This document stipulates the responsibilities and forms of handling violations related to management and operation of toll collection activities on national highways managed by the state. It applies to toll stations, road management companies, advisory agencies, and senior leaders of these units. It provides detailed regulations on responsibilities and handling of violations for toll collectors, Toll Station Heads, Directors of Road Management Companies, General Managers of Road Management Zones, and Directors of Departments of Transport.
적용 범위
Organizations and individuals implementing tolls for road usage and ferry fees; toll stations and ferry terminals on the national highway system managed by the state; senior leaders of advisory agencies, Directors of Road Management Companies, General Managers of Road Management Zones, and Directors of Departments of Transport.
핵심 사항
- Toll stations and road management companies must comply with legal regulations on the management and operation of toll collection activities.
- Toll collectors may not violate regulations during their work such as using drugs, gambling, selling tickets in violation of regulations, carrying personal money while performing duties.
- The Toll Station Head and senior leaders of units managing toll stations have the responsibility to organize and supervise toll collection activities.
- Violations will be disciplined from reprimand to dismissal depending on the severity of the violation, including both individual and collective actions.
- The Director of the Vietnam Highway Administration, the General Manager of Road Management Zones, and the Director of Departments of Transport have the authority to decide on disciplinary actions against subordinates.
🌐 이 문서의 사회적 영향
- Positive impact: Strengthening management and transparency in toll collection activities, reducing corruption in toll collection operations.
- Negative impact: May impose a heavy disciplinary burden on toll collectors and leaders of units managing toll stations.
❓ 자주 묻는 질문
How will toll collectors who violate regulations be handled?
Toll collectors who violate regulations will be reprimanded, warned, transferred to another position, demoted in rank, or dismissed depending on the severity of the violation. Serious violations may result in dismissal.
How will Toll Station Heads who violate regulations be handled?
Toll Station Heads who violate regulations will be reprimanded, warned, or dismissed depending on the severity of the violation. Serious violations may result in dismissal.
How will senior leaders of units managing toll stations who violate regulations be handled?
Senior leaders of units managing toll stations who violate regulations will be reprimanded, warned, or dismissed depending on the severity of the violation. Serious violations may result in dismissal.
What are the forms of disciplinary action?
Forms of disciplinary action include reprimand, warning, demotion in rank, dismissal, or termination of employment depending on the severity of the violation and the nature of the act.
Do organizations and individuals have the right to appeal against disciplinary decisions?
There is no specific information about the right to appeal in this document. However, according to current legal provisions, organizations and individuals have the right to appeal and report disciplinary decisions.
전문
Pursuant to …;
Regarding the issuance of Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Toll Collection Activities on National Highways Managed by the State
Regarding the Management and Operation of Toll Collection Activities on National Highways Managed by the State
_____________________________
THE MINISTER OF TRANSPORTATION
WHEREAS, the Labor Code dated June 23, 1994, and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 12, 2002;
WHEREAS, the Road Traffic Law dated June 29, 2001;
Pursuant to the Civil Servants Law and Anti-Corruption Law dated February 26, 1998;
Pursuant to the Fees and Charges Law No. 38/2001/PL-UBTVQH10 dated August 28, 2001, and Government Decree No. 57/2002/NĐ-CP dated June 3, 2002 detailing the implementation of the Fees and Charges Law;
Pursuant to Decree No. 22/CP dated March 22, 1994 of the Government on the tasks, powers, responsibilities for state management, and organizational structure of the Ministry of Transport;
At the proposal of the Director of the Vietnam Highway Administration, the Head of the Cadres and Personnel Department - Labor, and the Head of the Transport Legal Affairs Department.
DECISION:
Article 1. Issued along with this Decision are the "Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Toll Collection Activities on National Highways Managed by the State".
Article 2. This Decision shall take effect from March 1, 2003.
Article 3. The Chairmen of Provincial People's Committees under the Central Government, the Heads of the Ministries' Offices, the Heads of the Ministries' Inspectors, the Heads of Departments under the Ministries, the Directors of the Vietnam Highway Administration, the Directors of Provincial Departments of Transportation (Public Works and Transportation), and the Heads of agencies and units related thereto are responsible for implementing this Decision.
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Dao Dinh Binh (Signed) |
REGULATIONS
Responsibilities and Forms of Handling for Organizations and Individuals when Violating Management and Operation of Toll Collection Activities on National Highways Managed by the State
(Issued together with Decision No. 318/2003/QĐ-BGTVT dated January 30, 2003)
of the Ministry of Transport)
______________
Chapter 1:
GENERAL PROVISIONS
Article 1. Scope and Applicability
Article 1. These regulations determine the responsibilities and forms of handling for organizations and individuals when violating management and operation of toll collection activities on national highways managed by the state.
