Management Zone as defined in Article 6 of this Regulation and be directly accountable to the Director General of the Vietnam Road Administration Bureau for the results of road management and maintenance.

2\. Based on allocated funds and technical standards, regular maintenance norms, and related legal documents, guide and direct road management and repair units to perform their management and maintenance duties.

3\. Regularly organize inspections and audits of the road management and maintenance activities of road repair management units and the traffic assurance plans implemented by project management boards and contractors; handle violations within their jurisdiction or report them to higher authorities for action.

The Deputy General Director is accountable to the General Director of the Road Management Zone for assigned tasks.

Article 15. Responsibilities of the Director of the Department of Transport (Department of Public Works):

1\. Direct advisory and technical agencies to effectively carry out the tasks of the Department of Transport, Department of Public Works as specified in Article 6 of this Regulation and be directly accountable to the Provincial People's Committee Chairman and the Director General of the Vietnam Road Administration Bureau for the results of assigned road management and maintenance.

2\. Based on allocated funds and technical standards, regular maintenance norms, and related legal documents, guide and direct road management and repair units to perform their management and maintenance duties.

3\. Regularly organize inspections and audits of the road management and maintenance activities of road repair management units and the traffic assurance plans implemented by project management boards and contractors; handle violations within their jurisdiction or report them to higher authorities for action.

The Deputy Director of the Department of Transport (Department of Public Works) is accountable to the Director of the Department for assigned tasks.

Article 16. Responsibilities of the Director of the Road Management and Repair Unit

1- Organize the implementation of road management and maintenance work of subordinate Road Management Stations; fulfill the responsibilities of the road management and repair unit as prescribed in Article 7 of this Regulation;

2- Regularly and unexpectedly inspect traffic safety work of project management boards and contractors during construction on assigned roads; handle violations within authority or report to superiors for handling;

3- Ensure equipment for the continuous management and maintenance activities of Road Management Stations and manage assets in accordance with regulations;

4- Be responsible before superior administrative authorities for assigned tasks or jointly be responsible for traffic safety violations occurring within the scope of bridges and roads under the unit's responsibility.

The Deputy Director shall be accountable to the Director for assigned tasks.

Article 17. Responsibilities of the Head of the Road Management Station

1- Organize the operation and supervision of station staff to implement the responsibilities of the Road Management Station as prescribed in Article 8 of this Regulation;

2- Be responsible before the Director of the Road Management and Repair Unit for assigned tasks; directly or jointly be responsible for damage to road works and encroachment on road safety zones within the assigned management scope.

The Deputy Station Director shall be accountable to the Station Director for assigned tasks.

Article 18. Responsibilities of the Ferry Cluster Director, Wharf Manager (Floating Bridge Manager)

1- Organize the implementation of ferry traffic safety tasks as prescribed in Article 9 of this Regulation;

2- Regularly and unexpectedly inspect traffic safety work of project management boards and contractors implementing repair and upgrade projects where construction and traffic safety coexist; handle violations within authority or report to superiors for handling;

3- Be responsible before superior administrative authorities for assigned management tasks or jointly be responsible for traffic safety issues due to unsafe ferry routes, wharfs, ferries, or floats.

The Deputy Director, Deputy Wharf Manager shall be accountable to the Director and Wharf Manager for assigned tasks.

Article 19. Responsibilities of Road Patrol Officers

1- Fulfill tasks assigned by the Station Chief and comply with legal regulations on road traffic infrastructure management and protection;

2- Regularly inspect and detect road infrastructure damage, encroachments, and contractor construction activities that cause traffic safety issues; record findings fully in patrol logs and report to superiors as required;

3- Coordinate with traffic police, public order police, traffic inspectors, and local authorities in combating encroachments, handling traffic accidents, and updating comprehensive accident statistics;

4- When discovering traffic infrastructure incidents leading to congestion or safety issues, take immediate warning measures, reroute traffic, and promptly report to superiors. Be responsible for traffic safety issues arising from failure to detect infrastructure damage.

Article 20. Responsibilities of Continuous Maintenance Workers

1- Fulfill tasks assigned by the Station Chief or Deputy Station Chief;

2- Quickly and neatly complete assigned tasks; do not engage in other work until the assigned task is completed;

3- Must place construction signs and barriers throughout the repair process and may only move to another location once repairs are completed.

