Decision No. 294/2003/QĐ-BGTVT Issuing Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Roadside Weighing Stations for Motor Vehicles

DECISION OF THE MINISTER OF TRANSPORT

Issuing Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Road Traffic Load Control Stations for Motor Vehicles
MINISTER OF TRANSPORTATION
Pursuant to the Civil Servants Law and Anti-Corruption Law dated February 26, 1998;

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Pursuant to the Government Decree No. 22/CP dated March 22, 1994 on the tasks, powers, responsibilities for state management and organizational structure of the Ministry of Transportation;

WHEREAS, the Road Traffic Law dated June 29, 2001;

Based on the proposal of the Director of the Legal Affairs Department, the Director of the Organization and Personnel Department - Labor, and the Director of the Vietnam Highway Administration,

Now hereby promulgates with this Decision the "Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Road Traffic Load Control Stations for Motor Vehicles."

The Chairmen of Provincial People's Committees under the Central Government, the Heads of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments under the Ministry, the Directors of the Vietnam Highway Administration, the Directors of Transport Departments (Transport and Public Works Departments) managing Road Traffic Load Control Stations for Motor Vehicles, and the Heads of related agencies and units shall be responsible for implementing this Decision.

 

DECISION:

Article 1. REGULATIONS

Article 2. This Decision shall take effect fifteen days from the date of signature.

Article 3. Responsibilities and forms of handling for organizations and individuals

when violating management and operation of

road traffic load control stations for motor vehicles

(Issued together with Decision No.: 294/2003/QĐ-BGTVT

dated January 28, 2003 of the Minister of Transportation)

Article 1. These regulations determine responsibilities and forms of handling when violating management and operation of Road Traffic Load Control Stations for Motor Vehicles (hereinafter referred to as Road Traffic Load Control Stations).

Article 2. These regulations apply to organizations and individuals managing and directly performing tasks at Road Traffic Load Control Stations under the transportation sector.

PART I

General Provisions

Article 1. Scope and Applicability

Article 2. The organizations and individuals specified in Clause 2 of Article 1 of these regulations include:

1. State administrative bodies

a) The Ministry of Transportation is the state administrative body for the organization and operation of Road Traffic Load Control Stations and the issuance of permits for overloaded vehicles, oversized vehicles beyond the limits of roads, and tracked vehicles causing damage to road surfaces;

b) The Vietnam Highway Administration is authorized by the Ministry of Transportation to perform state administrative tasks for the management and organization of operations of Road Traffic Load Control Stations;

c) The Traffic Inspection Board of the Vietnam Highway Administration assists the Director of the Vietnam Highway Administration in performing state administrative tasks for the organization of traffic inspection activities at Road Traffic Load Control Stations.

2. Direct management units of Road Traffic Load Control Stations

a) Highway Management Zones, where the Traffic Inspection Units of Highway Management Zones are units entrusted by the Vietnam Highway Administration to directly manage and organize operations of Road Traffic Load Control Stations on national highways under their jurisdiction.

b) Departments of Transportation (Departments of Transportation and Public Works), where the Traffic Inspection Units of Departments of Transportation (Departments of Transportation and Public Works) are responsible for managing and organizing operations of Road Traffic Load Control Stations according to the guidance and directives of the Vietnam Highway Administration on national highways entrusted to them by the Ministry of Transportation for management.

3. Units and individuals directly performing vehicle load inspection tasks

a) Traffic Inspection Teams and Road Traffic Load Control Stations.

b) Individuals directly performing tasks at Road Traffic Load Control Stations.

a) The Traffic Inspection Team and the Vehicle Weight Checking Station.

b) Individuals directly performing tasks at the Vehicle Weight Checking Station.

Article 3. The coordination responsibility of the People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial People's Committee) and relevant ministries and sectors.

a) Depending on the nature and specific requirements of each Vehicle Weight Control Station, the provincial People's Committee shall be responsible for coordinating with the Ministry of Transport to decide on the staffing of each station, including three forces: Traffic, Traffic Police, and Military Police.

b) The operation of the Vehicle Weight Control Station and the inspection and handling of violations must comply with current laws and guidelines issued by the joint Ministries of Transport, Public Security, and Defense.

