Decision No. 21/2004/QD-BGTVT on the functions, tasks, powers, and organizational structure of the Inspectorate of the Ministry of Transport

Pursuant to …;

Regulations on functions, tasks, powers

and the organizational structure of the Inspectorate under the Ministry of Transport

_____________________

THE MINISTER OF TRANSPORTATION

Pursuant to the Inspection Law No. 22/2004/QH11 dated June 15, 2004;

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. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of transport inspection;

Upon the proposal of the Inspector General of the Ministry and the Director of the Department of Organization and Cadres,

DECISION:

Article 1. Position, , tasks

The Inspectorate under the Ministry of Transport (hereinafter referred to as the Inspectorate) is an agency of the Ministry of Transport, belonging to the traffic inspection system, performing administrative inspection and specialized inspection functions within the scope of state management of the Ministry of Transport.

The Inspectorate operates under the management and direct guidance of the Minister of Transport, while also being subject to the direction and guidance on work, organization, and inspection procedures from the Government Inspectorate.

The Inspectorate has its own seal, is allowed to open an account at the State Treasury, and may use the seal of the Ministry when the Chief Inspector of the Inspectorate signs documents acting on behalf of the Minister of Transport.

The English name for the Inspectorate is: Ministry of Transport Inspectorate, abbreviated as: MTI

Article 2. Duties and powers of the Inspectorate

1. Participate in drafting draft normative legal documents on inspection work; take the lead or participate in drafting draft normative legal documents related to the organization and activities of traffic inspection agencies to be submitted to the Minister of Transport for issuance within his authority or to competent authorities for issuance.

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

3. Inspect compliance with specialized traffic laws by agencies, organizations, and individuals nationwide; impose administrative penalties according to the provisions of the law.

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

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

6. Manage, direct, and oversee the work, organization, and specialized inspection activities of the Inspectorates under the Departments of the Ministry of Transport (hereinafter referred to as Department Inspectorates); take the lead and coordinate with Department Inspectorates to provide guidance on specialized inspection procedures for Inspectorates under the Transportation Departments (or Public Works Departments).

7. Recommend competent authorities to improve policies and laws on transportation sector management; recommend suspension or revocation of decisions found to be contrary to the law through inspection work.

8. Monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and post-inspection decision enforcement.

9. Coordinate with relevant agencies to train and enhance inspection skills for inspectors, inspection associates, and heads of agencies and organizations under the management of the Minister of Transport.

10. Coordinate with Inspectorates of other Ministries, sectors, local authorities at all levels, and related agencies during the inspection process and in implementing preventive measures, blocking, and combating illegal acts within their assigned duties and powers.

11. Summarize and report on inspection work results, complaint and denunciation resolution; preventive and anti-corruption work, thrift, and waste prevention within the responsibility of the Ministry of Transport.

12. Manage organization, staffing, finance, and assets allocated according to regulations.

13. Perform other tasks and powers as prescribed by law and assigned by the Minister of Transport.

Article 3. Tasks and Authorities of the Director of the Ministry's Inspectorate

1. Lead and direct inspection work within the scope of the Ministry of Transport's administrative management; directly manage and direct the Inspectorate Office to perform tasks and authorities as stipulated in this Decision and other relevant laws.

2. Develop inspection programs and plans for approval by the Minister of Transport and organize their implementation.

3. Propose to the Minister of Transport to decide on inspections within his/her authority.

4. Decide on inspections and establish inspection teams to implement inspection decisions or assign traffic transport inspectors from the organizational system to carry out inspection tasks.

5. Impose administrative penalties according to the provisions of the law.

6. Inspect, verify, issue decisions to amend, supplement, or replace violation handling decisions made by the Director of the Inspection Bureau if there is evidence that such decisions violate the law or cause damage to state interests, lawful rights and interests of citizens.

7. Recommend the Minister of Transport to consider responsibility and handle individuals who commit violations under his/her management; cooperate with heads of agencies and organizations in considering responsibility and handling individuals who commit violations under their management.

8. Base on reports from inspection teams to conclude on the content of inspections, where the Director of the Ministry's Inspectorate makes inspection decisions.

Article 4. Organizational Structure and Staffing

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

1. The Ministry's Inspectorate is organized into Departments, including:

a) General Department: advise and assist the Director of the Ministry's Inspectorate in planning and comprehensive work; training and professional development, managing traffic transport inspector rank standards; financial and asset management of the Ministry's Inspectorate; citizen reception work; complaints and denunciations resolution, anti-corruption prevention at the Ministry of Transport.

b) Inspection Department I: advise and assist the Director of the Ministry's Inspectorate in road transport and civil aviation inspection work, complaints and denunciations resolution, anti-corruption prevention.

c) Inspection Department II: advise and assist the Director of the Ministry's Inspectorate in inland waterway, railway, and maritime transport inspection work, complaints and denunciations resolution, anti-corruption prevention.

When deemed necessary, the Director of the Ministry's Inspectorate may propose to the Minister to establish additional or dissolve Departments within the Ministry's Inspectorate.

The Director of the Ministry's Inspectorate shall specify the tasks, authorities, and working relationships of the Departments.

2. The Ministry's Inspectorate includes the Director of the Ministry's Inspectorate, Deputy Director of the Ministry's Inspectorate, Heads of Departments, Deputy Heads of Departments, Inspectors, and Specialists (if any).

The Director of the Ministry's Inspectorate is appointed and relieved of duty by the Minister of Transport after consultation with the Chief Inspector. The Deputy Director of the Ministry's Inspectorate is appointed and relieved of duty by the Minister of Transport upon recommendation of the Director of the Ministry's Inspectorate. Heads of Departments and Deputy Heads of Departments are appointed and relieved of duty by the Director of the Ministry's Inspectorate.

3. The staffing of the Ministry's Inspectorate belongs to the administrative staffing of the Ministry of Transport, decided annually by the Minister of Transport.

Inspectors are appointed or relieved according to the provisions of the law.

1. This Decision takes effect fifteen days after its publication in the Official Gazette and replaces Decision No. 1151/QĐ-TTr dated June 12, 1993 issued by the Minister of Transport on the organization and operation regulations of the Ministry of Transport's Inspectorate; abolishes previous provisions contrary to this Decision.

Article 5. Effectiveness and Responsibility for Implementation

2. The Heads of the Office, the Director of the Ministry's Inspectorate, Heads of Departments under the Ministry, Heads of agencies and organizations, and related individuals are responsible for implementing this Decision./.

The Director of the Office, the Inspector General of the Ministry, the Heads of the Departments under the Ministry, the Heads of agencies and organizations, and individuals concerned are responsible for implementing this Decision./.