Article 2. The subjects to which these regulations apply include organizations and individuals engaged in road usage fee collection and ferry fees, including:
a) Road usage fee collection stations, ferry terminals; Road Management Company (Section) directly managing the fee collection station, ferry terminal;
b) Advisory bodies under the Road Management Zone, Provincial Departments of Transportation (Public Works and Transportation) managing road usage fee collection work.
c) Higher-level management bodies of the fee collection management unit: Vietnam Highway Administration, Road Management Zone, Provincial Departments of Transportation (Public Works and Transportation).
d) Individuals engaged in fee collection and fee management work, including staff and leaders of the fee collection station, ferry terminal, and higher-level bodies of the fee collection unit.
Article 3. The scope of application includes road usage fee collection stations and ferry terminals on the national highway system funded by the state budget, loans, and organizations collecting fees to repay costs (hereinafter referred to as fee collection stations).
These regulations do not apply to road usage fee collection stations and ferry terminals invested for business purposes under the BOT model and other investment models for business purposes.
Article 4. Toll collection activities on the road systems of provinces and centrally-administered cities shall be based on these regulations to formulate specific provisions suitable for the characteristics of each locality.
Article 2. Organizations and individuals mentioned in Clause 2 of Article 1 of these regulations must comply with current legal regulations on management and operation of toll collection activities, relevant regulatory documents, and the contents of these regulations.
Chapter 2:
RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN TOLL COLLECTION
PART A.
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 3. Responsibilities of the Toll Collection Station
Clause 1. Organize the implementation of tasks related to road usage fee collection in accordance with current state management regulations, Ministry of Transport regulations, and directives from higher-level management bodies.
Clause 2. Based on these regulations and guidance from superiors, establish and implement station regulations for toll collection activities.
Clause 3. Educate and motivate staff to strictly adhere to station regulations; strive to exceed assigned revenue and expenditure targets; build a stable, united, and developing unit.
Clause 4. Manage tickets and collected fees, manage assets allocated to the station in accordance with current regulations.
Article 4. Responsibilities of the Highway Management Company managing toll stations
1. Organize the operation of toll stations in accordance with the State's management regulations, those of superior agencies; coordinate with local authorities at all levels to maintain public order and safety during the toll collection process.
2. Regularly direct and manage the operation of toll stations in compliance with this Regulation; take measures promptly to prevent traffic congestion, inconvenience, obstruction... or negative behaviors in toll collection activities.
3. Adhere strictly to regulations on the management of revenue and expenditure, report on road usage fees, timely and fully remit to the budget, repay loans according to plan, and not divert toll revenues for other purposes. Resolve salaries, bonuses, and benefits for toll collection staff in accordance with regulations and within authorized limits.
4. Propose to superior agencies to resolve issues related to toll collection management mechanisms, benefit systems, or create necessary conditions and material bases for toll station operations.
Article 5. Responsibilities of advisory business units
The advisory business unit for toll collection is the Financial Accounting Department of the Highway Management Zone, the Department of Transport (Public Works) managing toll stations. The responsibilities of the advisory business unit for toll collection are simultaneously the responsibilities of the Highway Management Zone and the Department of Transport (Public Works) in managing toll stations.
1. Perform the advisory function for specialized management regarding highway toll collection.
2. Organize the development of internal rules and regulations of the unit suitable to the actual situation of the unit. Organize training in toll collection procedures for personnel under the unit's jurisdiction.
3. Guide the preparation of toll collection plans and expenses for the Highway Management Company managing toll stations; compile toll collection and expense plans for submission to the competent authority for approval.
4. Take the lead and coordinate with relevant business departments to conduct regular and spot inspections to identify and propose prompt resolution of errors and violations occurring in highway toll collection activities.
5. Urge units to fulfill their obligations to remit state budget revenues and repay loans according to assigned plans. Timely compile monthly data on toll collections and expenses of managed stations and submit them to the Vietnam Highway Administration.
6. Propose to the leadership of the Vietnam Highway Administration on issues requiring amendments or solutions in toll collection management mechanisms or creating necessary conditions and material bases, modernizing toll stations under management.
7. Bear responsibility before the head of the agency for highway toll collection matters and jointly bear responsibility with agency leadership for violations occurring in the unit; deputy officials bear responsibility before their superiors for assigned tasks.
