Circular No. 31/2012/TT-BGTVT stipulates responsibilities and handling of violations in the management and maintenance of road traffic infrastructure.

✦ 智能摘要

Circular No. 31/2012/TT-BGTVT stipulates responsibilities and handling of violations in the management and maintenance of road traffic infrastructure within the national highway system. This Circular applies to organizations and individuals related to this activity and specifies their rights and obligations.

适用范围

Ministry of Transport, Construction Management and Quality Control Department of Transport Works, Vietnam Highway Administration, Road Management Zones, Departments of Transport, project management units, project enterprises, contractors, and relevant individuals.

要点

The Ministry of Transport is responsible before the Government for state management in the work of managing and maintaining road traffic infrastructure.
The Construction Management and Quality Control Department of Transport Works takes the lead in inspecting and handling violations concerning ensuring traffic safety for ongoing construction projects on operational roads.
The Vietnam Highway Administration is responsible before the Ministry of Transport for organizing the implementation of the work of managing and maintaining road traffic infrastructure within the national highway system.
Units managing ferry clusters, ferry terminals (floating bridges) must ensure that lifesaving equipment and river-crossing means are always in a condition meeting technical standards.
Violations in the management and maintenance of roads will be handled according to the provisions of Government Decree No. 34/2011/NĐ-CP.

🌐 本文件的社会影响

Positive impact: Enhancing the effectiveness of management and maintenance of road traffic infrastructure, ensuring traffic safety.
Negative impact: May cause high costs for businesses in complying with management and maintenance regulations.
Beneficiaries: Citizens and businesses operating on road routes.

❓ 常见问题

Which organizations are responsible for managing and maintaining road traffic infrastructure?

The Ministry of Transport, Construction Management and Quality Control Department of Transport Works, Vietnam Highway Administration, Road Management Zones, Departments of Transport, project management units, project enterprises, and contractors all have responsibilities in managing and maintaining road traffic infrastructure.

How will violations in the management and maintenance of roads be penalized?

Violations will be handled according to the provisions of Government Decree No. 34/2011/NĐ-CP regarding disciplinary measures for civil servants; Government Decree No. 41/CP detailing and guiding the implementation of certain articles of the Labor Code concerning labor discipline and material responsibility, and other amended and supplemented decrees.

Which individuals are responsible for managing and maintaining roads?

The Director of the Construction Management and Quality Control Department of Transport Works; the Director General of the Vietnam Highway Administration; the Director of the Department of Transport; the General Director of Road Management Zones; the Ferry Terminal (Floating Bridge) Manager all have responsibilities in managing and maintaining roads.

Contractors working on operational roads must comply with which regulations?

Contractors must establish traffic safety and environmental protection files, implement traffic safety and environmental protection measures before construction. Throughout the construction process, they must strictly follow agreed plans and measures and not damage existing road works.

Who decides on the handling of violations?

The Minister of Transport decides on the handling of violations against the Director and Deputy Director of the Construction Management and Quality Control Department of Transport Works; the Director General and Deputy Director General of the Vietnam Highway Administration. The Chairman of the People's Committee of provinces and centrally governed cities decides on the handling of violations against the Director of the Department of Transport. Other positions will be handled according to the authority of each agency.

全文

CIRCULAR

Regulations on responsibilities and handling of violations in the management and maintenance of road traffic infrastructure

__________________________________________

On the basis of Decree No. 86/2012/NĐ-CP dated October 19, 2012, issued by the Government detailing and guiding implementation of certain provisions of the Metrology Law;

Pursuant to the Law Amending and Supplementing Certain Provisions of Laws Related to Investment in Construction Projects dated June 19, 2009;

Based on the Construction Law dated November 26, 2003, and the Law Amending and Supplementing Certain Provisions Related to Investment in Infrastructure Construction dated June 29, 2009;

Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Based on the Civil Servant Law dated November 29, 2010;

On the basis of Pursuant to the Law on Public Servants dated November 15, 2010; động dated July 5, 1994;

On the basis of APPLICATION 54/2017/ND-CP 11Decision No. 249/2025/NĐ-CP dated February 24, 2010 of the Government on management and protection of road traffic infrastructure;