Article 4. Organizations and individuals mentioned in Article 2 of this Regulation must comply with the provisions of legal normative documents on management and operation of vehicle weight control stations, other related legal norms, and the contents of this regulation.

Article 2. This Decision takes effect 15 days from the date of signature.

Chapter II Responsibilities of Organizations and Individuals Section A: Responsibilities of Organizations

Article 5. Responsibilities of the Ministry of Transport

1. To develop planning for Vehicle Weight Control Stations on the national road system to submit to the Government for consideration and decision.

2. To issue guiding documents to implement legal regulations on the organization and operation of Vehicle Weight Control Stations.

3. To take the lead and coordinate with the provincial People's Committees and relevant ministries and sectors to ensure that the operation of Vehicle Weight Control Stations complies with the law and is effective.

4. To inspect the implementation by the Vietnam Highway Administration and Provincial Departments of Transport (Public Works) authorized to manage Vehicle Weight Control Stations regarding their operations.

Article 6. Responsibilities of the Vietnam Highway Administration

1. To implement the planning for Vehicle Weight Control Stations on the national road system approved by the Government.

2. To guide the implementation of documents issued by the Ministry of Transport concerning the organization and operation of Vehicle Weight Control Stations.

3. To organize inspections of the operation of Vehicle Weight Control Stations according to regulations and handle violations within its authority.

Article 7. Responsibilities of Road Management Zones

1. To manage the operation of Vehicle Weight Control Stations under the Road Management Zones.

2. To organize the implementation of legal regulations and guiding documents of the Ministry of Transport and the Vietnam Highway Administration concerning the organization and operation of Vehicle Weight Control Stations.

3. To conduct periodic and spot checks on the operation of Vehicle Weight Control Stations to promptly identify errors and take measures to address them within its authority.

Article 8. Responsibilities of Provincial Departments of Transport (Public Works)

1. To manage the operation of Vehicle Weight Control Stations under the Provincial Departments of Transport (Public Works).

2. To organize the implementation of legal regulations and guiding documents of the Ministry of Transport and the Vietnam Highway Administration concerning the organization and operation of Vehicle Weight Control Stations.

3. To conduct periodic and spot checks on the operation of Vehicle Weight Control Stations to identify errors and take measures to address them within its authority.

Article 9. Responsibilities of Traffic Inspection Teams and Vehicle Weight Control Stations

1. To direct all activities of Vehicle Weight Control Stations in accordance with legal regulations, documents of the Ministry of Transport, Vietnam Highway Administration, Provincial Departments of Transport (Public Works), and Road Management Zones concerning the organization and operation of Vehicle Weight Control Stations.

2. To manage the infrastructure and personnel of Vehicle Weight Control Stations.

3. To proactively implement measures to prevent corruption at Vehicle Weight Control Stations. Section B: Responsibilities of Individuals

Article 10. Responsibilities of the Director of the Vietnam Highway Administration

The Director of the Vietnam Highway Administration shall be responsible to the Minister of Transport:

1. Managing state administration according to the authorization of the Minister of Transport in the field of organizing the operation of vehicle weight inspection stations on the national highway system as prescribed by law.

2. Organizing inspection work, detecting and promptly handling violations in management and vehicle weight inspection activities.

3. Handling violations of organizations and individuals related to management and operations at vehicle weight inspection stations within their authority.

Article 11. Responsibilities of the Head of Traffic Inspectorate under the Vietnam Highway Administration

The Head of Traffic Inspectorate under the Vietnam Highway Administration shall be responsible to the Director of the Vietnam Highway Administration:

1. Advising the Director to issue guidance documents on professional matters for vehicle weight inspection stations under the Vietnam Highway Administration.

2. Advising the Director on measures to prevent and address violations occurring at vehicle weight inspection stations.

3. Implementing inspection programs of the Vietnam Highway Administration and the Ministry of Transport regarding the activities of vehicle weight inspection stations.

4. Developing programs and organizing training and capacity building for staff, traffic inspectors, and workers working at vehicle weight inspection stations.