Article 6. Responsibilities of the Vietnam Highway Administration
1. Develop planning and development schemes for networks of toll stations using highways on the national road system for submission to the Minister of Transport for approval by the Prime Minister.
2. Study and develop, improve management mechanisms for toll collection activities for submission to the competent authority for issuance such as: toll collection and expense management; labor management for toll collection; salary, bonus, and other benefit systems in toll collection activities.
3. Direct the establishment and adjustment of toll stations according to approved planning; gradually equip modernization of highway toll collection work to ensure efficiency, safety, and convenience in toll collection operations.
4. Guide the implementation of State and Ministry of Transport regulations on organization and management of highway toll collection activities.
5. Organize regular and spot inspections of various aspects or comprehensive activities of some toll stations and directly managed Highway Management Companies; implement necessary actions within authority following inspections.
PART B.
RESPONSIBILITIES OF INDIVIDUALS
Article 7. Responsibilities of ticket sellers, fare inspectors, vehicle guidance staff, and station security personnel (hereinafter referred to as toll collection staff)
1. Must have a personal commitment, not to violate state regulations, Ministry of Transport regulations, superior unit regulations, and internal rules of the unit regarding toll management.
2. Must sell tickets at the prescribed face value for each type of vehicle.
3. Shall be responsible for managing received tickets and collected money; if there is any confusion or loss of tickets or money, they must compensate.
4. When vehicles enter the control gate, they must signal to reduce speed and stop for ticket inspection. If a non-compliant ticket is discovered (incorrect vehicle type ticket, fake ticket, round-trip ticket, expired ticket...), they must require the driver or owner to stop the vehicle for resolution but must not cause traffic congestion.
5. Upon verifying the correct ticket type, they must immediately tear off and hand over the payment portion of the ticket to the driver. The control portion of the ticket must be collected and processed according to regulations.
6. Shall not carry personal cash while on duty.
7. Shall not arbitrarily close inspection gates without an order from the Toll Station Manager.
8. Coordinate with security forces and station personnel to protect property and maintain order in the ticket sales area and station premises. Unauthorized persons and vendors shall not be allowed in the station area.
9. Report any violations occurring within their unit.
Article 8. Responsibilities of Toll Station Leaders
The Toll Station Manager is directly assigned by the General Director of the Highway Management Company to manage and operate the station. The Manager has the following responsibilities:
1. Must have a commitment before being appointed and must fully perform the assigned duties, comply with all state policies and regulations concerning toll collection.
2. Organize, arrange, and coordinate between departments and shifts to effectively fulfill assigned toll collection tasks and budgets; resolve all matters in accordance with regulations and authority.
3. Regularly organize and implement necessary forms and methods to check the performance of each department, team, and shift in toll collection activities; recommend the General Director of the Highway Management Company to handle any violations found during station operations.
4. Shall be accountable to the General Director for the assigned management tasks and shall be responsible or jointly responsible for any violations that occur in their unit.
Deputy Managers, Shift Leaders, and Team Leaders shall be accountable to the Manager for the tasks assigned to them.
Article 9. Responsibilities of the General Director of the Highway Management Company
1. Continuously monitor and direct toll station operations; promptly address traffic congestion, inconvenience, obstruction... or handle negative behaviors in toll collection activities.
2. Conduct regular and surprise inspections of toll stations under their management through various methods; handle according to authority or recommend higher authorities to handle after inspection.
3. Ensure adequate equipment for toll station operations; implement asset management of the station according to current regulations.
4. Recommend higher authorities to resolve issues related to toll collection management mechanisms, benefit systems, or provide necessary conditions and facilities for station operations.
5. Shall be accountable to higher management authorities for assigned tasks or jointly responsible for any violations occurring in the units they oversee.
The Deputy Director shall be accountable to the Director for assigned tasks.
Article 10. Responsibilities of the General Director of the Road Management Zone, Director of the Department of Transport (Public Transport)
1. Organize and direct the establishment and adjustment of toll collection stations according to the decision of the competent authority.
2. Based on the guidance of the Vietnam Highway Administration, specifically direct the implementation of regulations in organizing and managing toll collection activities; direct the business advisory agency to fulfill well the responsibilities of the Road Management Zone, of the Department of Transport (Public Transport) in managing toll collection activities as recorded in Article 5 of this Regulation.
3. Organize regular and spot inspections of toll collection stations under their management; handle according to their authority cases of violation or report to higher authorities for handling.
4. Bear responsibility for road toll and ferry station collection activities within their management scope and jointly bear responsibility for violations occurring at subordinate toll collection units.