Pursuant to the Government Decree number Decision No. 114/2010/NĐof the Ministry of Planning December 6, 2010 on maintenance of construction works;

On the basis of Decision No. 27/2012/NĐ-CP dated April 6, 2012 of the Government on disciplinary measures Law civil servants and compensation and restitution responsibilities of civil servants;

BASED ON THE DECREE NUMBER 05/2022/ND-CP dated January 7, 2022 amending and supplementing certain provisions of the Decree Number 53/2019/ND-CP dated June 17, 2019 of the Government; a) Providing testimonies and expert opinions for the case for which they have been summoned; Decision No. 41/CP dated July 6, 1995 of the Government detailing and guiding implementation of certain provisions of the Labor Code regarding labor discipline and material responsibility and Decision No. 33/2003/NĐ-CP dated February 4, 2003 of the Government supplementing certain provisions of Decision No. 41/CP dated July 6, 1995 of the Government detailing and guiding implementation of certain provisions of the Labor Code regarding labor discipline and material responsibility; Based on Decision No. 34/2010/NĐ-CP dated April 2, 2010 of the Government on administrative penalties in the field of road traffic;

Based on Decision No. 66/2011/NĐ-CP dated August 1, 2011 of the Government on the application

Civil Servants for leadership and management positions in state-owned joint stock companies and individuals appointed as representatives of state capital in enterprises with state participation; Law At the proposal of the Director of the Department of Road Traffic Infrastructure and the General Director of the Vietnam Highway Administration,

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;

The Minister of Transport issues this Circular regulating responsibilities and handling of violations in the management and maintenance of road traffic infrastructure.

Scope and applicability

PART I

GENERAL PROVISIONS

This Circular stipulates detailed regulations on pharmaceutical business, including: 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. 1. This Circular regulates responsibilities and handling of violations for organizations and individuals in the management and maintenance of road traffic infrastructure on the national highway system.

2. Regulations on responsibilities and handling of violations in the management and maintenance of road traffic

infrastructure on the local road system (provincial roads, urban roads, district roads, commune roads), special-purpose roads, the Chairperson of the People's Committee at the provincial level, organizations, and individuals with special-purpose roads shall base this Circular to specify concretely as appropriate. road Article 2. Organizations and individuals related to the management and maintenance of road traffic infrastructure

on the national highway system TO 1. The organizations

specified in Clause 1 of Article 1 of this Circular include: Sports. a) Ministry of Transport, Construction Management and Quality Control Bureau, Vietnam Highway Administration,

Management Units, Provincial Transport Departments (entrusted national highways); Railway b) Project management units;

c) Units implementing management and maintenance of roads; the d) Management units

ferry clusters;

e) Contractors, investors, project enterprises; f) Other organizations involved 2. The individuals specified in

Clause 1 of Article 1 of this Circular include:

a) Director of the Construction Management and Quality Control Bureau; Director of the Vietnam Highway Administration; General Director of the Highway Management Zone; Director of the Provincial Transport Department; Director of the ferry cluster, Harbor Master of the ferry terminal (floating bridge); Heads joint authority.

of units assigned plans for management and maintenance of roads; Clause b) Individuals

1. A project management unit is a project management board representing the investor; an organization authorized, delegated, or awarded the contract to manage the project; a project management consultant contracted by the investor to manage the project. 2. Provincial People's Committees and centrally administered city people's committees shall be responsible for: 2. A unit implementing management and maintenance of roads is an organization or individual receiving orders, plans, or winning contracts for management and maintenance of roads.

3. Investors and project enterprises are investors and project enterprises under the Project Contract (BOT, BTO, and other investment forms as prescribed by laws on investment). of each type of aircraft of the Vietnam Coast Guard The review document file shall be stored in accordance with the laws on archiving.

Article 3. Explanation of terms suitable 1. Foreign motor vehicle means vehicles:

In this Circular, the following terms are understood as follows:

1. The project management unit is the project management board representing the investor; organizations that have been delegated, authorized, or won the bid to manage the project; project management consultants contracted by the investor to manage the project.

2. The entities responsible for managing and maintaining national roads are organizations or individuals who have received orders, plans, or won bids for managing and maintaining national roads.