Article 12. Responsibilities of the General Director of the Road Management Zone

The General Director of the Road Management Zone shall be responsible to the Director of the Vietnam Highway Administration for the activities of vehicle weight inspection stations under the Road Management Zone:

1. Regularly organizing inspections, audits, and handling violations within their authority.

2. Taking timely measures to prevent negative manifestations concerning vehicle weight inspection stations under their jurisdiction.

Article 13. Responsibilities of the Head of Traffic Inspectorate of the Road Management Zone

1. Directly managing the activities of vehicle weight inspection stations under the Road Management Zone.

2. Advising the leadership of the Road Management Zone to guide and implement directives from the Ministry of Transport and the Vietnam Highway Administration concerning vehicle weight inspection stations.

3. Inspecting, detecting violations in the activities of vehicle weight inspection stations and taking timely measures to correct them to prevent recurrence.

Article 14. Responsibilities of the Director of the Department of Transport (Public Works Transport)

1. Managing the activities of assigned vehicle weight inspection stations.

2. Directing and organizing all activities of vehicle weight inspection stations in accordance with the law, directives of the Ministry of Transport, and professional guidance from the Vietnam Highway Administration.

3. Organizing inspections, proposing measures to prevent and promptly handle violations occurring at vehicle weight inspection stations managed by the Department.

Article 15. Responsibilities of the Head of Traffic Inspectorate of the Department of Transport (Public Works Transport)

1. Directly managing the activities of vehicle weight inspection stations.

2. Advising the leadership of the Department to resolve difficulties and issues encountered by vehicle weight inspection stations during the implementation of laws, directives of the Ministry of Transport, and professional guidance from the Vietnam Highway Administration.

3. Inspecting, detecting violations in the activities of vehicle weight inspection stations and taking timely measures to correct them to prevent recurrence.

Article 16. Responsibilities of the Head of the Road Transport Inspection Team with a Vehicle Weight Control Station:

1. Must regularly inspect to take measures to prevent corruption from occurring at the Station.

2. Shall be responsible before the Head of the Road Transport Inspectorate under the Highway Management Zone, the General Director of the Highway Management Zone, or the Head of the Road Transport Inspectorate under the Department of Transport (Public Works) for the Vehicle Weight Control Station managed by the Department regarding the operation of the Vehicle Weight Control Station in accordance with the law, guidelines of the Ministry of Transport, and the Vietnam Highway Administration.

Article 17. Responsibilities of the Head of the Vehicle Weight Control Station

The Head of the Vehicle Weight Control Station shall be responsible before the Head of the Road Transport Inspection Team with a vehicle weight control station, the Head of the Road Transport Inspectorate under the Highway Management Zone, the General Director of the Highway Management Zone, and the Head of the Road Transport Inspection Team with a vehicle weight control station, the Head of the Road Transport Inspectorate under the Department of Transport (Public Works), and the Director of the Department of Transport (Public Works) for the entire operation of the Vehicle Weight Control Station.

1. Directly manage and operate the activities of the vehicle weight control station.

2. Organize the implementation of the activities of the Vehicle Weight Control Station in accordance with the provisions of the law.

3. Regularly inspect, supervise, and handle within their authority violations by inspectors and staff; proactively implement measures to prevent potential corruption at the Vehicle Weight Control Station.

Article 18. Responsibilities of the Deputy Head of the Vehicle Weight Control Station

The Deputy Head of the Station shall be responsible before the Station Head and before the law for actions and decisions made in the tasks assigned by the Station Head.

Article 19. Responsibilities of the Shift Leader

The Shift Leader shall be responsible before the Deputy Station Head and the Station Head for the tasks assigned during the shift.

1. Manage the operation of the Vehicle Weight Control Station during the shift.

2. Urge officers, inspectors, and staff in the shift to fulfill their assigned tasks properly.

3. Monitor, inspect, and promptly report violations during the shift to the competent authority for handling.

Article 20. Responsibilities of the Traffic Inspector

The traffic inspector shall be responsible before the Shift Leader and the Station Head for:

1. Properly guiding vehicles to enter the scale for inspection; strictly prohibiting vehicles showing signs of violation from passing without being weighed.