The Deputy General Director of the Road Management Zone shall be responsible before the General Director of the Road Management Zone, the Deputy Director of the Department of Transport (Public Transport) shall be responsible before the Director of the Department for the assigned tasks.
Article 11. Responsibilities of the Director of the Vietnam Highway Administration
1. Organize the coordination of activities of the business advisory boards to complete well the responsibilities of the Vietnam Highway Administration as recorded in Article 6 of this Regulation.
2. Organize regular and spot inspections of certain aspects or the entire operation of some toll collection stations and directly managed road management companies; implement necessary actions according to their authority after inspection.
3. Bear responsibility for toll collection activities directly managed by the Bureau and jointly bear responsibility for violations occurring at subordinate toll collection units.
Deputy Directors are accountable to the Director for the tasks assigned to them.
Chapter 3:
VIOLATIONS AND FORMS OF DISCIPLINARY ACTION
PART A.
VIOLATIONS AND FORMS OF HANDLING FOR TOLL COLLECTION STAFF
Article 12. Violations
1. Performing duties with blood alcohol concentration exceeding 80 milligrams/100 milliliters of blood or 40 milligrams/1 liter of exhaled air or other prohibited stimulants by law.
2. Having an impatient attitude, lacking civilized manners towards drivers and vehicle owners.
3. Leaving the post without permission from the supervisor.
4. Carrying personal money while performing duties.
5. Selling loose tickets, round-trip tickets, incorrect type tickets, fake tickets.
6. Not tearing up and returning tickets to drivers but keeping them for reuse.
7. Using position to allow vehicles to pass through the station without payment, colluding to accept money or goods from drivers in any form.
8. Engaging in gambling or participating in other social evils.
9. Buying or selling drugs or other prohibited stimulants as regulated by law.
Article 13. Forms of Handling Violations
1. Reprimand when violating for the first time any of Clauses 1, 2, 3, or 4 of Article 12.
2. Warning when repeating the offense or violating two or more clauses among Clauses 1, 2, 3, or 4 of Article 12.
3. Transfer to another job, demotion in rank or pay grade when:
a) Violating for the first time any of Clauses 5, 6, 7, or 8 of Article 12;
b) Violating three or more clauses among Clauses 1, 2, 3, or 4 of Article 12.
4. Be dismissed when:
a) Violating two or more clauses among Clauses 5, 6, 7, or 8 of Article 12;
b) Violating Clause 9 of Article 12;
c) Violating Clause 3 of Article 13 for the second time;
d) Being punished according to the court's decision.
PART B.
VIOLATIONS AND FORMS OF HANDLING FOR TOLL STATION HEADS, SHIFT LEADERS, AND TEAM LEADERS AT TOLL COLLECTION STATIONS
Article 14. Violations
1. Failure to complete one of the tasks specified in Article 8.
2. Lack of responsibility in managing and controlling fee collection, leading to violations by fee collectors being subject to disciplinary action:
a) Three or more fee collectors being reprimanded;
b) Two or more fee collectors being warned;
c) Two or more fee collectors being demoted, having their salary grade reduced, or transferred to other work;
d) Three or more fee collectors being dismissed from their positions.
3. Misusing authority to violate financial management regulations, resulting in loss of fees and public funds.
4. Accepting or organizing the acceptance of bribes in any form.
Article 15. Forms of Disciplinary Action
1. Reprimand when:
a) Violating Clause 1 of Article 14;
b) Violating Point a, Clause 2 of Article 14.
2. Being warned for violating Point b, Clause 2 of Article 14.
3. Being demoted in salary grade, removed from position, or transferred to another job for violating Point c, Clause 2 of Article 14;
4. Be dismissed when:
a) Violating Point d, Clause 2 of Article 14;
b) Violating Clause 3 and 4 of Article 14;
c) Being punished according to the decision of the court.
Section C.
DISCIPLINARY ACTIONS TOWARDS SUPERIOR LEADERS OF THE FEE COLLECTION STATION
Article 16. Handling Violations Against the Director of the Highway Management Company:
1. Reprimand when:
a) Failure to perform one of the tasks specified in Article 9;
b) The Station Manager of the fee collection station being disciplined with dismissal.
2. Warning when:
a) Failure to perform two of the tasks specified in Article 9;
b) The Station Manager of the fee collection station being criminally prosecuted for offenses related to fee collection activities.
3. Be dismissed from office when:
a) Failure to complete the tasks specified in Article 9;
b) Two instances of the Station Manager of the fee collection station being criminally prosecuted for offenses related to fee collection activities occurring.