3. Investors and project enterprises are investors and project enterprises under the Project Contract (BOT, BTO contracts, and other investment forms as prescribed by laws on investment).

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

Section 1

1. To perform the functions, tasks, and powers of the specialized civil aviation administration agency and the Civil Aviation Authority according to the laws on air cargo transportation.

Article 4. Responsibility NATIONAL Issued by the Ministry of Transport

to bear responsibility before the Government for performing state management of road traffic infrastructure construction and maintenance work. company, The responsibilities of the Construction Management and Quality Control Bureau for ongoing road construction projects

Article 5. Responsibilities NATIONAL 1. To take the lead in inspecting and handling violations of regulations on ensuring traffic safety during the construction process for project management units, investors, project enterprises, and contractors in implementing investment and construction projects where the Ministry of Transport is the main investor or a competent state agency.

2. To coordinate with the Vietnam Highway Administration

when requested in the inspection and handling of violations related to ensuring traffic safety and environmental protection during the construction process on operational roads outside the scope defined in Clause 1 of this Article. Article 6. Responsibilities of the Vietnam Highway Administration to bear responsibility before the Ministry

of Transport for organizing the implementation of management and maintenance work of road traffic infrastructure within the national highway system.

Article 7. Responsibilities of Road Management Zones, Provincial Departments of Transport Ministry of Transport issues this Circular regulating 1. To bear responsibility before the Vietnam Highway Administration for organizing the implementation of management and maintenance work of road traffic infrastructure within the assigned scope.

2. To establish product and public service pricing in management and maintenance of roads, submit them to the Vietnam Highway Administration; organize bidding, sign management and maintenance contracts for roads for winning bidders, place orders or assign plans and tasks according to分级任务，继续翻译剩余部分：

of road infrastructure in the assigned scope. enterprises, 3. To prepare annual management and maintenance plans for road infrastructure and submit them to the Vietnam Highway Administration.

4. To guide, inspect, urge units to implement road management and maintenance work in accordance with current regulations. person 5. To coordinate with local functional agencies to perform tasks related to managing and protecting road infrastructure according to the management hierarchy.

6. To inspect, audit, and handle according to authority matters concerning the implementation of road management and maintenance, traffic assurance work of contractors working on operational roads within the assigned management scope.

7. To carry out prevention and damage mitigation work due to typhoons and floods, and search and rescue operations, ensuring timely, smooth, and safe traffic flow. 8. To archive and preserve management records of road infrastructure according to the management hierarchy. 9. To issue permits for construction works within the protective zone of operational national road infrastructure.

Article 8. Responsibilities of units assigned plans to implement road management and maintenance work 1. To prepare road management and maintenance plans, road safety corridors managed by the unit and submit them to the competent authority.

2. To direct, manage, closely coordinate with local authorities, traffic inspectors in patrol and inspection work; regular maintenance, periodic repairs, and emergency repairs; organize traffic diversion to ensure traffic flow. In cases of severe damage exceeding assigned tasks, they must ensure traffic flow and report to the competent authority for prompt resolution. 3. To closely coordinate with local authorities, traffic inspectors to protect road infrastructure and road safety corridors. 4. To prepare plans and measures to prevent typhoons and floods and search and rescue operations; organize prompt response and recovery when incidents occur.

5. To organize vehicle counts, classify bridges and roads, update bridge and road conditions and report as required.

6. To participate in traffic safety inspections of projects nearing completion and ready for operation.

7. To prepare management files, archive, preserve, and regularly supplement developments and measures to repair bridge and road damages. Manage files through both paper and computer software.

8. To propose recommendations to the competent authority to resolve issues encountered in the implementation of road management and maintenance tasks. NATIONAL of the entity assigned a plan to carry out road management and maintenance work

1. Prepare plans for managing and maintaining national roads and road safety zones, which shall be submitted to competent authorities by the management unit.

2. Direct, coordinate, and closely cooperate with local authorities and traffic inspectors in patrol and inspection activities; regular maintenance, periodic repairs, and emergency repairs. business budgets, equipment, materials, supplies,; organize traffic diversion to ensure traffic flow. In cases of severe damage exceeding assigned tasks, they must ensure traffic flow and report to competent authorities for prompt resolution.

