Decision No. 33/2008/QD-BGTVT stipulates the functions, tasks, powers, and organizational structure of the Vietnam Railway Administration.

DECISION OF THE MINISTER OF TRANSPORT

On the functions, tasks, powers, and organizational structure of the Vietnam Railway Administration

MINISTER OF TRANSPORT

Pursuant to Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government on the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

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;

Considering the proposal of the Director of the Vietnam Railway Administration and the Head of the Personnel Department,

DECISION:

Article 1. Position and Functions

The Vietnam Railway Administration is a subordinate organization under the Ministry of Transport, performing the function of state management in the specialized field of railway transport throughout the country.

The Vietnam Railway Administration has legal personality, possesses a seal, receives funding from the state budget, opens accounts at the State Treasury, and has its headquarters located in Hanoi City.

The Vietnam Railway Administration's name in English is: VIETNAM RAILWAY ADMINISTRATION; abbreviated as: VRA.

Article 2. Tasks and Powers

1. Develop and submit to the Minister of Transport strategic plans, master plans, long-term plans, five-year plans, annual plans, programs, projects, and proposals for national development in railway transport throughout the country according to the division of labor by the Minister; participate in drafting or contribute opinions on strategies, master plans, plans, policies, programs, and projects in other fields related to railway transport according to the division of labor by the Minister of Transport.

2. Develop and submit to the Minister of Transport legal regulatory documents on railways; issue other documents on railways within their authority; participate in drafting laws and other legal regulatory documents related to railways.

3. Regarding the establishment of technical standards and regulations:

a) Organize the construction of the national technical regulation system and national standards on railway infrastructure and railway transportation operations, submit to the Ministry of Transport for issuance within their authority or propose to competent state agencies for review and publication;

b) Participate with the Vietnam Vehicle Inspection Agency in constructing the national technical regulation system and national standards on railway vehicles;

c) Participate in drafting or contributing opinions on technical standards and regulations in other fields related to railways.

4. Regarding implementation and dissemination of laws:

a) Organize the implementation and inspection, guidance to organizations and individuals participating in railway activities to comply with legal provisions on railways;

b) Organize the implementation and inspection, supervision of the execution of strategies, master plans, plans, and national projects on railway transport development that have been approved by competent authorities according to the division of labor by the Minister of Transport;

c) Take the lead or coordinate in organizing information dissemination, promotion, and popularization of laws on railway transport to entities participating in railway activities and communities where railways pass through.

5. Regarding infrastructure:

a) Organize the implementation of the duties and powers of the investment decision-making agency and the project owner for investment construction projects of railway infrastructure using state budget funds according to the division of labor and delegation by the Minister of Transport;

b) Perform the duties of the competent state management agency for BT, BOT, BOO, BTO projects according to the delegation by the Minister of Transport;

c) Review and submit to the Ministry of Transport for approval and allocation of annual plans for maintenance of national railway infrastructure funded by the state; organize inspections and supervision of the management and maintenance work of enterprises operating railway infrastructure;

d) Organize the construction of certain economic-technical norms specifically applicable in the construction, management, and maintenance of railway infrastructure, submit to competent authorities for consideration and publication;

đ) Lead in formulating regulations on fees, methods of collecting fees for the use of railway transportation infrastructure, traffic control fees, and rental prices for the use of railway transportation infrastructure, submit to competent authorities for approval;

e) Coordinate in reviewing, evaluating, and submitting to the Ministry of Transport for publication the technical grades of railway lines, sections, and stations;

g) Inspect and supervise the issuance of permits for construction and operation within railway land areas, establishment, upgrading, and renovation of level crossings, and construction, renovation, and upgrading of railway stations and tracks;

h) Issue permits for connecting urban rail lines, dedicated rail lines to the national railway network according to the division of labor and delegation by the Ministry of Transport;

i) Participate in approving final accounts of public goods products and services funded from railway economic enterprise capital and other economic enterprises.

6. Regarding railway transportation vehicles:

a) Participate with the Vietnam Vehicle Inspection Agency in reviewing technical designs for railway transportation vehicles before production, assembly, repair, or modification;

b) Organize the management and issuance of registration certificates for railway transportation vehicles operating on national railways, urban railways, and dedicated railways connected to the national railway network.

7. Regarding railway staff directly serving train operations:

a) Develop training content and programs for positions of railway staff directly serving train operations, submit to competent authorities for approval;

b) Inspect and guide training institutions in implementing legal provisions on training content and programs for positions of railway staff directly serving train operations;

c) Organize the implementation of regulations on examination, issuance of driving licenses;

d) Develop national occupational skill standards for specific occupations in the railway sector, submit to competent authorities for promulgation.

