翻译关于越南海事局职能、任务、权力和组织结构的决定。

Pursuant to …;

Regulations on the functions, tasks, powers, and organizational structure of the Vietnam Maritime Administration under the Ministry of Transport

___________________

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007, issued by 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;

Considering the proposal of the Minister of Transport,

DECISION:

Article 1. Position and Functions

1. The Vietnam Maritime Administration is an agency under the Ministry of Transport, performing the function of advising and assisting the Minister of Transport in managing state affairs in the maritime sector and implementing state management over maritime affairs throughout the country.

2. The Vietnam Maritime Administration has legal personality, uses a seal with the National Emblem, receives funding from the state budget, opens accounts at the State Treasury, and has its main office in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Take the lead in drafting and submitting to the Minister of Transport strategies, plans, long-term programs, annual plans, national projects, and development programs within the maritime sector throughout the country.

2. Take the lead in drafting and submitting to the Minister of Transport draft laws, ordinances, and legal regulatory documents concerning maritime affairs.

3. Take the lead in drafting national standards, national technical regulations, and economic-technical norms specific to the maritime sector, submit them to the Minister of Transport for issuance within his authority or for the Minister to submit them to competent authorities for approval and publication; organize the establishment and review of basic standards specific to the maritime sector.

4. Implement legal regulatory documents, strategies, plans, standards, technical regulations, procedures, norms, and economic-technical norms specific to the maritime sector issued, published, or approved by competent authorities; specify the application of certain standards, technical procedures, and operations for organizations and units operating in the maritime field in accordance with maritime laws and the management and operational authority of the Administration.

5. Organize the dissemination, popularization, and education of maritime laws.

6. Regarding port management, maritime routes, areas for anchoring ships, and planning construction and new shipbuilding facilities:

a) Organize the management of maritime activities at ports.

b) Supervise the implementation of port construction plans, maritime route plans, anchorage areas, repair and new shipbuilding facilities in accordance with approved plans and ensuring maritime safety.

c) Manage infrastructure at assigned ports and maritime routes; organize bidding for the lease and operation of assigned wharves and piers according to the law.

d) Submit to the Minister of Transport for the announcement of the opening and closing of ports, maritime waters, and maritime route areas and the jurisdictional area of the maritime traffic control office.

đ) Decide on the commissioning of wharves, piers, and cargo transfer areas according to the law.

7. Regarding ship management, seafarers, pilots, and other maritime human resources:

a) Draft and submit to the Minister of Transport for promulgation or for the Minister to submit to the Government for promulgation regulations on ship registration, ship purchase and sale management, seafarer positions and standards, and crew complements of Vietnamese ships.

b) Organize ship and seafarer registration according to the law.

c) Carry out the issuance, revocation of professional certificates, seafarer passports, seafarer logs, and other documents related to maritime activities according to the law.

d) Organize training and instruction for seafarers, pilots, port security officers, and other maritime human resources according to Vietnamese law and relevant international treaties that Vietnam has signed or acceded to.

8. Regarding marine transport and maritime services:

a) Draft and submit to the Minister of Transport draft legal regulatory documents on the development of marine transport, supporting marine transport services, and conditions for operating marine transport services.

b) Guide the implementation of legal provisions on marine transport and maritime services.

c) Organize statistical research, forecasting of maritime development, and evaluation of maritime service quality.

9. Regarding maritime safety, maritime security, and environmental pollution prevention:

a) Draft and submit to the Minister of Transport draft legal regulatory documents on maritime safety and maritime security; participate in drafting legal regulatory documents on environmental pollution prevention in the maritime sector.

b) Organize the implementation of maritime safety and security for vessels operating at ports, maritime routes, and Vietnamese territorial waters according to the law.

c) Organize reporting, investigation, and handling of maritime accidents and violations of maritime safety and security according to the law and relevant international treaties that Vietnam has signed or acceded to.

d) Coordinate with functional agencies in preventing environmental pollution at ports and maritime routes.

đ) Serve as the focal point for participation in the National Committee for Search and Rescue; organize coordination for search and rescue operations at sea according to the law.

e) Manage maritime information systems, maritime signaling systems, and other maritime support systems; organize the provision of materials and information to ensure maritime safety and security according to the law.

g) Organize the approval of Vietnam's port security plans according to the law and relevant international treaties that Vietnam has signed or acceded to.

h) Organize the receipt and transmission of maritime security information according to the law.