3. Closely cooperate with local authorities and traffic inspectors to protect road works and road safety zones.

4. Develop plans and measures to prevent typhoons and floods and search and rescue operations; organize timely response and recovery when incidents occur.

5. Organize vehicle counts, classify bridges and roads, update their conditions, and report according to regulations.

6. Participate in traffic safety inspections for projects nearing completion and ready for handover and operation.

7. Establish, store, maintain, and regularly supplement records and measures repair bridge and road damages. Manage records through both paper and computer software.

8. Propose solutions to competent authorities to resolve difficulties encountered in performing road management and maintenance tasks.

Article 9. Responsibilities of units receiving orders or winning bids to manage and maintain national roads

1. After receiving orders or winning bids for managing and maintaining national roads, implement according to the provisions of the signed contract.

2. Closely coordinate with local functional agencies, traffic inspectors, and promote public awareness in managing and protecting road infrastructure, taking timely measures to prevent violations in road safety zones. động 3. Develop plans and measures for storm and flood prevention and search and rescue operations; organize prompt response and remediation when incidents occur.

4. Update the status of bridges and roads and report as prescribed.

4. Update the condition of bridges and roads and report according to regulations.

5. Establish management files, store, preserve, and regularly supplement full records and measures to address bridge and road damage. Manage files through both written documentation and computer software. stillborn store, maintain, and regularly supplement records and measures technical equipment; to repair bridge and road damages. Manage records through both paper and computer software.

6. Propose solutions to authorities to resolve difficulties encountered in managing and maintaining national roads. business budgets, equipment, materials, supplies, ||| issue authorities to resolve difficulties encountered in performing road management and maintenance tasks.

7. Fully and accurately comply with all provisions stipulated in the signed contract and other relevant laws.June 2024;as stipulated in the signed contract and other relevant legal provisions.

Article 10. Responsibilities of units managing ferry clusters, ferry terminals (floating bridges) NATIONAL 1. Implement plans for managing and maintaining access roads, approach bridges, pontoons, terminals, or terminal spurs, ensuring inland waterway navigation and road signage safety for people and vehicles crossing rivers.

1. Implement plans for managing and maintaining access roads, approach bridges, pontoons, wharfs, or jetty ends, inland waterway routes, and road signs to ensure safety for people and vehicles crossing rivers. of pontoons

2. Ensure necessary lifesaving equipment; floating vessels such as pontoons, ferries, buoys, and speedboats must be inspected according to schedule and always meet technical standards. , ferries, buoys, and speedboats must undergo regular inspections and always meet technical standards.run ferries and directives from the Ministry of Transport and Vietnam Highway Administration on ensuring traffic safety at ferry terminals and on rivers. Regularly inspect and promptly address any damages within their capacity or report

3. Organize and guide terminal managers, captains, crew members, and staff to strictly follow ferry operation regulations and directives from the Ministry of Transport and Vietnam Highway Corporation regarding safe transportation at ferry terminals and on rivers. Regularly inspect and promptly identify damages for repair or report to higher authorities for resolution. Installation to higher authorities for resolution. STATISTICS repair national roads currently in operation

Article 11. Responsibilities of project management units in managing construction projects and repairing operational national roads supplemented, tender documents must fully specify requirements and evaluation criteria for traffic safety assurance measures and environmental protection.

1. When preparing tender documents, fully specify requirements and criteria for evaluating traffic safety assurance and environmental protection plans. Article 5. EFFECTIVENESS OF THIS CIRCULAR traffic safety and environmental protection; if contractors, investors, or project enterprises fail to meet these requirements, consider appropriate actions within their authority or refer to higher authorities for resolution.