8. Regarding transportation activities:

a) Participate in drafting policies and mechanisms to encourage and support the development of railway transportation and multimodal transportation to meet domestic and foreign needs;

b) Guide and inspect railway transportation business activities and supporting railway transportation service activities in accordance with legal provisions;

c) Chair the review and submit to the Minister of Transport for the announcement of the opening and closing of railway routes, sections, areas, and railway stations of the national railway;

d) Guide businesses engaged in transportation operations and railway stations participating in international combined transport to perform their rights and obligations according to international agreements and treaties to which Vietnam has acceded;

9. On traffic safety:

a) Develop regulations related to the management of railway traffic safety to be submitted to the competent authority for issuance;

b) Develop and implement comprehensive plans and projects to ensure railway traffic safety as assigned by the Minister of Transport; inspect the implementation of measures to ensure railway traffic safety;

c) Organize the examination of conditions and issue safety certificates to railway business enterprises;

d) Participate in the Flood Control and Search and Rescue Steering Committee of the Ministry of Transport; participate in directing flood control and search and rescue activities in the railway sector;

đ) Participate in investigating and handling incidents and accidents in railway traffic;

10. Regarding science and technology:

a) Participate in building and submitting to the Minister of Transport for approval the scientific and technological plan of the railway sector;

b) Manage the implementation of scientific and technological topics in the railway sector funded by the state budget for scientific and technological affairs as assigned by the Ministry of Transport;

c) Organize the implementation of research and application of scientific and technological progress in the railway sector; coordinate the organization of acceptance of new technology application topics and projects in the railway sector;

11. Regarding environmental protection:

a) Develop regulations related to the management of environmental protection in railway traffic operations to be submitted to the competent authority for issuance;

b) Develop tasks and plans for environmental protection in the railway sector to be submitted to the competent authority for approval;

c) Manage the implementation of environmental protection topics and projects in the railway sector funded by the state budget for environmental protection as assigned by the Ministry of Transport;

d) Participate in reviewing Strategic Environmental Assessment (SEA) reports and Environmental Impact Assessment (EIA) reports for projects in the railway sector or those related to railways;

đ) Participate in inspecting and guiding the implementation of environmental protection laws in the railway sector;

12. Regarding international cooperation:

a) Build and submit to the Minister of Transport for approval programs and plans for international cooperation in the railway sector; chair or participate in negotiations to sign, join international treaties, agreements, and organizations in the railway sector as assigned by the Ministry of Transport;

b) Organize negotiations and sign annual railway border protocols with the national railway management agency of countries connected to the Vietnamese railway system under the authorization of the Minister of Transport;

c) Organize the implementation of international treaties and agreements in the railway sector according to the level of management;

d) Recommend personnel to be appointed by the Minister of Transport to participate in international cooperation organizations in the railway sector; manage and direct the activities of these members during their term of office;

đ) Organize other international cooperation activities within the scope of authority;

13. Regarding inspection and supervision:

a) Inspect and supervise the handling of complaints, accusations, anti-corruption, thrift, and waste prevention for organizations and individuals under the management of the Bureau;

b) Inspect, supervise, and handle violations of railway transportation laws for organizations and individuals in the implementation of legal provisions within the scope of authority;

14. Guide and create conditions for associations and non-governmental organizations to participate in railway transportation activities in accordance with the law;

15. Develop and implement the administrative reform program of the Bureau in accordance with the objectives and content of the State administrative reform program of the Ministry of Transport; submit to the Minister of Transport for decision on the delegation of management functions and powers in railway transportation;

16. Develop and submit to the Minister of Transport for approval the organizational structure and staffing of the Bureau suitable for the assigned tasks at each period; manage the organizational structure and staffing assigned; implement salary systems and policies for civil servants, public officials, and employees under the Bureau's jurisdiction; implement training and development to build a cadre of civil servants, public officials, and employees under the Bureau;

17. Review and submit to the Minister of Transport for approval the unit prices of public service products and services in the railway sector as prescribed by the state;

18. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with regulations; organize the collection of fees and charges as prescribed by law;

19. Directly interact with relevant state management agencies to perform functions, tasks, and authorities assigned by law and delegated by the Minister of Transport;

20. Perform other tasks assigned by the Minister of Transport;

Article 3. Supporting organizations for the Director of the Bureau

1. Personnel Organization Department;

2. Planning and Investment Department;

3. Finance Department;

4. Legal Affairs and International Cooperation Department;

5. Transportation and Traffic Safety Department;

6. Basic Construction Department;

7. Science, Technology, and Environment Department;

8. Infrastructure Structure Department;

9. Office;

10. Inspectorate.

Article 4. Leadership of the Bureau

1. The Vietnam Railway Administration has a Director who is the head, responsible before the Minister of Transport and the law for all activities of the Vietnam Railway Administration; assisting the Director are Deputy Directors, responsible before the Director and the law for the tasks assigned by the Director;

2. The Director of the Vietnam Railway Administration is appointed and relieved of duty by the Minister of Transport;

3. Deputy Directors of the Vietnam Railway Administration are appointed and relieved of duty by the Minister of Transport upon the recommendation of the Director of the Vietnam Railway Administration.

Article 5. Effectiveness

1. This Decision shall take effect fifteen days after its publication in the Official Gazette; it abolishes Decision No. 1891/2003/QĐ-BGTVT dated July 1, 2003 of the Minister of Transport on the functions, tasks, powers, and organizational structure of the Vietnam Railway Administration.

2. The Heads of the Office, Inspectorate, Department Heads, Director of the Vietnam Railway Administration, and Heads of agencies and organizations under the Ministry are responsible for implementing this Decision./.