Decision No. 27/2008/QD-BGTVT stipulates the functions, tasks, powers, and organizational structure of the Vietnam Inland Waterways Administration.

Pursuant to …;

PROVISIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM INLAND WATERWAYS ADMINISTRATION

MINISTER OF TRANSPORT

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;
Considering the proposal of the Director of the Vietnam Inland Waterways Administration and the Department Head of the Cadre and Civil Servant Organization Department,

DECISION:

Article 1. Position and Functions

The Vietnam Inland Waterways Administration is an organization under the Ministry of Transport, performing the function of specialized state management over inland waterway transport within the entire country.

The Vietnam Inland Waterways Administration has legal personality, possesses a seal, receives funding from the state budget, is entitled to open accounts at the State Treasury, and has its headquarters located in Hanoi City.

The Vietnam Inland Waterways Administration has the English name: VIETNAM INLAND WATERWAYS ADMINISTRATION, abbreviated as VIWA.

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 plans, five-year plans, annual plans, national programs, projects, and development proposals concerning inland waterway transport.

2. Take the lead in drafting and submitting to the Minister of Transport draft laws, ordinances, and other regulatory legal documents concerning inland waterway transport; issue according to their authority specialized management documents concerning inland waterway transport.

3. Draft and submit to the Minister for issuance standards, technical regulations, and management regulations concerning inland waterway transport in accordance with the provisions of the law.

4. Guide, inspect, and supervise the implementation of regulatory legal documents, strategies, plans that have been approved; disseminate, popularize, and educate on laws concerning inland waterway transport.

5. Regarding the infrastructure of inland waterway transport:

a) Implement the planning and development plan for the system of infrastructure of inland waterway transport that has been approved by the Minister;

b) Submit to the Minister for decision-making on the classification of management and maintenance of infrastructure of inland waterway transport, organizing the management and maintenance of the national inland waterway transport system;

c) Implement the duties and powers of the investment decision-making agency or the project owner for investment construction projects of infrastructure of inland waterway transport decided by the Ministry or delegated;

d) Coordinate with local authorities and relevant agencies in protecting infrastructure and safe transportation corridors of inland waterway transport;

đ) Submit to the Minister for announcement of opening and closing of inland waterway ports, pilot reception areas for inland waterway ports receiving foreign watercraft, and announcement of opening and closing of inland waterway routes. Implement the announcement of inland waterway ports, issuance of permits for inland waterway port operations, and notification of inland waterway traffic lanes in accordance with the law;

e) Provide comments in writing on construction projects of national inland waterway transport infrastructure in accordance with the law;

g) Guide local specialized agencies in managing and maintaining local inland waterway transport systems. Summarize the situation of development, management, and maintenance of the national inland waterway transport system.

6. Regarding inland waterway vessels:

a) Submit to the Minister for regulations on registration and management of types of inland waterway vessels;

b) Guide the implementation of vessel registration and management (excluding vessels and equipment serving security and defense purposes and fishing boats);

7. Regarding training, examination, certification, and issuance of professional certificates for crew members and drivers of inland waterway vessels in inland waterway transport (excluding those operating vessels and equipment for security and defense purposes and fishing boats):

a) Submit to the Minister for regulations on professional and vocational conditions and standards for crew members and drivers of inland waterway vessels and operators of specialized vessels and equipment in inland waterway transport;

b) Submit to the Minister for regulations on the content of professional and vocational training programs for crew members and drivers of inland waterway vessels and operators of specialized vessels and equipment in inland waterway transport; regulations on examination, issuance, and management of professional certificates for crew members and drivers of inland waterway vessels;

c) Submit to the Minister for regulations on conditions and standards for establishing and operating examination centers for crew members; regulations on conditions and standards for training institutions for crew members, drivers, and operators of specialized vessels and equipment in inland waterway transport;

d) Draft and submit to the Minister for decision on minimum staffing levels and responsibilities of positions for crew members on inland waterway vessels.

8. Regarding inland waterway transport activities:

a) Draft and submit to the Minister for issuance of mechanisms and policies for developing transport, supporting services for inland waterway transport, and regulations on cargo and passenger transport by inland waterway;

b) Draft and submit to the Minister for regulations on the announcement of passenger transport routes and implementation thereof according to the division of labor by the Minister;

c) Guide the implementation of multimodal transport regulations in the field of inland waterway transport;

d) Participate in formulating price frameworks or tariffs for exclusive services and those subsidized by the state or entrusted to enterprises;

đ) Implement state management regulations at inland waterway ports and wharfs under their jurisdiction in accordance with the law;

e) Organize statistics, research, and forecasting of the inland waterway transport market, the development of cargo flows, passenger volumes, and inland waterway transport routes throughout the country.

