Directive No. 308/PC on the organization and implementation of the Government Decree on ensuring traffic order and safety for railway and inland waterway transport.

DIRECTIVE

REGARDING THE ORGANIZATION AND IMPLEMENTATION OF THE GOVERNMENT DECREE ON ENSURING ORDER AND SAFETY IN RAILWAY AND INLAND WATERWAY TRANSPORT

After more than one year of implementing Decree No. 36/CP dated May 29, 1995 of the Government on ensuring order and safety in road transport and urban traffic, we have managed to control the increase in road traffic accidents, with significant improvements in the situation of order and safety in road transport and urban areas. With the policy of restoring order and discipline in traffic safety in general, on July 5, 1996, the Government issued Decree No. 39/CP on ensuring order and safety in railway transport and Decree No. 40/CP on ensuring order and safety in inland waterway transport. To effectively implement these two Decrees and Directive No. 454/TTg dated July 5, 1996 of the Prime Minister, the Minister of Transport instructs units to carry out the following tasks:

1. In conjunction with organizing the implementation of Decrees No. 39/CP and 40/CP, efforts must be further intensified to implement Decree No. 36/CP, building on achieved results, seeking appropriate measures and agencies to ensure stable and solid results, and gradually improving the effectiveness of the implementation of Decree No. 36/CP.

2. All units, based on the "Committee for Implementing the Government's Decree on Traffic Order and Safety," shall establish a "Traffic Safety Committee." This committee at the local level shall have the Department of Transport and the Police as permanent members. The decision to establish these committees must be sent to the Ministry before September 1, 1996.

3. The Legal Affairs Division shall take the lead, coordinating with the Vietnam Inland Waterways Administration, the Vietnam Railway Association, units within the Ministry, relevant Ministries, and sectors to develop sub-decrees under Decrees No. 39/CP and 40/CP, ensuring that this system of documents is issued relatively fully, comprehensively, and of high quality before the Decrees come into effect.

4. Traffic Safety Committees from central to local levels must carefully and meticulously develop plans to organize and implement Decrees No. 39/CP and 40/CP, divided into several stages with specific goals, ensuring steady progress. To guide appropriately according to the characteristics of railways and inland waterways, when developing plans, the committees must identify areas with complex traffic order and safety situations to focus on directing efforts to create positive changes there, serving as a foundation for good implementation throughout the region and nationwide.

Nationwide, for inland waterways, the key regions to direct are as follows:

Northern Region: Quang Ninh, Nam Ha, Haiphong City; the issue to focus on solving: unauthorized wharf establishment, disorderly traffic order and safety.

Southern Region: Minh Hai, An Giang, Ho Chi Minh City; the issue to focus on solving: encroachment on waterways, protection zones, illegal fishing stakes, and unauthorized markets on rivers and canals, especially in bridge protection zones (coordinating with the implementation of Decree No. 36/CP).

For railways: the key cities to address are Hanoi, Haiphong, Da Nang, and Ho Chi Minh City; the focus is on clearing encroachments on railway protection zones and reorganizing railway crossings.

5. Before September 1, 1996, units within their management scope must organize training for staff on the basic contents of the Decrees, and those directly involved in implementing the Decrees must sign commitments to comply with them.

6. In organizing the clearance of encroachments on railway and waterway protection zones, attention should be paid to the following issues:

- Prior to clearance, investigations must be conducted and a phased clearance plan developed, which must be publicly announced. In key areas, close cooperation with local People's Committees and police forces is required to thoroughly clear encroachments during the initial days of action. Special emphasis should be placed on mobilizing the public to voluntarily dismantle violations.

- After clearance, embankments must be constructed for inland waterways, and fences for railways. Simultaneously, boundary markers for protection zones must be set up, prioritizing densely populated areas, then gradually expanding to cover all areas.

- Measures to prevent re-encroachment must be implemented, with units maintaining close relations with local People's Committees, particularly at the ward and commune levels, in the clearance of encroachments and prevention of re-encroachment. For railways, railway management enterprise directors, in addition to regularly reporting and seeking guidance from local People's Committees, must closely coordinate with local Transport Departments to jointly advise the People's Committees on ensuring railway traffic order and safety.

7. Under current conditions, units must attach importance to and actively participate in the dissemination, education, and promotion of the implementation of the Decrees on ensuring traffic order and safety, cooperating with local People's Committees and community police to mobilize the public to commit to implementing Decrees No. 39/CP and 40/CP well.

To create momentum for the implementation of Decrees No. 39/CP and 40/CP, a nationwide simultaneous launch day must be organized, mobilizing all forces to participate enthusiastically and through various forms. The date of the simultaneous launch will be uniformly announced nationwide.

The work of promoting, disseminating, and educating about the implementation of Decrees No. 39/CP and 40/CP must be carried out continuously and persistently through mass media. For inland waterways, special attention should be given to radio broadcasts through the Voice of Vietnam and local radio stations, while for railways, the role of station and train broadcasting systems should be enhanced, and the distribution of newspapers and leaflets on trains should be increased.

8. The Vietnam Vehicle Inspection Agency, the Vietnam Inland Waterways Administration, and the Departments of Transport shall closely cooperate with police forces, People's Committees at all levels, and relevant units to develop comprehensive inspection plans for inland waterway vessels, which must be completed by December 15, 1996. Inspections should focus on key areas where there is a high concentration of vessels and frequent accidents.

During the inspection process, appropriate measures must be taken to address violations, initially focusing on education to provide violators with opportunities to rectify their actions, followed by strict penalties according to the law.

When conducting inspections, issues related to registration, inspection, licenses, certificates of vessel operators, and other legal provisions must be addressed simultaneously.

9. The Vietnam Vehicle Inspection Agency and the Departments of Transport shall properly organize the transfer and inspection of fishing vessels from the Fisheries Department, ensuring that the transfer is completed by September 1, 1996.

The Vietnam Vehicle Inspection Agency must immediately study the organization of stringent technical inspections for inland waterway vessels, applying advanced technologies and modern management methods. The Ministry will approve this plan in September 1996.

10. The Cadre and Labor Organization Division shall coordinate with the Vietnam Inland Waterways Administration and the Legal Affairs Division to review all regulations concerning training, issuance of licenses and certificates, curricula, and training procedures for inland waterway transport and railways, making timely amendments and supplements if necessary.

11. Under their respective conditions, units shall facilitate the establishment of fine collection stations by the State Treasury.

12. At each month and stage of implementation, units must organize interim reviews and summaries to draw lessons and identify appropriate measures to gradually enhance the effectiveness of the Decrees on traffic order and safety.

Units must regularly report any difficulties and obstacles to the Ministry's Traffic Safety Steering Committee for prompt resolution.

The direct phone number of the Ministry's Traffic Safety Steering Committee is 04.8220401, fax number: 04.8.267291.

The above are some immediate tasks to effectively implement Decrees 39/CP and 40/CP, and units must fully concentrate on their execution.