4. Be dismissed when:
a) Three instances of the Station Manager of the fee collection station being criminally prosecuted for offenses related to fee collection activities occurring;
b) Being punished according to the decision of the court.
Article 17. Forms of Disciplinary Action for Leaders of Advisory Departments of the Highway Management Zone, Department of Transport (Public Works)
Leaders of advisory departments failing to complete the tasks specified in Article 5 of this Regulation shall be subject to disciplinary action according to the Civil Servant Law based on the severity of the violation; they must also bear joint liability for the violations of fee collectors and Station Managers who have been disciplined, receiving a lower level of punishment than that stipulated for the Director of the Highway Management Company in Article 16.
Article 18. Forms of Disciplinary Action for General Directors of the Highway Management Zone and Directors of the Department of Transport (Public Works)
Failure to complete the tasks specified in Article 10 shall result in disciplinary action according to the Civil Servant Law based on the severity of the violation; they must also bear joint liability:
1. Reprimand when:
a) Two Station Managers under their management being dismissed;
b) One Director of a Company being warned due to fee collection activities.
2. Warning when:
a) Two or more instances of Station Managers under their management being criminally prosecuted for offenses related to fee collection activities occurring;
b) One Director of a Company being removed from position due to fee collection activities.
3. Be dismissed from office when:
a) Three or more instances of Station Managers being criminally prosecuted for offenses related to fee collection activities occurring.
b) One Director of a Company being punished according to the decision of the court for offenses related to fee collection activities.
Article 19. Forms of Handling for Leaders of the Vietnam Highway Administration
With the function of specialized management over highway toll collection work, leaders of the Vietnam Highway Administration and leaders of the advisory bodies of the Administration must jointly bear indirect responsibility and be subject to handling according to their individual responsibilities and the severity of the handling of subordinates in the management and operation activities of toll stations.
1. Director, Deputy Director: shall be criticized, reprimanded, warned, demoted in rank or salary grade, or dismissed from office depending on the nature and severity of the violation.
2. Leaders of the advisory bodies of the Vietnam Highway Administration assigned the tasks of monitoring, directing, and inspecting: shall be reprimanded, warned, demoted in rank or salary grade, or dismissed from office depending on the nature and severity of the violation.
PART D:
THẨM QUYỀN XỬ LÝ VI PHẠM
Article 20. Authority to Handle Violations
1. The Minister of Transport decides on disciplinary action against the Director, Deputy Director of the Vietnam Highway Administration, General Director, Deputy General Director of the Highway Management Zone.
2. The Chairman of the People's Committee of provinces and centrally governed cities decides on disciplinary action against the Director, Deputy Director of the Department of Transport (Public Works).
3. The Director of the Vietnam Highway Administration decides on disciplinary action against:
a) Leaders and staff of the advisory bodies of the Administration;
b) Directors and Deputy Directors of Highway Management Companies under the management of the Administration.
4. The General Director of the Highway Management Zone decides on disciplinary action against:
a) Leaders and staff of the advisory bodies of the Zone;
b) Toll station directors of highway toll stations under the management of the Zone.
5. The Director of the Department of Transport (Public Works) decides on disciplinary action against:
a) Leaders and staff of the advisory bodies of the Department;
b) Directors and Deputy Directors of Highway Management Companies;
c) Toll station directors of highway toll stations under the management of the Department.
6. The Director of the Highway Management Company decides on disciplinary action against:
a) Leaders and staff of the advisory departments of the Company;
b) Deputy Toll Station Directors, Shift Leaders, Team Leaders, and employees of highway toll stations under the management of the Company.
7. The procedure for deciding on disciplinary action shall be carried out in accordance with current laws.
Chapter 4:
IMPLEMENTATION
Article 21. The Director of the Vietnam Highway Administration, the General Director of the Highway Management Zone, and the Director of the Department of Transport (Public Works) responsible for managing state-owned toll stations shall disseminate this Regulation to subordinate units for implementation.
Article 22. The Director of the Vietnam Highway Administration, the Inspector General of the Ministry, the Head of the Cadre Organization and Labor Department, and the Head of the Finance and Accounting Department shall be responsible for inspecting and organizing the implementation of this Regulation.
Annually, the Director of the Vietnam Highway Administration shall be responsible for reporting to the Minister of Transport on the implementation of this Regulation.
During the implementation process, if there are difficulties, organizations and individuals involved shall report in writing to the Ministry of Transport for consideration and resolution.
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