Upon discovering minor damages such as repairing road shoulders, clearing drainage channels, or similar tasks, immediately repair them according to technical requirements. For larger damages beyond their capability, immediately report to the Station Chief or Deputy Station Chief.

Article 21. Responsibilities of the Director of the Bureau for Inspection and Quality Management of Transportation Works

Direct staff members in the Bureau to implement the contents stipulated in Article 10 of this Regulation.

Article 22. Responsibilities of the General Directors of Project Management Units

Directing staff to implement the contents prescribed in Article 11 of this Regulation.

Article 23. Responsibilities of the Head of the Contractor

Directing the organization to implement the contents prescribed in Article 12 of this Regulation and the Construction Work Regulations on Operating Roads issued pursuant to Decision No. 4213/2001/QĐ-BGTVT dated December 10, 2001 of the Minister of Transport.

Chapter 3:

VIOLATIONS AND FORMS OF DISCIPLINARY ACTION

SECTION A. FORMS OF DISCIPLINARY ACTION AGAINST SUPERIOR LEADERS DUE TO RELATED RESPONSIBILITY

Article 24. Forms of disciplinary action against leaders of the Vietnam Highway Administration Male

Leaders of the Vietnam Highway Administration and advisory agencies of the Bureau must jointly bear indirect responsibility and be subject to disciplinary action according to their individual responsibilities assigned and the severity of the disciplinary actions imposed on subordinates in the management and operation of road traffic infrastructure maintenance work:

1- The Director and Deputy Director may be criticized, reprimanded, warned, demoted in salary grade, demoted in rank, or dismissed depending on the nature and severity of the violation.

2- Leaders of advisory agencies of the Vietnam Highway Administration tasked with monitoring, directing, and inspecting may be reprimanded, warned, demoted in salary grade, demoted in rank, or dismissed depending on the nature and severity of the violation.

Article 25. Forms of disciplinary action against the General Director of the Road Management Zone

Failure to fulfill the tasks specified in Article 14 of this Regulation shall result in disciplinary action and joint liability in the following cases, depending on the nature and degree of violation:

1- Reprimand when:

a- For two Ward Chiefs or two Port Chiefs under their management being forced to resign.

b- For one Director of a Road Maintenance Management Unit or Ferry Complex being warned related to road management and maintenance, ferry port (raft bridge).

2- Warning when:

a- For two Ward Chiefs or Port Chiefs under their management being criminally prosecuted for offenses related to road management and maintenance, ferry port (raft bridge);

b- For one Director of a Road Maintenance Management Unit or Ferry Complex being dismissed related to road management and maintenance, ferry port (raft bridge).

3- Dismissal when:

a- For three Ward Chiefs or Port Chiefs under their management being criminally prosecuted for offenses related to road management and maintenance, ferry port (raft bridge);

b- For one Director of a Road Maintenance Management Unit or Ferry Complex being criminally prosecuted for offenses related to road management and maintenance, ferry port (raft bridge).

The Deputy General Director of the Road Management Zone bears responsibility and is subject to disciplinary action like the General Director of the Road Management Zone in the areas assigned to them.

Article 26. Forms of disciplinary action against the Director of the Department of Transport (Public Transport):

If failing to complete the tasks stipulated in Article 15 of this Regulation, they will be subject to disciplinary action and bear joint liability in the following cases depending on the nature and severity of the violation:

1- Reprimand when:

a- For two Ward Chiefs under their management being forced to resign;

b- For one Director of a Road Maintenance Management Unit or Ferry Port Chief under their management being warned related to road management and maintenance, ferry port (raft bridge).

2- Warning when:

a- For two Ward Chiefs under their management being criminally prosecuted for offenses related to road management;

b- For one Director of a Road Maintenance Management Unit or Ferry Port Chief under their management being dismissed related to road management and maintenance, ferry port (raft bridge).

3- Dismissal when:

a- For three Ward Chiefs under their management being criminally prosecuted for offenses related to road management;

b- For one Director of a Road Maintenance Management Unit or Ferry Port Chief under their management being criminally prosecuted for offenses related to road management and maintenance, ferry port (raft bridge).

The Deputy Director of the Department of Transport (Public Transport) bears responsibility and is subject to disciplinary action like the Director of the Department of Transport (Public Transport) in the areas assigned to them.

