Circular No. 16/2012/TT-BGTVT on training, issuing, and managing traffic safety inspectors' certificates for road traffic

CIRCULAR

Provisions on training, issuing, and managing the Safety Inspector Certificate

for road traffic

______________

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to the Decree No. 11/2010/NĐ-CP dated February 24, 2010 of the Government on management and protection of road infrastructure;

Considering the proposal of the Director of the Cadre and Civil Servant Department;

The Minister of Transport issues this Circular to provide provisions on training, issuing, and managing the Safety Inspector Certificate for road traffic safety as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Circular stipulates the training, issuance, and management of the Safety Inspector Certificate for road traffic safety.

Article 2. Applicability

This Circular applies to agencies, organizations, and individuals related to the work of training, issuing, and managing the Safety Inspector Certificate for road traffic safety.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Road traffic safety inspection is the activity conducted by consulting organizations to study and analyze relevant documents (Investment Report for Construction Projects, Basic Design, Technical Design, Construction Drawing Design, Economic-Technical Report for Construction Projects, completion files of construction projects, route management files, traffic accident files) and conduct on-site inspections to identify potential traffic accidents or assess causes of traffic accidents and propose solutions to ensure safe and smooth traffic on the route.

2. A road traffic safety inspector is a person who has been trained and issued the Safety Inspector Certificate for road traffic safety.

3. The head of road traffic safety inspection is a road traffic safety inspector responsible for leading the implementation of road traffic safety inspection.

4. Training institution is an organization that implements the training of road traffic safety inspectors.

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TRAINING PROGRAM AND MATERIALS

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1. Objectives

Training a team of inspectors with sufficient capacity to perform road traffic safety inspection tasks.

2. Requirements

The content of the training program and materials must ensure that trainees:

a) Master the provisions of the Road Traffic Law and related guiding documents concerning road traffic safety and road traffic safety inspection;

d) Skills in researching and analyzing documents, conducting field inspections;

c) Understand the responsibilities, obligations, and authorities of road traffic safety inspectors and heads of road traffic safety inspection.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 5. hograms andenergy trìealth road° Training,

The framework training program for road traffic safety inspectors is specified in Appendix I of this Circular.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 6. Ttoi material Article 1. Amending and supplementing certain articles of Circular No. 35/2020/TT-BGDĐT dated October 1, 2020 issued by the Minister of Education and Training on job code, occupational standards, appointment, and salary grading for public college teachers in teacher training colleges teach

Teaching materials are compiled by the training institution, consistent with the framework training program as stipulated in Article 5 of this Circular.

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ORGANIZATION FUNCTION CREATIONO CERTIFICATE VTHE PEOPLE'S COMMITTEE CERTIFICATE 2. Have a teaching staff, infrastructure, and teaching materials suitable for the training program as prescribed in this Circular.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 7. Co (i) Name, headquarters address, contact phone number of the parties signing the contract; road° Training,

1. Established in accordance with the provisions of the law.

3. Be approved by the Vietnam Highway Corporation.

1. Conduct training strictly according to the training program content.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 8. TRJune 2024;c Qu NATIONAL vto ON THE of specialized agency under the People's Committee of the province/city.o (i) Name, headquarters address, contact phone number of the parties signing the contract; road° Training,

2. Be subject to inspection and supervision by authorized agencies.

3. Before January 31 each year, report to the Vietnam Highway Corporation on the previous year's training activities.

4. Establish and retain records as required.

5. Charge tuition fees based on the principle of revenue covering expenses and use training funds in accordance with current regulations.

Approval

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 9. 1. Procedures and methods for implementing the approval process for training institutions as stipulated in Article 14 of this Circular. they specialized agency under the People's Committee of the province/city.o (i) Name, headquarters address, contact phone number of the parties signing the contract; road° Training,

2. The application file consists of one set, including:

a) A letter requesting approval for the establishment of a training institution for road traffic safety inspectors;

b) Decision on establishment or business registration certificate, or functional and duty regulations, or scientific research registration (certified copy);

d) List of teachers (with detailed information about their professional qualifications and practical experience in occupational activities) accompanied by copies of teaching contracts or labor contracts;

c) Declaration on material facilities;

đ) Teaching materials (draft).

3. The approval certificate for training institutions for road traffic safety inspectors is valid for five years; the model of the approval certificate is specified in Appendix II of this Circular.

4. When the validity period stated on the approval certificate expires, the training institution must submit an extension application file including the documents specified in points c and d of Clause 2 of this Article and a letter requesting an extension with a report on completed training activities.