10. Regarding project investment and construction management:

Perform the duties and powers of the investment decision-making body and the project owner for projects under their management according to the classification level; draft and submit to the Minister of Transport for promulgation or for the Minister to submit to competent authorities for promulgation regulations on investment in construction, management of port operations, maritime routes, and maritime activities at Vietnamese ports.

11. Participate in resolving disputes and complaints regarding maritime affairs; organize the confirmation of maritime protest submissions according to the law.

12. To establish and submit to the Minister of Transport for approval programs and plans for international cooperation in maritime affairs or to propose the signing or accession to international treaties on maritime affairs for the Minister to submit to competent authorities for approval; to take the lead in drafting international agreements on maritime affairs and submitting them to the Minister of Transport; to participate in negotiations to submit to competent authorities for signing and accession to international treaties and organizations on maritime affairs; to organize the implementation of international treaties, international agreements, and international cooperation in maritime affairs according to the分级管理权限; to be the point of contact with international maritime organizations.

13. To organize scientific research, development, application, and transfer of technology in the field of maritime affairs; to build and implement programs and projects applying information technology; to build databases and information services serving management and exploitation in the field of maritime affairs.

14. To guide and facilitate associations and non-governmental organizations to participate in activities in the field of maritime affairs.

15. To inspect and supervise the implementation of laws and regulations on maritime affairs by agencies, organizations, and individuals nationwide; to inspect, handle complaints and denunciations, prevent corruption and waste, and deal with violations of law by organizations and individuals under the management authority of the Bureau.

16. To build and implement the Bureau's administrative reform program according to the goals and content of the Ministry of Transport's state administrative reform program.

17. To manage the organizational structure, cadres, civil servants, officials, employees, and use the staffing approved according to regulations; to implement salary systems and other policies, rewards, disciplinary measures, training, and compensation for professional and vocational expertise for cadres, civil servants, officials, and employees under the management authority of the Bureau.

18. The Vietnam Maritime Administration may use funds from the state budget, fees, charges, and other sources to carry out assigned tasks and manage financial resources and assets according to legal provisions.

19. To take the lead in proposing the establishment of specialized maritime fees, charge rates, unit prices for products and public service goods in the maritime sector as prescribed by the state for submission to competent authorities for decision according to legal provisions.

20. To conduct bidding, ordering, or assigning production and supply plans for public service products and services in the maritime sector according to legal provisions.

21. To directly engage with relevant state agencies to perform functions, duties, and powers assigned according to legal provisions.

22. To perform other tasks and powers assigned by the Minister of Transport and according to legal provisions.

Article 3. Organizational Structure

1. Organizations assisting the Director of the Bureau:

a) Planning and Finance Department;

b) Maritime Safety and Security Department;

c) Port Infrastructure Management Department;

d) Marine Engineering Department;

e) Ship Registration and Seafarer Department;

f) Maritime Transport and Services Department;

g) Science, Technology, and Environment Department;

h) Legal Affairs Department;

i) International Cooperation Department;

j) Cadre and Civil Servant Organization Department;

k) Marine Inspection Department;

l) Permanent Office of the Vietnam Maritime IMO Council Secretariat;

m) Office.

2. Marine Districts:

a) Marine District at Haiphong City;

b) Marine District at Ho Chi Minh City.

3. Port Authorities: The Minister of Transport decides to establish, reorganize, or dissolve Port Authorities according to the proposal of the Director of the Vietnam Maritime Administration.

4. Affiliated Public Service Units:

a) Joint Rescue Coordination Center;

b) Maritime Security Information Center;

c) Vietnam Maritime College 1;

d) Ho Chi Minh City Maritime Vocational College;

e) Vietnam Maritime Journal.

Article 4. Leadership

1. The Vietnam Maritime Administration has a Director and not more than three Deputy Directors.

2. The Director of the Vietnam Maritime Administration is appointed and relieved of duty by the Minister of Transport according to legal provisions. Deputy Directors are appointed and relieved of duty by the Minister of Transport according to the proposal of the Director of the Vietnam Maritime Administration and according to legal provisions.

3. The Director of the Vietnam Maritime Administration is responsible before the Minister of Transport and the law for all activities of the Vietnam Maritime Administration. Deputy Directors are responsible before the Director and the law for the tasks assigned by the Director.

4. The Director of the Vietnam Maritime Administration stipulates the functions, duties, powers, and organizational structure of affiliated organizations.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect from April 6, 2009.

2. Abolish Decision No. 269/2003/QĐ-TTg dated December 22, 2003.

3. The Minister of Transport, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government, and the Director of the Vietnam Maritime Administration are responsible for implementing this Decision./.