2. Inspect contractors, investors, and project enterprises throughout the construction process regarding traffic safety assurance and environmental protection; if contractors, investors, or project enterprises fail to meet requirements, consider handling within authority or propose higher authorities to handle. to 4. Comply strictly with Article 48 of Circular No. 39/2011/TT-BGTVT dated

3. Direct contractors to strictly adhere to traffic safety assurance and environmental sanitation requirements.

issued by the Minister of Transport regarding "Guidelines for Implementing Certain Provisions of Decree No. 11/2010/NĐ-CP". 4. Comply with Article 48 of Circular No. 39/2011/TT-BGTVT dated May 18, 2011 issued by the Minister of Transport on "Guidelines for Implementing Certain Provisions of Decree No. 11/2010/NĐ-CP". 1. Prepare documentation for traffic safety and environmental protection to be submitted to competent highway management authorities

Article 12. Responsibilities of contractors conducting construction on operational national roads ealthiand powers and organizational structure of 1. Submit traffic safety assurance and environmental protection documents to competent road management authorities for construction permits after reaching agreement with project management units; once construction permits are granted, contractors are responsible for coordinating with road management units to receive construction sites and proceed with subsequent steps; from the day of site handover, contractors must ensure smooth and safe traffic flow.

after reaching agreement with the project management unit; FOR hand over

2. Construction supervisors must frequently be present at the site to resolve issues within their authority or collaborate with local authorities, project management units, road management agencies, and related agencies to promptly address incidents caused by subjective or objective factors that reduce project quality or disrupt traffic safety. construction sites and proceed with subsequent steps; from the date of receiving the construction site handover, contractors must assume responsibility for managing traffic flow and ensuring safety; cooperate

3. Implement traffic safety assurance and environmental protection measures before commencing construction; during the entire construction period, strictly follow agreed-upon plans, methods, and schedules without damaging existing road structures; subject to inspection by road management agencies and traffic inspectors regarding compliance with traffic safety assurance and environmental protection regulations during construction as stipulated in the construction permit and applicable laws. with local authorities, project management units, highway management agencies, and other related agencies to promptly address incidents caused by subjective or objective reasons that reduce project quality or disrupt traffic safety. in compliance with regulations on ensuring traffic safety and environmental protection during construction as stipulated in construction permits and current laws.

4. Upon completion of construction, remove excess materials, equipment, and other obstructions from the site and promptly submit completion documents for handover to management units; contractors are responsible for warranty services as prescribed. TO 4. Upon completion of construction, remove excess materials, equipment, and other obstructions from the site and

5. Fully and accurately implement the contents of the signed contract and the provisions of Chapter VI of Circular No. 39/ SOVEREIGN 5. Fully and accurately comply with all contents stipulated in the signed contract and provisions in Chapter VI of Circular No. 39/2011/TT-BGTVT and other relevant legal regulations.

1. Be responsible for ensuring traffic flow and protecting the environment during the implementation of investments and construction of projects on operational national roads; implement management, maintenance, and protection of road infrastructure and road safety zones as stipulated in the project contract; regulations of the Road Traffic Law 2008 and current guiding legal documents.2011RESPONSIBILITIES OF INVESTORS AND PROJECT ENTERPRISES DURING THE INVESTMENT, CONSTRUCTION, AND OPERATION PHASES

Article 13. res 1. Ensure traffic safety and environmental protection during investment and construction of projects on operational national roads; implement management, maintenance, and protection of road infrastructure and road safety zones according to project contract provisions, the Road Traffic Law 2008, and current guiding legal documents.

2. Report to competent authorities when information about road construction accidents or traffic accidents is available.

2. Promptly address and report to competent authorities when information about road construction incidents or traffic accidents arises. quan 2. Organize regular, periodic, and spot inspections of entities responsible for managing and maintaining national roads; the implementation of traffic assurance plans by project management units, contractors, investors, and project enterprises; handle violations within their authority or report to higher authorities for resolution.

Section 2

INDIVIDUAL RESPONSIBILITIES

Article 14. Responsibilities of the Director of the Construction Management and Traffic Works Quality Control Department NATIONAL Shall be responsible to the Minister of Transport and before the law for organizing the implementation of the contents prescribed in Article 5 of this Circular.

Article 15. Responsibilities of the General Director of the Vietnam Highway Administration in 1. Shall be responsible to the Minister of Transport and before the law for organizing the implementation of management and maintenance work on the national highway system.

2. Organize inspections, checks, and take measures to promptly prevent and handle violations by agencies, organizations, and individuals in management and maintenance work on highways; handle violations within their authority.