5. The list of approved training institutions will be publicly disclosed on the website of the Vietnam Highway Corporation.

Learning

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 10. uilding vJune 2024;° FUNCTIONêFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract. vto 1. Teachers of road traffic safety inspection must meet one of the following criteria: FUNCTIONêFor power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.

a) Meet the conditions to hold the position of head of road traffic safety inspection;

b) Hold a bachelor's degree or higher in transportation engineering and have at least ten years of experience in one of the following fields: teaching road traffic safety, state management of road traffic safety, drafting legal documents on road traffic safety;

c) Have professional qualifications, working time, and work experience as stipulated in point a, Clause 2, Article 12 of Decree No. 11/2010/NĐ-CP dated February 24, 2010, of the Government on the management and protection of road transport infrastructure.

2. Students must ensure the following conditions:

a) Being a Vietnamese citizen or a foreigner permitted to reside or work, study in Vietnam;

b) Having civil capacity; being in good health;

1. Enrollment:

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 11. is agencies and organizations registered to participate in the System with one or more roles as follows: LIMITATION road° Training,

a) The training institution announces enrollment, requirements for students, planned training schedule (time, location), costs, and other necessary information;

b) Agencies, organizations, and individuals register to attend the training institution;

c) The student registration file includes:

- An enrollment form according to the model specified in Appendix III of this Circular;

- Two (2) 4x6cm photos taken within six months for identification purposes;

- Certified copies of all diplomas;

- A work experience declaration in the field of roads, confirmed by the direct management agency or unit of the student according to the model specified in Appendix IV of this Circular;

- A health certificate issued by a competent medical facility.

d) The training institution receives and reviews the files to ensure that students meet the conditions stipulated in Clause 2, Article 10 of this Circular.

2. The training institution establishes a training plan and informs the Vietnam Highway Corporation before starting classes.

3. Organizing training:

a) The training institution accepts students and arranges classes (each class shall not exceed forty-five students);

b) Disseminate class rules and regulations and distribute teaching materials to students;

c) Conduct training according to the program and plan.

1. The training institution establishes an examination board consisting of:

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 12. is agencies and organizations registered to participate in the System with one or more roles as follows: LIMITATION ect

a) The Chairman of the Board is the Leader of the Training Institution;

b) The Vice-Chairman of the Board is the Leader of the Traffic Safety Advisory Department of the Vietnam Highway Corporation;

b) The Vice Chairman of the Council is the Leader of the Traffic Safety Advisory Agency of the Vietnam Highway Corporation;

c) The Council includes 01 (one) civil servant from the Vietnam Highway Administration and 02 (two) officers from the training institution.

2. The tasks of the examination council:

a) Bear full responsibility related to the examination process;

b) Organize question setting and ensure the confidentiality of examination questions;

c) Verify and determine the list of trainees eligible to take the exam;

d) Organize the exam, grade it, and report the results.

3. Conditions for taking the exam and issuing the Certificate:

a) Trainees are eligible to take the exam if they have attended the full duration of the course;

b) Trainees will be issued the Certificate when their exam score reaches 60/100 points or higher.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 13. Issuance Certificate )

1. The training institution issues a decision recognizing the exam results and submits them to the Vietnam Highway Administration for issuance of the Certificate within 15 working days from the date of the exam.

2. The procedures for issuing the Certificate shall be carried out according to the provisions of Article 14 of this Circular.

3. The application dossier for the Certificate is prepared by the training institution in one set, including:

a) A request for issuance of the Certificate according to the form prescribed in Appendix V of this Circular;

b) Decision recognizing the exam results.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 14. TRìealth voluntarily, specialized agency under the People's Committee of the province/city.June 2024;c Qu procedure carrying out, if currently the procedure continue handling time

1. Individuals and organizations submit the dossier and receive the result directly at the Vietnam Highway Administration or through the postal service system.

2. The Vietnam Highway Administration receives the dossier:

a) For cases submitted directly, after reviewing the dossier components, if it does not meet the requirements, the Vietnam Highway Administration guides the completion of the dossier; if the dossier is complete, a receipt for the result is issued;

b) For cases submitted through the postal service system, if the dossier does not meet the requirements, within 02 (two) working days from the date of receiving the dossier, the Vietnam Highway Administration sends a document guiding the completion.

3. The Vietnam Highway Administration reviews the dossier and issues the Certificate within 15 working days from the date of receiving the complete dossier as required.

