Circular No. 32/2016/TT-BGTVT amending and supplementing certain articles of Circular No. 02/2014/TT-BGTVT dated February 25, 2014, issued by the Minister of Transport on the specialized inspection procedures, administrative penalty for violations; planning work, reporting system, and internal management of the Transport Inspection Department.

CIRCULAR

Amending and supplementing some articles of Circular No. 02/2014/TT-BGTVT dated February 25, 2014, issued by the Minister of Transport on the inspection procedures, administrative penalty enforcement; planning work, reporting system, and internal management of the Transport Industry Inspection Department.

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On the basis of Law on Inspection dated November 15 in 2010;

PURSUANTn cứ Law on Handling FUNCTION Administrative Violations dated June 20, 2012;

On the basis of Decree No. 107/2012/NĐ-CP dated December 20, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

On the basis of Decree No. 86/2011/NĐ-CP dated September 22, 2011 promulgated by the Government detailing and guiding the implementation of certain provisions of the Law on Inspection;THIS CIRCULAR REGULATES PRICES FOR HEALTH QUARANTINE AND PREVENTIVE HEALTH SERVICES AT STATE-FUNDED PUBLIC HEALTH FACILITIES. Article of the Inspection Law;

On the basis of Decree No. 07/2012/NĐ-CP dated February 9, 2012, promulgated by the GovernmentGovernment stipulating about agencies entrusted to perform specialized inspection functions and specialized inspection activities;

On the basis of Decree No. 57/2013/NĐ-CP dated May 31, 2013 promulgated by the Government stipulating about organization and operation of the Transport Industry Inspection Department;

On the basis of Decree No. 81/2013/NĐ-CP dated July 19, 2013 promulgated by the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations; violation actc) Supplementing point c of Clause 3 as follows:

At the proposal of the Inspector General of the Ministry of Transport;

The Minister of Transport hereby issues this Circular amendingand supplementing some articles of Circular No. 02/2014/TT-BGTVT dated February 25, 2014, issued by the Minister of Transport stipulating the inspection procedures, administrative penalty enforcement; planning work, reporting system, and internal management of the Transport Industry Inspection Department.Article 1. Amending and supplementing some articles of Circular No. 02/2014/TT-BGTVT dated February 25, 2014, issued by the Minister of Transport stipulating the inspection procedures, administrative penalty enforcement; planning work, reporting system, and internal management of the Transport Industry Inspection Department.1. Amending and supplementing Article 17; Point b Clause 1 of Article 17 as follows:"Article 17. Preparing the administrative violation record 1. When the violation act has been clearly identified, the authorized person shall prepare the administrative violation record, specifically as follows:

b) During the inspection process in a team, the Team Leader directs the members of the inspection team who are inspectors, inspection officials, or other authorized persons to prepare the administrative violation record according to the law. In necessary cases, the Team Leader prepares the administrative violation record directly.”2. Supplementing Point d Clause 1 of Article 18 as follows: “d) Cases of administrative violations recorded by traffic officers assigned to patrol duties shall be transferred to the local authority where the violation occurred or the Transport Department Inspectorate (for violations occurring on provincial or national roads managed by the locality) or the Highway Administration Regional Office (for violations occurring on expressways or national roads not delegated to localities for management) for decision on administrative penalties.”

"Article 22. Preparing and managing files

1. Administrative violation cases that have been recorded must be prepared into a file and stored according to the law. The file includes: administrative violation record, administrative penalty decision, other records and decisions (if any), related documents and papers, and must be indexed.

2. The record for returning licenses and certificates revoked in administrative penalties in the transport sector shall be prepared according to Model No. 5 specified in Appendix II of this Circular.

3. A list of violation cases, time of recording, violation errors, time of issuing penalty decisions, and the return of documents must be recorded in a tracking book as stipulated in Clause 2 of Article 27 of this Circular."