2. Accurately weighing vehicles according to the prescribed procedures.

3. Drafting administrative violation records in accordance with regulations.

Article 21. Responsibilities of Computer Staff

Computer staff working in shifts for vehicle weight control inspections shall be responsible before the Shift Leader and the Station Head for:

1. Ensuring computers function normally when vehicles enter for weight inspection.

2. Timely and accurately updating vehicle weight data.

3. Being accountable for the results printed on the weight slip.

4. Retaining records in accordance with regulations.

Article 3. The Chairmen of the People's Committees of provinces and centrally governed cities, the Heads of the Office of the Ministry, the Heads of the Ministry's Inspectorate, the Heads of the Departments under the Ministry, the Directors of the Vietnam Highway Administration, and the Directors of the Departments of Transport (Public Works) managing motor vehicle weight control stations, and the Heads of related agencies and units shall be responsible for implementing this Decision.

Regulations on responsibilities and forms of handling organizations and individuals for violations in managing and operating the activities of motor vehicle weight control stations on roads (Annexed to Decision No. 294/2003/QĐ-BGTVT dated January 28, 2003 of the Minister of Transport).

Chapter III Violations and Forms of Handling Section A. Violations and Forms of Handling for Inspectors and Staff

Section C Forms of Handling Superiors of Units Responsible for Overweight Vehicle Control Due to Vicarious Liability

Article 26. For the Vietnam Highway Administration

1. The Director, Deputy Director shall be disciplined from criticism to reprimand, warning, demotion in rank or grade, or dismissal depending on the degree of violation.

2. The Head of Traffic Inspection, Deputy Head of Traffic Inspection shall be reprimanded, warned, demoted in rank or grade, or dismissed depending on the nature and degree of violation.

Article 27. For the Highway Management Zone

1. The General Director, Deputy General Director shall be disciplined from criticism to warning, demotion in rank or grade, or dismissal depending on the degree of violation.

2. The Head of Traffic Inspection, Deputy Head of Traffic Inspection, and the Team Leader of the Traffic Inspection Team with an Overweight Vehicle Check Station shall be reprimanded, warned, demoted in rank or grade, or dismissed depending on the nature and degree of violation.

Article 28. For the Department of Transport (Public Transport)

1. The Director, Deputy Director of the Department of Transport (Public Transport) shall be disciplined from criticism to warning, demotion in rank or grade, or dismissal depending on the degree of violation.

2. The Head of Traffic Inspection, Deputy Head of Traffic Inspection, and the Team Leader of the Traffic Inspection Team directly overseeing and directing the Overweight Vehicle Check Station shall be reprimanded, warned, demoted in rank or grade, or dismissed depending on the nature and degree of violation.

Section D Authority to Handle Violations

Article 29. Authority to Handle Violations

1. The Minister of Transport decides on disciplinary action against the Director, Deputy Director, and the Head of Road Traffic Inspection under the Highway Administration, and the General Director of the Highway Management Zone.

2. The Chairman of the People's Committee of the province or centrally governed city decides on disciplinary action against the Director, Deputy Director, and the Head of Traffic Inspection under the Department of Transport (Public Transport).

3. The Director of the Vietnam Highway Administration decides on disciplinary action against the Deputy General Director, the Head of Traffic Inspection of the Highway Management Zone. Revokes the Traffic Inspector Card for those issued by the Highway Administration and requests the Ministry of Transport to revoke the Traffic Inspector Card for those issued by the Ministry.

4. The Director of the Department of Transport (Public Transport) decides on disciplinary action against the Deputy Head of Traffic Inspection of the Department, the Team Leader of the Traffic Inspection Team, the Station Chief, Deputy Station Chief, and other positions at the Overweight Vehicle Check Station. Revokes the Traffic Inspector Card for those issued by the Department and requests the Ministry of Transport to revoke the Traffic Inspector Card for those issued by the Ministry.

5. The General Director of the Highway Management Zone

a) Decides on disciplinary action against the Deputy Head of Traffic Inspection of the Highway Management Zone, the Team Leader of the Traffic Inspection Team, and all positions at the Overweight Vehicle Check Station.

b) Recommends to relevant agencies (Military Inspection, Police, Department of Transport) to decide on disciplinary action when there is a violation by staff assigned to cooperate in activities at the Overweight Vehicle Check Station within the Highway Management Zone.

c) Requests the Vietnam Highway Administration to revoke the Traffic Inspector Card for those issued by the Vietnam Highway Administration.