3. Shall bear direct responsibility and joint liability for the condition of damaged bridges and roads. the responsibility to manage Article 16. Responsibilities of the General Director of the Road Management Zone

1. Shall be responsible to the General Director of the Vietnam Highway Administration and before the law in the management and maintenance work on roads under the jurisdiction of the Road Management Zone. issue 2. Organize regular, periodic, and surprise inspections of units implementing management and maintenance work on roads under the jurisdiction of the Road Management Zone; the implementation of traffic assurance plans by project management units, contractors, investors, and project enterprises; handle violations within their authority or report to higher authorities for handling.

Article 17. Responsibilities of the Director of the Department of Transport joint 1. Shall be responsible to the Chairman of the Provincial People's Committee, the Minister of Transport, the General Director of the Vietnam Highway Administration, and before the law for management and maintenance work on national highways entrusted to them.

2. Organize inspections, checks regularly, periodically, and unexpectedly for units implementing management and maintenance work on roads; the implementation of traffic assurance plans by project management units, contractors, investors, and project enterprises; handle violations within their authority or report to higher authorities for handling. NATIONAL Article 18. Responsibilities of the Heads of Units Assigned Plans, Orders, and Contracts to Implement Management and Maintenance Work on Roads

1. of the work assigned; fully implement of the 1. Shall be responsible to higher authorities and before the law for implementing management and maintenance work on national highways according to assigned tasks; bear responsibility or joint liability for traffic safety incidents caused by negligence in managing and maintaining road infrastructure. the a) Report to the Ministry of Natural Resources and Environment on the results of training and upgrading, including listing the teaching staff participating in teaching, evaluating the participation of trainees in the training process, the results of organizing examinations for completing the training and upgrading program on land valuation business, the issuance of Certificates and the use of Certificate codes, summarizing the feedback from trainees on the quality of the training and upgrading program on land valuation business, and other relevant matters. 2. Organize the implementation of management and maintenance work on roads as stipulated in Articles 8 and 9 of this Circular.

Article 19. Responsibilities of the Ferry Cluster Director and Ferry Wharf Manager (Floating Bridge) Decree 1. Organize the implementation of traffic assurance operations across rivers as prescribed in Article 10 of this Circular.

2. Regularly and unexpectedly inspect the traffic assurance work of project management units and contractors implementing repair and upgrade projects while ensuring traffic flow; handle violations within their authority or report to higher authorities for handling.

3. Shall be responsible to higher authorities for the assigned management tasks or joint liability for traffic safety incidents due to unsafe ferry ramps, ferries, or floats. Total 4. Shall be responsible for allowing negative phenomena to occur in the organization and management, and regular maintenance of ferry clusters and wharfs.

Article 18. Responsibilities of Heads of Units Assigned Plans, Orders, or Won Bids to Carry Out National Road Management and Maintenance Work usually 1. Be accountable to superiors and the law for the performance of national road management and maintenance work on the system

of national highways according to assigned tasks; bear responsibility or joint liability for traffic safety incidents due to negligence in managing and maintaining road infrastructure.

2. Organize the implementation of national road management and maintenance work as stipulated in Articles 8 and 9 of this Circular. IN Article 19. Responsibilities of Ferry Cluster Directors and Ferry Terminal Managers (Pontoon Bridge Managers)

1. Organize the implementation of

river-crossing traffic safety operations as specified in Article 10 of this Circular.

2. Conduct regular and spot NATIONAL inspections

2. Regular inspections, spot business budgets, equipment, materials, supplies, ||| ensuring traffic safety during the implementation of construction and upgrade projects for wharf facilities while maintaining traffic flow; handling violations within their authority or reporting to higher authorities for resolution.

||| 3. Shall be responsible to higher authorities for ||| for the assigned management tasks or jointly bear responsibility for traffic safety incidents caused by unsafe access roads, ferry terminals, ferries, or buoys.

||| 4. Shall be responsible for the occurrence of negative ||| phenomena ||| in the organization and operation, in the management and regular maintenance of ferry clusters and ferry terminals.