4. Amending and supplementing Clause 3, Clause 4 of Article 25 as follows:

"3. Reporting periods and deadlines

3. AMEND AND SUPPLEMENT Article 22 AS FOLLOWS:

a) Monthly report: the reporting period from the 16th of the previous month to the 15th of the reporting month; data entry into the inspection activity reporting software (tInspect) from the 16th to the 18th of the reporting month.

b) Quarterly report: the reporting period from the 16th of the last month of the previous quarter to the 15th of the last month of the reporting quarter; submitted to the Ministry Inspectorate before the 18th of the last month of the quarter.

c) Six-monthly report: the reporting period from December 16 of the previous year to June 15 of the reporting year; submitted to the Ministry Inspectorate before June 18.

d) Nine-monthly report: the reporting period from December 16 of the previous year to September 15 of the reporting year; submitted to the Ministry Inspectorate before September 18.

đ) Annual summary report: the reporting period from December 16 of the previous year to December 15 of the reporting year; submitted to the Ministry Inspectorate before December 18 of the reporting year.

e) The Ministry Inspectorate compiles and reports to the Minister and the State Inspectorate according to the regulations of the State Inspectorate.

a) Written reports for quarterly, six-monthly, nine-monthly, and annual summary reports;

b) Data entry into the tInspect software for monthly reports.”

5. Amending Point b Clause 3 of Article 26 as follows:

"b) The administrative penalty decision bears the seal of the competent authority with the power to decide on penalties. If the authorized person to impose penalties does not have a leadership position to affix the seal directly on the signature according to the regulations, the penalty decision shall bear the seal of the authority managing the decision maker at the top left corner of the decision, where the name of the penalizing agency and the number, code of the decision are recorded. The sealing shall be carried out according to the regulations on seal management and use.”

6. Amending Clause 2 of Article 27 as follows:

“2. The tracking book shall be established on paper or computer and must be fully, clearly, and accurately recorded or updated with information according to the regulations for each model; documents in the inspection, audit, and administrative penalty files must be indexed, managed, and stored scientifically.

4. Forms of Reporting:

a) The tracking book for independent inspections shall be carried out according to Model No. 1 specified in Appendix IV of this Circular.

b) The tracking book for handling administrative violations shall be carried out according to Model No. 2 specified in Appendix IV of this Circular.”

7. Supplementing Model No. 5 into Appendix II of Circular No. 02/2014/TT-BGTVT.

"b) The administrative penalty decision bearing the seal of the competent authority with the power to decide on penalties shall be stamped directly on the signature according to regulations. In cases where the authorized person to impose penalties does not have a leadership title, the administrative penalty decision shall be stamped with the seal of the managing agency at the top left corner of the decision, where the name of the penalizing agency and the number, code of the administrative penalty decision are recorded. The stamping process must comply with the provisions of the law on management and use of seals."

6. Amend Clause 2 of Article 27 as follows:

“2. The logbook shall be established on paper or on a computer and must be fully, clearly, and accurately recorded or updated with all information as prescribed for each logbook model; documents in the inspection, examination, and administrative violation handling file must be indexed, managed, and stored scientifically.

a) The logbook for conducting independent inspections shall be carried out according to Model No. 1 stipulated in Appendix IV of this Circular.

b) The logbook for handling administrative violations shall be carried out according to Model No. 2 stipulated in Appendix IV of this Circular.”

7. Add Model No. 5 to Appendix II of Circular No. 02/2014/TT-BGTVT.

Article 2. Effective Date

This Circular takes effect from January 1, 2017.

Article 3. Implementation Organization

The Head of the Ministry’s Office, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Highway Administration, the Directors of the Vietnam Railway Administration, the Vietnam Inland Waterways Administration, the Vietnam Maritime Administration, the Civil Aviation Administration, the Directors of Provincial Departments of Transport under central cities and provinces, the Heads of agencies, organizations, and individuals related to this Circular shall be responsible for its implementation./.