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MANAGEMENT L, In addition to these achievements, the implementation of the land use plan and program still has some limitations and inadequacies. The quality of the land use plan and program remains low; regional connectivity has not met requirements, planning management is weak; compliance with laws, discipline, and rules in implementing the plan and program is not strict; misuse of land for unintended purposes, wastage, and inefficiency still occur in many places; supervision, inspection, handling of violations, and resolution of complaints and denunciations are not timely, causing public dissatisfaction. USE CERTIFICATE 2. Have a teaching staff, infrastructure, and teaching materials suitable for the training program as prescribed in this Circular. AUDIT OF VIÊN ||| AN TOTHEN |||

 TRAFFIC SIGNATUREÔNG 1. The Road Traffic Safety Auditor Certificate (hereinafter referred to as the Certificate) is issued and managed uniformly nationwide by the Vietnam Highway Administration; the Certificate has a validity period of 5 years, with the Certificate format prescribed in Appendix VI of this Circular.2. The list of Road Traffic Safety Auditors who have been issued Certificates is publicly disclosed on the website of the Vietnam Highway Administration. MINISTRY

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3. The person holding the Certificate is responsible for managing and using the Certificate for its intended purpose.

4. It is not allowed to lease, lend, sublease, or lend the Certificate for practice; the Certificate must not be altered or erased.

USE

1. The Certificate is used during the performance of road traffic safety audit tasks.

3. Amend Clause 3 Article 2 as follows:a) The specialized department as stipulated in Clause 2, Article 14 of Decree No. 127/2007/NĐ-CP dated August 1, 2007, issued by the Government detailing a number of articles of the Law on Standards and Technical Regulations; 16. 2. Individuals holding the Certificate must present the Certificate and comply with inspection and supervision requirements when requested by authorized agencies. OF NATIONAL Certificate )

Article 17. Renewal of the Certificate

1. The renewal of the Certificate is carried out within a period of 01 to 03 months before the Certificate expires. Road Traffic Safety Auditors seeking to renew their Certificate must meet the following conditions:

a) During the validity period of the Certificate, they must participate in auditing the safety of at least 03 (three) projects;

b) They must not violate laws and regulations concerning the implementation of road traffic safety audit work.

2. Procedures for requesting renewal of the Certificate:

a) The procedures for renewing the Certificate are carried out according to the provisions of Article 14 of this Circular;

b) The application dossier for renewing the Certificate is prepared by individuals in one set, including:

- A request for renewal of the Certificate according to the form prescribed in Appendix VII of this Circular;

- A statement of experience in conducting road traffic safety audits without any violations during the validity period of the Certificate being renewed (the statement must be confirmed by the management agency or unit of the holder of the Certificate).

- An application for changing the Certificate according to the form prescribed in Appendix VII of this Circular;

- A declaration of experience in conducting traffic safety audits, without committing any violations during the period the Certificate was valid (the declaration must be confirmed by the management agency or unit of the person holding the Certificate).

Article 18. Reissuing the Certificate

1. During the validity period of the Certificate, a Traffic Safety Inspector may have the Certificate reissued in cases where the Certificate is lost or damaged.

2. Procedures for requesting reissuance of the Certificate:

a) The procedures and methods for reissuing the Certificate shall be carried out in accordance with the provisions of Article 14 of this Circular;

b) The application dossier for reissuing the Certificate shall be prepared in one set, including:

- An application form for reissuing the Certificate as prescribed in Appendix VII of this Circular;

- The old Certificate that is damaged.

3. The Vietnam Highway Administration shall review and reissue the Certificate within the validity period of the previously issued Certificate.

Article 19. Revocation of the Certificate

1. The Certificate shall be revoked in the following cases:

a) If it has been altered, erased, or tampered with;

b) It is rented out or lent for unauthorized use;

c) Discovery of dishonesty in the student's registration dossier;

d) Discovery of violations by the training institution during the training of Traffic Safety Inspectors.

2. The Vietnam Highway Administration shall carry out the revocation of the Certificate.

3. Agencies, organizations, and individuals are responsible for detecting and reporting violations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. Effective Date

This Circular takes effect from August 1, 2012.

Article 21. Transitional Provisions

Certificates issued by the Vietnam Road Administration (now the Vietnam Highway Administration) before the effective date of this Circular shall be exchanged for new Traffic Safety Inspector Certificates. The procedures for exchanging the Certificate shall be carried out in accordance with Clause 2 of Article 17 of this Circular.

Article 22. Implementation organization

The Director of the Ministry’s Office, the Head of the Ministry’s Inspectorate, Heads of Departments, Chairmen of People's Committees of provinces and centrally-administered cities, the Director-General of the Vietnam Highway Administration, Heads of agencies, organizations, and individuals related to this matter are responsible for implementing this Circular./.