Chapter III

HANDLING VIOLATIONS

Article 20. Handling violations against individuals

The Director of the Construction Management and Road Quality Agency, the General Director of the Vietnam Highway Administration, the Director of the Department of Transport, the General Director of the Highway Management Zone, the Director of ferry clusters, the Harbor Master (floating bridge), and other related individuals, shall be handled according to the type and degree of violation as prescribed in Decree No. 34/2011/NĐ-CP of the Government on disciplinary measures for civil servants; Decree No. 41/CP of the Government detailing and guiding the implementation of certain provisions of the Labor Code regarding labor discipline and material responsibility; and Decree No. 33/2003/NĐ-CP of the Government supplementing some articles of Decree No. 41/CP; Decree No. 34/2010/NĐ-CP of the Government prescribing administrative penalties in the field of road traffic; Decree No. 27/2012/NĐ-CP of the Government on handling disciplinary actions against public officials and the responsibility for compensation and restitution of public officials and amendments and supplements to these decrees. Article 21. Handling violations against contractorsMain contractors and subcontractors when implementing basic construction projects and repairing roads (collectively referred to as contractors) shall be subject to fines according to the degree of violation, as prescribed in Decree No. 34/2010/NĐ-CP.

and fined according to economic contracts signed.

Article 22. Handling violations against units responsible for road management and maintenance; investors, businesses During the exploitation of oil and gas, the Contractor may utilize oil and gas extracted from the Contract Area to serve exploration activities within necessary limits, consistent with internationally accepted petroleum industry practices. during the operation and use phase; project management units 1. Fines shall be imposed according to Government Decree No. the signed contracts. 2. Fines shall be imposed according to

Decree No. 34/2010/NĐ-CP. Authority to handle violations 1. The Minister of Transport shall decide on handling violations against the Director and Deputy Director of the Construction Management and Road Quality Agency; the General Director and Deputy General Director of the Vietnam Highway Administration; other positions within their authority.

2. The Chairman of the People's Committee of provinces and centrally governed cities shall decide on handling violations against the Director of the Department of Transport; other positions within their authority. a) Providing testimonies and expert opinions for the case for which they have been summoned; 3. The General Director of the Vietnam Highway Administration:

a) Shall decide on handling violations within their authority against staff, civil servants, public officials, and employees; the General Director of the Highway Management Zone; the Deputy General Director of the Highway Management Zone; the Director of ferry clusters; a) Providing testimonies and expert opinions for the case for which they have been summoned; in b) Shall decide on forms of handling contractors, units responsible for road management and maintenance, investors, business projects, and project management units when they violate the provisions of this Circular;

Article 23.c) Shall require the General Director of the Highway Management Zone and the Director of the Department of Transport to suspend construction or revoke construction permits for contractors; units responsible for road management and maintenance; investors, business projects when they are penalized according to the provisions of this Circular;

d) Shall handle within their authority or refer to competent authorities to handle investors and business projects when they fail to fully comply with regulations on road management and maintenance. ON TAX NUMBER 78/2006/QH11 AND THE LAW ON TAX ADMINISTRATION AMENDED BY LAW NUMBER 2/QH13; 4. The General Director of the Highway Management Zone:

2. a) Shall decide on handling violations within their authority against staff, public officials, employees, and workers; the Deputy Director of ferry clusters; Supreme People's Court b) Shall suspend construction for contractors; units

responsible for road management and maintenance; investors, business projects when they are penalized according to the provisions of this Circular; KT. GENERAL DIRECTOR Vietnam Road Administration

c) Shall revoke construction permits for contractors; units responsible for road management and maintenance; investors, business projects when they are penalized according to the provisions of this Circular. 5. The Director of the Department of Transport:

a) Shall decide on handling violations within their authority against staff, civil servants, public officials, employees, and other positions;

b) Shall suspend construction for contractors; units responsible for road management and maintenance; investors, business projects when they are penalized according to the provisions of this Circular;

6. Traffic inspectors and public officials performing specialized inspection functions within their assigned functions, tasks, and authority shall implement handling of violations according to the law.