Article 27. Forms of handling for leaders of advisory agencies of the Highway Management Zone

Leaders of advisory agencies who fail to complete assigned tasks shall be subject to disciplinary action depending on the level of violation and bear joint liability for violations committed by employees and the Director of the Road Maintenance Management Unit, Ferry Group, Ferry Terminal (floating bridge), with a lower level of handling than that of the Director of the Road Maintenance Management Unit, Ferry Group.

Article 28. Forms of handling for leaders of advisory agencies of the Department of Transport (Department of Public Works)

Leaders of advisory agencies who fail to complete assigned tasks shall be subject to disciplinary action depending on the level of violation and bear joint liability for violations committed by employees and the Director of the Road Maintenance Management Unit, Ferry Group, Ferry Terminal (floating bridge), with a lower level of handling than that of the Director of the Road Maintenance Management Unit, Ferry Terminal (floating bridge) Director.

Article 29. Forms of handling for the Director of the Road Maintenance Management Unit, Ferry Group Director

1- Reprimand when:

a- Failure to complete one of the tasks specified in Article 16 of this Regulation (for road maintenance management units) or Article 18 of this Regulation (for ferry groups);

b- Station Directors under their management shall be handled with the form of being dismissed from service.

2- Warning when:

a- Failure to complete two of the tasks already specified in Article 16 of this Regulation (for road maintenance management units) or Article 18 of this Regulation (for ferry groups).

b- Station Directors shall be held criminally responsible for offenses related to road maintenance, ferry terminals (floating bridges).

3- Dismissal when:

a- Failure to complete the tasks already specified in Article 7 of this Regulation (for road maintenance management units) or Article 9 of this Regulation (for ferry groups).

b- Permitting two Station Directors or two Ferry Terminal Directors to be held criminally responsible for offenses related to the management and maintenance of roads, ferry terminals (floating bridges).

4- Dismissal from service when:

a- Permitting three Station Directors or three Ferry Terminal Directors to be held criminally responsible for offenses related to the management and maintenance of roads, ferry terminals (floating bridges).

b- Being penalized according to the court's decision.

Article 30. Handling of leaders of the Bureau of Inspection and Quality Management of Transportation Projects

With the function of state management over ongoing highway construction projects, the leaders of the Bureau of Inspection and Quality Management of Transportation Projects and the leaders of the Bureau's advisory agencies must simultaneously bear indirect responsibility and be subject to handling based on the personal responsibility and level of handling of subordinates and Project Management Boards, Contractors in the management and operation of ongoing highway construction projects. The level of handling is as follows:

a- Director (Deputy Director), Head of Board (Deputy Head): shall be criticized, reprimanded up to warning, delayed salary increase, demoted rank, reduced pay grade, or dismissed from position.

b- Directly responsible and supervising officers: shall be reprimanded, warned, delayed salary increase, demoted rank, reduced pay grade, or reassigned to other work.

Article 31. Handling of leaders of Project Management Boards (Representatives of the Project Owner):

With the function of representing the project owner to manage basic construction projects and road repairs on operational highways, the leaders of Project Management Boards and the leaders of the Board's advisory departments must simultaneously bear indirect responsibility for construction errors in basic construction projects and road repairs on operational highways. The level of handling is as follows:

1- General Manager (Deputy General Manager), Head of Department (Deputy Head of Department) shall be criticized, reprimanded, warned, delayed salary increase, demoted rank, reduced pay grade, or dismissed from position.

2- Directly responsible and supervising officers: shall be reprimanded, warned, delayed salary increase, demoted rank, reduced pay grade, reassigned to other work, or dismissed from service.

Article 32. Forms of handling for the head of the construction contractor

Main contractors and subcontractors when implementing basic construction and road repair projects on ongoing roads:

1\. Warning when failing to implement Clause 1 and Clause 3 of Article 12 of this Regulation and being recorded by the competent authority for the first time; if recorded for the second time, shall not participate in bidding and construction of subsequent projects for a period of one year; at the same time, still must comply with Clauses 1 and 3 of Article 12 of this Regulation.

2\. Suspension of construction when failing to implement Clause 2 of Article 12 of this Regulation and not participating in bidding and construction of subsequent projects for a period of one year; at the same time, still must comply with Clause 2 of Article 12 of this Regulation.

3\. Compensation for damage and prohibition from participating in bidding and construction of subsequent projects when failing to implement Clause 2 of Article 12 of this Regulation leading to serious traffic accidents.