9. Regarding inland waterway transport safety:

a) Implement safety assurance projects for inland waterway transport nationwide after approval by competent authorities; guide and inspect the implementation of safety measures for inland waterway transport within the scope of the Bureau's functions and tasks.

b) Organize the work of preventing, combating typhoons, floods, and coordinating search and rescue operations in inland waterway transportation according to the division of labor by the Minister.

10. Regarding environmental protection in inland waterway transportation activities:

a) Participate in reviewing environmental impact assessment reports for investment projects in constructing infrastructure and industrial production facilities in inland waterways according to the division of labor by the Minister and the provisions of the law.

b) Coordinate with central and local functional agencies to guide and inspect the implementation of laws on environmental protection and other relevant legal regulations concerning the construction of infrastructure in inland waterways within the management scope of the Bureau.

11. Implement international cooperation, treaties, and international agreements that Vietnam is a member of in the field of inland waterway transportation.

12. Organize the implementation of scientific research plans, development, and technology transfer in the field of inland waterway transportation; implement programs and projects applying information technology, building databases, ensuring information services for state management and meeting the needs of organizations and individuals participating in inland waterway transportation activities.

13. Develop and implement the administrative reform program of the Bureau according to the objectives and content of the national administrative reform program of the Ministry; submit to the Minister for decision on the delegation of tasks in state management of inland waterway transportation.

14. Conduct inspections, handle complaints and denunciations, prevent corruption and wastefulness, and enforce legal violations in inland waterway transportation within the Bureau's authority.

15. Develop and submit to the Minister for decision the organizational structure, civil servant composition, and staffing of the Bureau; manage the operation of the organizational apparatus, use approved staffing according to regulations; implement salary systems and incentive policies, rewards, and disciplinary measures for cadres, civil servants, officials, and employees under the Bureau's management; organize training and capacity building for cadres, civil servants, officials, and employees according to legal regulations.

16. Manage finances and assets assigned and organize the implementation of the budget allocated according to legal regulations; organize the collection of fees and charges according to legal regulations.

17. Develop unit prices for public goods and services in the field of inland waterways and submit them to the Ministry of Transport; organize bidding, ordering, and planning the implementation of public goods and services in the field of inland waterways according to legal regulations.

18. Relate with provincial People's Committees, central state management agencies, and coordinate with subordinate Bureaus under the Ministry to perform functions, tasks, and authorities assigned according to legal regulations and the delegation of the Minister.

19. Perform other tasks as prescribed by law and assigned by the Minister.

Article 3. Organizational Structure of the Bureau

1. Organizations assisting the Director of the Bureau

a) Planning and Investment Department;

b) Financial Department;

c) Infrastructure Management Department;

d) Legal, Transportation, and Traffic Safety Department;

đ) Science and Technology, International Cooperation, and Environment Department;

e) Organization and Cadre Department;

g) Vessel and Crew Management Department;

h) Domestic Project Management Department;

i) Foreign Project Management Department;

k) Inspectorate;

l) Office.

2. Branches of Inland Waterway Transport of Vietnam

The Inland Waterway Transport Bureau of Vietnam has the Northern Branch of Inland Waterway Transport (located in Haiphong City) and the Southern Branch of Inland Waterway Transport (located in Ho Chi Minh City). When necessary, the Minister of Transport decides to establish branches of inland waterway transport in other provinces and centrally-administered cities based on the proposal of the Inland Waterway Transport Bureau of Vietnam.

3. Port Authorities of Inland Waterway Transport.

4. Affiliated Public Service Organizations:

a) Inland Waterway Transport College I;

b) Inland Waterway Transport College II;

c) Inland Waterway Transport Vocational College;

d) Sailing Magazine;

đ) Units managing inland waterways.

Article 4. Leadership of the Department

1. The Director of the Inland Waterway Transport Bureau of Vietnam is the head responsible before the Minister of Transport and the law for all activities of the Inland Waterway Transport Bureau of Vietnam; assisting the Director are Deputy Directors who are responsible before the Director and the law for the tasks assigned by the Director.

2. The Director of the Inland Waterway Transport Bureau of Vietnam is appointed and relieved from duty by the Minister of Transport.

3. Deputy Directors of the Inland Waterway Transport Bureau of Vietnam are appointed and relieved from duty by the Minister of Transport upon the recommendation of the Director of the Inland Waterway Transport Bureau of Vietnam.

Article 5. Effectiveness and Responsibility for Implementation

1. This Decision takes effect fifteen days after its publication in the Official Gazette; it abolishes Decision No. 2569/2003/QĐ-BGTVT dated August 29, 2003, of the Minister of Transport regarding the functions, tasks, powers, and organizational structure of the Vietnam Riverway Bureau and any previous legal provisions contrary to this Decision.

2. The Heads of the Office, Inspectorate, Departments, Directors of the Inland Waterway Transport Bureau of Vietnam, and Heads of agencies and units under the Ministry are responsible for implementing this Decision./.