Decision No. 24/2008/QĐ-BGTVT on the functions, tasks, powers, and organizational structure of the Inspectorate under the Ministry of Transport

Pursuant to …;

Regulations on functions, tasks, powers, and organizational structure

of the Ministry of Transport Inspectorate

________________

MINISTER OF TRANSPORT

Pursuant to the Inspection Law 2004;

Pursuant to Decree No. 136/2004/NĐ-CP dated June 16, 2004 of the Government on the organization and operation of transport inspection;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

At the proposal of the Inspector General of the Ministry and the Director of the Cadre and Civil Service Department,

DECISION:

Article 1. Position and Functions

The Ministry of Transport Inspectorate (hereinafter referred to as the Inspectorate) is an agency under the Ministry of Transport, part of the transport inspection system, performing administrative inspection functions over organizations and individuals under the management of the Ministry, and specialized inspection within the scope of the Ministry's state management.

The Inspectorate operates under the direct management and 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, maintains an account at the State Treasury, and may use the Ministry's seal when the Inspector General signs documents on behalf of the Minister.

The Inspectorate's name in English is: Ministry of Transport Inspectorate, abbreviated as: MTI.

Article 2. Tasks and Powers of the Inspectorate

1. To take the lead or participate in drafting draft normative legal documents on inspection work; complaints and denunciations; anti-corruption; administrative violations and other normative legal documents related to the fields under the Ministry of Transport's state management.

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

3. To inspect and check compliance with specialized transport laws for agencies, organizations, and individuals nationwide; to impose administrative penalties according to the law.

4. To assist the Minister in organizing the implementation of anti-corruption work and serve as the standing office coordinating the implementation of anti-corruption activities of the Ministry; to assist the Minister in citizen reception, complaint, and denunciation resolution work as prescribed by law.

5. To summarize practical experiences, guide, and train inspection skills for inspectors, specialized staff engaged in inspection work, and inspection collaborators in agencies and organizations under the Ministry and local transport inspections.

6. To manage and direct inspection work, organization, and business operations of the Inspectorates of Departments under the Ministry of Transport (hereinafter referred to as the Inspectorates of Departments); to lead and coordinate with the Inspectorates of Departments to guide specialized inspection procedures for local transport inspections.

7. To recommend competent authorities to improve policies and laws on transport industry management; to recommend suspension of execution or revocation of unlawful decisions discovered through inspection and audit work.

8. To monitor, inspect, and urge the implementation of inspection conclusions, recommendations, and post-inspection handling decisions.

9. To cooperate with inspectors of other ministries, sectors, local authorities at all levels, and relevant agencies during the inspection process and in preventive, blocking, and combating illegal acts within the assigned duties and powers.

10. To compile and report results on inspection work, complaint and denunciation resolution; anti-corruption work within the responsibility scope of the Ministry of Transport.

11. To disseminate laws on inspection, auditing, administrative penalty enforcement; traffic safety and order.

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

13. To perform other tasks and powers as prescribed by law or assigned by the Minister of Transport.

Article 3. Tasks and authorities of the Inspector General of the Ministry.

1. Leading and directing inspection work within the scope of the Ministry of Transport's administrative management; directly managing and directing the Inspectorate Office to perform tasks and authorities as prescribed in this Decision and other laws.

2. Building inspection programs and plans to submit to the Minister of Transport for approval and organizing their implementation.

3. Submitting to the Minister of Transport for decision on inspections within his/her authority.

4. Deciding on inspections and establishing inspection teams to implement inspection decisions or assigning traffic inspectors under the inspection system to carry out inspection tasks.

5. Recommending the Minister of Transport to temporarily suspend the enforcement of inspection decisions that are contrary to the law made by agencies and organizations directly managed by the Ministry of Transport.