SECTION B. FOR HEADS OF DISTRICTS

Article 33. Violations

1\. Failure to collect, update data on the status of bridges and roads according to management regulations and report according to prescribed forms, failure to inspect and urge the road patrol to properly perform assigned tasks and record reports.

2\. Insufficient inspection and urging workers responsible for maintenance to comply with safety rules and traffic regulations during construction.

3\. Failure to effectively manage and store files delegated to the District.

4\. Failure to immediately inspect and handle damages and violations affecting traffic safety upon receiving information from organizations, individuals, or reports from the Road Patrol.

5\. Allowing three or more workers to be warned for violating provisions in Section E of Article 40 of this Regulation.

6\. Allowing three or more workers to be warned and demoted in pay grade for violating provisions in Section E of Article 40 of this Regulation.

7\. Allowing two or more workers to be dismissed for violating provisions in Section E of Article 40 of this Regulation.

Failure to inspect and urge the implementation of protective measures during repair work leading to dangerous traffic accidents.

Article 34. Forms of Handling

1\. Warning when committing a violation for the first time under any of Clauses 1, 2, 3, or 4 of Article 33 of this Regulation;

2\. Warning and demotion in pay grade when:

a\. Committing a violation for the second time under any of Clauses 1, 2, 3, or 4 of Article 33 of this Regulation;

b\. Committing a violation for the first time under Clause 5 of Article 33 of this Regulation;

3- Dismissal when:

a\. Committing a violation for the third time under any of Clauses 1, 2, 3, or 4 of Article 33 of this Regulation;

b\. Committing a violation for the second time under Clause 5 of Article 33 of this Regulation;

c\. Committing a violation under any of Clauses 6, 7, or 8 of Article 33 of this Regulation.

Deputy station chiefs shall be responsible and subject to handling like station chiefs in their assigned areas.

SECTION C. FOR HEADS OF FERRY STATIONS (FLOATING BRIDGES)

Article 35. Violations

1\. Failure to urge employees, sailors, and captains to strictly follow ferry operation procedures, assembly, and disassembly of floating bridges.

2\. Failure to inspect and urge shore-based staff to manage traffic flow, resulting in congestion at both ends of the road leading to the ferry station.

3\. Failure to manage infrastructure at the station; update and classify vehicle traffic volume; tidal conditions; weather conditions; road conditions leading to the ferry station and floating bridge; and report according to regulations.

4\. Insufficient inspection and urging regular maintenance of the station facilities or allowing captains and sailors to operate ferries incorrectly, leading to damage to ferries and station facilities, loss of river and road signs.

Article 36. Forms of Handling

1- Reprimand for the first violation of any of Clauses 1, 2, 3 of Article 35 of this Regulation;

2- Warning when:

a- A second violation of any of Clauses 1, 2, 3 of Article 35 of this Regulation;

b- A first violation of Clause 4 of Article 35 of this Regulation;

3- Warning and demotion in rank when:

a- A third violation of any of Clauses 1, 2, 3 of Article 35 of this Regulation;

b- A second violation of Clause 4 of Article 35 of this Regulation;

4- Dismissal when:

a- A fourth violation of any of Clauses 1, 2, 3 of Article 35 of this Regulation;

b- A third violation of Clause 4 of Article 35 of this Regulation;

c- A violation of Clause 4 of Article 35 of this Regulation leading to serious damage to the ferry terminal requiring cessation of ferry operations;

The deputy station manager shall bear responsibility and be treated like the station manager in the areas assigned to them.

SECTION D. FOR ROAD PATROL STAFF

Article 37. Violations

1- Performing duties with blood alcohol concentration exceeding 80 milligrams/100 milliliters of blood or 80 milligrams/1 liter of exhaled air, or other prohibited stimulants under the law.

2- Having an arrogant attitude, lacking civility and courtesy towards individuals who illegally encroach upon or damage road infrastructure.

3- Leaving assigned duties without authorization or performing them contrary to instructions.

4- Failing to detect damages to roads and bridges or violations within the protected areas of road traffic infrastructure.

5- Discovering damages to infrastructure but failing to report them promptly as required.

6- Failing to record patrol contents in the patrol logbook as required.

7- Failing to implement warning measures or traffic diversion when discovering damages to road infrastructure, resulting in traffic safety issues.

8- Failing to address violations of road infrastructure within their authority.