This Circular takes effect from October 1, 2012, replacing Decision No. 38/2004/QĐ-BGTVT dated December 24, 2004 carrying out, if promulgating regulations on responsibilities and forms of handling organizations and individuals who violate regulations on road management and maintenance.

1. The Director of the Construction Management and Road Quality Agency, the Inspector General of the Ministry, Heads of Departments, Heads of Units under the Ministry of Transport, the General Director of the Vietnam Highway Administration, 2. Provincial People's Committees and centrally administered city people's committees shall be responsible for: Directors of the Department of Transport, the General Director of the Highway Management Zone, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation.

2. During the implementation of this Circular, if there are difficulties, organizations and individuals shall promptly report in writing to the Ministry of Transport for research and appropriate supplementation and amendment./. c) Encouraging non-public agencies and organizations providing public services without using state budget funds, sectors, and localities to apply the economic and technical standards set forth in this Circular. ||| load

||| a) Deciding on the handling of violations within their jurisdiction ON ||| against officials, civil servants, employees, and other positions;

||| b) Suspending work for contractors; units responsible for road management and maintenance; investors and project enterprises when they are penalized according to this Circular;

||| c) Revoking construction permits for contractors; units responsible for road management and maintenance; investors and project enterprises when they are penalized according to this Circular;

||| d) Handling within their jurisdiction or recommending competent authorities to handle investors and project enterprises when they fail to comply with regulations on road management and maintenance.

||| 6. Traffic inspectors and officials performing specialized inspection functions within their scope of duties, responsibilities, and jurisdiction shall implement the handling of violations according to the provisions of the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 24.Effectiveness

||| This Circular takes effect from October 1, 2012; replacing Decision No. 38/2004/QĐ-BGTVT dated December 24 ||| 2004 of the Minister of Transport ||| promulgating regulations on responsibilities and forms of handling organizations and individuals who violate in the management and maintenance of road transport infrastructure.

Article 25.Implementation

||| 1. The Director of the Department of Construction Management and Quality Control of Transport Works, the Inspector General of the Ministry, Heads of Departments, Deputy Heads of Departments - Heads of Boards under the Ministry of Transport, Directors of Highway Administration Southern Region, Directors of Provincial Departments of Transport, General Managers of Road Management Zones, Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation. Article 6. Responsibilities of the Vietnam Highway Administration ||| 2. During the implementation of this Circular, if there are difficulties, organizations and individuals shall promptly reflect them in writing to the Ministry of Transport for research and appropriate supplementation and amendment./.

2. During the implementation of this Circular, if there are any difficulties, organizations and individuals shall promptly reflect them in writing to the Ministry of Transport for study and supplementation or amendment as appropriate./.

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被其废止 1

35/2022/TT-BGTVT Thông tư số 35/2022/TT-BGTVT Bãi bỏ một số văn bản quy phạm pháp luật do Bộ trưởng Bộ Giao thông vận tải ban hành 生效中

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16/2018/QĐ-UBND Quyết định số 16/2018/QĐ-UBND Ban hành quy chế tổ chức và hoạt động của Ban quản lý Dự án đầu tư xây dựng khu vực Khu kinh tế tỉnh Hà Tĩnh 已失效

受其指导 1

27/2012/NĐ-CP Nghị định số 27/2012/NĐ-CP Quy định về xử lý kỷ luật viên chức và trách nhiệm bồi thường, hoàn trả của viên chức 生效中

31/2012/TT-BGTVT

Circular No. 31/2012/TT-BGTVT stipulates responsibilities and handling of violations in the management and maintenance of road traffic infrastructure.

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Tiếng Việt Thông tư số 31/2012/TT-BGTVT Quy định trách nhiệm và xử lý vi phạm trong công tác quản lý, bảo trì kết cấu hạ tầng giao thông đường bộ 한국어 시행규칙 제 31/2012/TT-BGTVT는 도로 교통 기반 시설 관리 및 유지 보수에 대한 책임과 위반 처리에 관한 규정을 제정함. 中文通知第31/2012/TT-BGTVT号关于公路交通基础设施管理养护责任及违规处理的规定

Circular No. 31/2012/TT-BGTVT stipulates responsibilities and handling of violations in the management and maintenance of road traffic infrastructure.

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