6. Deciding on administrative penalties and enforcing decisions on administrative penalties according to the law.

7. Inspecting, verifying, and issuing decisions to amend, supplement, or replace inspection handling decisions made by the Chief Inspector of the Department if there is evidence that such decisions violate the law or cause damage to state interests or the lawful rights and interests of citizens.

8. Recommending the Minister of Transport to consider responsibility and handle individuals who commit violations within the Minister’s management authority; coordinating with heads of agencies and organizations in considering responsibility and handling individuals who commit violations within their respective management authority.

9. Issuing conclusions on inspection contents based on reports from inspection teams when the Chief Inspector of the Ministry makes inspection decisions.

10. Performing other tasks and authorities as prescribed by law.

Article 4. Organizational structure of the Inspectorate of the Ministry

1. The Inspectorate of the Ministry may organize subordinate departments as follows:

a) General Department;

b) Inspection Department 1;

c) Inspection Department 2;

d) Inspection Department 3.

When deemed necessary, the Inspector General submits to the Minister for the establishment or dissolution of departments under the Inspectorate of the Ministry. The Inspector General defines the tasks, authorities, and working relationships of these departments.

2. The Inspectorate of the Ministry has an Inspector General, several Deputy Inspector Generals, Heads of Departments, Deputy Heads of Departments, and specialists appointed by the Minister within the total number of administrative staff allocated to the Ministry.

3. The Inspector General is appointed and relieved of duty by the Minister of Transport after consultation with the Chief Inspector General. Deputy Inspector Generals are appointed and relieved of duty by the Minister of Transport upon recommendation of the Inspector General.

4. The Minister delegates authority to the Deputy Minister - Head of the Ministry's Agency to appoint Heads of Departments and Deputy Heads of Departments upon recommendation of the Inspector General. Inspectors at all levels are appointed and relieved of duty according to the law.

Article 5. Principles of Operation

1. The Inspectorate of the Ministry operates in accordance with the law on inspection and the provisions of this Decision.

2. The Minister directs the activities of the Inspectorate of the Ministry mainly through the Inspector General. The Inspector General is responsible to the Minister for performing inspection functions and assigned tasks as prescribed by law.

3. The Inspector General leads and directs inspection work according to the departmental system. Deputy Inspector Generals assist the Inspector General, directly direct and perform certain tasks as assigned by the Inspector General, and are responsible to the Inspector General for those tasks. Heads of Departments organize the implementation of assigned tasks and are responsible to the Inspectorate leadership for those tasks.

4. Civil servants under the Inspectorate of the Ministry are directly managed and directed by the Inspector General, Heads of Departments, and are professionally guided by Deputy Inspector Generals, and are responsible to the Inspector General and Heads of Departments for assigned tasks. In cases where the Minister and Deputy Ministers work directly with Deputy Inspector Generals, Heads of Departments, Deputy Heads of Departments, Inspectors, and Specialists, then Deputy Inspector Generals, Heads of Departments, Deputy Heads of Departments, Inspectors, and Specialists have the responsibility to implement and report back to the Inspector General.

5. Inspection Teams and Inspectors in Teams perform tasks according to the Inspection Law and the Regulation on Team Operations issued by the Government Inspectorate.

6. The Inspectorate of the Ministry has the responsibility to coordinate with organizations assisting the Minister, and organizations inside and outside the sector to fulfill assigned tasks.

Article 6. Operating expenses

The Inspectorate of the Ministry shall be allocated operating funds; it may also allocate, establish, manage, and utilize other funds in accordance with the provisions of the law.

Article 7. Effectiveness and Responsibility for Implementation

1. This Decision shall take effect fifteen days from the date of publication in the Official Gazette; it revokes Decision No. 21/2004/QĐ-BGTVT dated November 2, 2004 of the Minister of Transport regarding the functions, tasks, powers, and organizational structure of the Inspectorate of the Ministry of Transport.

2. The Director of the Office, the Chief Inspector, the Heads of Departments, and the Heads of agencies and units under the Ministry shall be responsible for implementing this Decision./.