9- Facilitating violations of road infrastructure.

Article 38. Forms of Handling

1- Criticism for the first violation of any of Clauses 1, 2, 3 of Article 37 of this Regulation

2- Reprimand when:

a- A second violation of any of Clauses 1, 2, 3 of Article 37 of this Regulation;

b- A first violation of any of Clauses 4, 5, 6 of Article 37 of this Regulation.

3- Warning when:

a- A third violation of any of Clauses 1, 2, 3 of Article 37 of this Regulation;

b- A second violation of any of Clauses 4, 5, 6 of Article 37 of this Regulation;

c- A first violation of any of Clauses 7, 8 of Article 37 of this Regulation.

4- Transfer to another position when:

a- A fourth violation of any of Clauses 1, 2, 3 of Article 37 of this Regulation;

b- A third violation of any of Clauses 4, 5, 6 of Article 37 of this Regulation;

5- Forced termination of employment when:

a- A second violation of any of Clauses 7, 8 of Article 37 of this Regulation;

b- A violation of Clause 9 of Article 37 of this Regulation;

SECTION E. FOR REGULAR MAINTENANCE WORKERS

Article 39. Violations

1- Repairing not in accordance with the prescribed procedures;

2- Not performing tasks according to assigned duties;

3- Leaving before completing assigned work;

4- Discovering damage but failing to report it;

5- Construction area without warning signs, barriers, or night lights as required.

Article 40. Forms of Handling

1- Criticism for the first violation of Clause 4 of Article 39 of this Regulation

2- Reprimand when:

a- A second violation of Clause 4 of Article 39 of this Regulation;

b- A first violation of any of Clauses 1, 2, 3 of Article 39 of this Regulation.

3- Warning for the first violation of Clause 5 of Article 39 of this Regulation.

4- Warning and demotion in rank when:

a- A third violation of Clause 4 of Article 39 of this Regulation;

b- A second violation of any of Clauses 1, 2, 3 of Article 39 of this Regulation

5- Forced termination of employment when:

a- A third violation of any of Clauses 1, 2, 3 of Article 39 of this Regulation;

b- A second violation of Clause 5 of Article 39 of this Regulation.

MỤC G. AUTHORITY TO DISPOSE OF VIOLATIONS

Article 41. The Minister of Transport shall discipline the Director General and Deputy Director General of the Vietnam Highway Administration; the Director General and Deputy Director General of the Quality Control and Inspection Bureau for Transportation Works; the General Director and Deputy General Director of the Project Management Board under the Ministry; the General Director of the Road Management Zone.

Article 42. The Chairman of the People's Committee of provinces and centrally governed cities shall discipline the Director of the Department of Transport (Public Works) and other positions based on the proposal of the Director General of the Vietnam Highway Administration within their authority.

Article 43. The Director General of the Vietnam Highway Administration Male shall discipline:

1- Staff members of the advisory agencies of the Vietnam Highway Administration;

2- Deputy General Director of the Road Management Zone, General Director (Deputy General Director) of the Project Management Board under the Vietnam Highway Administration;

3- Director of the Road Maintenance Management Unit, Director of the Ferry Complex under the management of the Vietnam Highway Administration.

Article 44. The General Director of the Road Management Zone

shall discipline:

1- Staff members of the advisory agencies of the Road Management Zone;

2- Deputy Director of the Road Maintenance Management Unit, Deputy Director of the Ferry Complex under the management of the Road Management Zone.:

Article 45. The Director of the Department of Transport (Public Works)

shall discipline:

Article 46. 1- Staff members of the advisory agencies of the Department of Transport (Public Works);

Chapter 4:

IMPLEMENTATION

Article 47. 2- Deputy Director of the Road Maintenance Management Unit and other positions within their authority.

Article 48. The Director General of the Vietnam Highway Administration, the Director General of the Quality Control and Inspection Bureau for Transportation Works, the Director of the Department of Transport (Public Works), the General Director of the Project Management Board, the General Director of the Road Management Zone shall be responsible for disseminating and guiding this Regulation to subordinate units and individuals for implementation.

The Director General of the Vietnam Highway Administration, the Director General of the Quality Control and Inspection Bureau for Transportation Works, the Inspector General of the Ministry, the Head of the Cadre and Civil Servant Affairs Department, the Head of the Legal Affairs Department shall be responsible for inspecting and organizing the implementation of this Regulation.