The procedure for deciding on handling is carried out in accordance with current laws.

Article 22. Violations

1. Failing to comply with the work assignments of the shift leader or station leader for tasks within the scope of responsibility of traffic inspectors or staff;

2. Acting on tasks not assigned by the unit's leadership at the Station for Weighing Vehicle Loads without authorization;

3. Engaging in conduct that undermines internal unity and affects the reputation of the unit;

4. Showing a lack of sense of responsibility, failing to properly perform assigned duties, resulting in errors in professional operations during inspections, recording data, preparing reports, handling violations... but not to a serious extent affecting the unit;

5. Incorrectly determining or altering inspection data for personal gain;

6. Misusing authority to violate regulations and procedures, failing to direct vehicles for inspection;

7. Mediating with cargo owners, vehicle owners, drivers while on duty for personal gain;

8. Accepting bribes from cargo owners, vehicle owners, drivers in any form while on duty.

Article 23. Forms of sanctions for violations

1. Reprimand for violating any of the provisions in Clauses 1, 2, 3, 4, and 5 of Article 22 of this Regulation;

2. Warning for violating any of the following cases:

a) Violating Clause 6 of Article 22 of this Regulation;

b) Being reprimanded twice.

3. Demotion, reduction in pay grade, and transfer to another position for violating the provisions in Clause 7 of Article 22 of this Regulation;

4. Depending on the nature and severity of the violation, traffic inspectors and staff will be dismissed when:

a) Violating Clause 7 and any of Clauses 1 through 6 of Article 22 of this Regulation;

c) Violating the provisions in Clause 8 of Article 22 of this Regulation;

c) Being punished according to the decision of the court. Section B. Violations and Forms of Handling for Shift Leaders and Station Leaders

Article 24. Violations

1. Assigning traffic inspectors or staff to activities outside their responsibilities and duties when they have been disciplined with a reprimand or higher;

2. Failing to show a sense of responsibility in managing and supervising the activities of traffic inspectors or staff, leading to them being disciplined with a warning or higher;

3. Failing to fully perform the functions and duties of the Station for Weighing Vehicle Loads under management;

4. Directly resolving exemptions or reductions in administrative penalties for violators;

5. Organizing and directing the operation of the Station for Weighing Vehicle Loads outside designated areas contrary to current regulations;

6. Allowing the professional management system of the Station for Weighing Vehicle Loads to operate contrary to the regulations and procedures of the Ministry of Transport and Vietnam Highway Administration;

7. Failing to organize regular inspections and preventive measures to prevent violations at the Station for Weighing Vehicle Loads;

8. Using positions and powers to cause harassment, nuisance, and corruption;

9. Accepting or organizing the acceptance of bribes in any form while performing duties.

Article 25. Forms of Violation Handling

1. Reprimand for violating any of the provisions in Clauses 1, 2, and 3 of Article 24 of this Regulation;

2. Warning for violating any of the following cases:

a) Violating the provisions in Clauses 4, 5, 6, 7, and 8 of Article 24 of this Regulation;

b) Being reprimanded twice.

3. Demotion, reduction in pay grade, and transfer to another position for those who have been warned twice;

4. Depending on the nature and severity of the violation, shift leaders and station leaders will be dismissed when:

a) Violating Clause 9 of Article 24 of this Regulation;

b) Being punished according to the decision of the court

Chapter IV Implementation Organization

Article 30. The Director of the Vietnam Highway Administration, the Directors of the Department of Transport (Public Works), and the heads of related agencies and units shall be responsible for disseminating this Regulation to their subordinate units for implementation.

Article 31. The Director of the Vietnam Highway Administration, the Directors of the Department of Transport (Public Works) who manage vehicle weight inspection stations, the General Directors of Road Management Zones, and the heads of related units shall be responsible for inspecting and organizing the implementation of this regulation.

During the implementation process, if there are any difficulties, organizations and individuals shall promptly reflect them in writing to the Ministry of Transport for consideration and supplementation or amendment.