Decree No. 34/2003/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Transport

DECREE

Article specifies the functions, tasks, authorities, and organizational structure of the Ministry of Transport as an agency of the Government responsible for managing state affairs in road, railway, inland waterway, maritime, and air transport nationwide; managing public services and representing state ownership interests in enterprises with state capital under the Ministry's management as prescribed by law.Ministry of Transport

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to Resolution No. 02/2002/QH11 dated August 5, 2002 of the National Assembly of the Socialist Republic of Vietnam, the eleventh session, first meeting, listing the ministries and ministerial-level agencies of the Government;

Pursuant to Decree No. 86/2002/ND-CP dated November 5, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;
At the proposal of the Minister of Transport and the Minister of Public Security,

DECREE:

Article 1. Position and Functions

The Ministry of Transport is responsible for performing the tasks and authorities stipulated in Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government on the functions, tasks, authorities, and organizational structure of ministries and ministerial-level agencies, and the following specific tasks and authorities:

Article 2. Tasks and Powers

1. Submit to the Government and the Prime Minister draft laws, ordinances, and other legislative documents concerning areas under the Ministry’s state management.

2. Submit to the Government and the Prime Minister strategies, plans for development, long-term plans, five-year plans, annual plans, national programs and projects, and other important works within the scope of the Ministry’s state management.

4. Direct, guide, inspect, and be responsible for implementing legislative documents and strategies after approval, and other legislative documents within the scope of the Ministry’s state management; disseminate information, promote, popularize, and educate the law regarding road, railway, inland waterway, maritime, and air transport.

3. Issuing decisions, directives, circulars within the scope of the Ministry's state management.

5. On transportation infrastructure:

a) Manage investment and construction for infrastructure projects under the Ministry's authority;

b) Organize implementation and be responsible for supervising and evaluating investment; inspecting the quality of infrastructure construction projects according to the law;

c) Organize technical design reviews, total budgets, project budgets for investment projects and infrastructure construction projects according to the classification;

d) Guide and inspect tendering, consulting, and construction work for infrastructure construction projects according to the law;

đ) Specify maintenance, management, and utilization of infrastructure; announce the opening and closing of seaports, river ports, airports, railway stations, and road, railway, inland waterway, maritime, and air traffic systems according to the law.

6. On transportation vehicles and specialized loading and construction equipment in transportation:

a) Specify types and operational scopes of motorized transportation vehicles (excluding motorized vehicles for security and defense purposes) and guide their organization and implementation;

b) Issue lists of transportation vehicles and specialized loading and construction equipment that must be registered; unify regulations on registration and issuance of license plates for railway, inland waterway, maritime, and air transportation vehicles and specialized motorcycles participating in transportation (excluding vehicles for security and defense purposes and fishing vessels);

c) Issue standards and regulations on quality and safety inspections of motorized transportation vehicles and specialized loading and construction equipment (excluding motorized vehicles for security and defense purposes);

d) Specify the review of technical designs and manufacturing technologies in the production, repair, and modification of transportation vehicles, specialized equipment, and construction equipment.

7. On training, examination, and issuing licenses for transportation vehicle drivers and operators of specialized equipment in transportation (excluding drivers and operators of specialized equipment for security and defense purposes):

a) Specify conditions, capabilities, professional standards that must be trained and examined for transportation vehicle drivers and operators of specialized equipment in transportation;

b) Specify and manage training, issuance of certificates, and professional licenses for transportation vehicle drivers and operators of specialized equipment in transportation;

c) Specify conditions and standards for establishing and operating training institutions and examination centers for transportation vehicle drivers and operators of specialized equipment in transportation;

d) Specify conditions and standards for trainers, examiners, and issuers of licenses for transportation vehicle drivers.

8. On transportation activities:

a) Issue or propose mechanisms and policies for developing transportation and related services according to its authority;

b) Specify the announcement of transportation routes and public transportation networks; issue rules, standards, procedures, and technological processes for operating and utilizing various modes of transportation;

c) Specify coordination among single-mode and multi-modal transportation processes to ensure cargo and passenger transportation needs between regions and international transportation;

d) Coordinate with the Ministry of Finance to specify price frameworks or tariffs for exclusive transportation services and those subsidized by the State or operated by enterprises;

đ) Coordinate with the Ministry of Public Security in checking security and safety in specialized transportation; specify safety inspection procedures for air transportation.

9. Take the lead, coordinate with relevant ministries, sectors, localities, and be responsible for organizing measures to ensure traffic safety related to areas directly managed by the Ministry.

10. Implement international cooperation in road, railway, inland waterway, maritime, and air transportation according to the law.

11. Organize and direct the implementation of scientific research plans and application of scientific and technological progress in road, railway, inland waterway, maritime, and air transportation.

12. Decide on specific policies and measures and direct the operation mechanism of public service organizations in transportation according to the law; manage and direct the activities of affiliated organizations under the Ministry.

12. Decide on specific policies, measures, and direct the implementation of operational mechanisms for public service organizations in the field of transportation in accordance with the provisions of the law; manage and direct the activities of scientific and technological organizations under the Ministry.

13. Perform the specific duties and powers of the state capital representative at state-owned enterprises in the transportation sector under the management of the Ministry as prescribed by law.

14. Manage state activities related to private economic organizations, collective economic organizations, associations, and non-governmental organizations in the transportation sector as prescribed by law.

15. Conduct inspections, audits, handle complaints, accusations, anti-corruption, and anti-extravagance measures, and process violations of laws concerning road, railway, inland waterway, maritime, and air transportation within the Ministry's jurisdiction.

16. Decide and direct the implementation of the Ministry’s administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister; submit to the Government for the decentralization of tasks in managing the transportation sector to local People's Committees.

17. Manage organizational structure and staffing; direct the implementation of salary systems and incentive policies, rewards, and disciplinary measures for civil servants and public officials under the Ministry's jurisdiction; provide professional training and development for cadres, civil servants, and public officials in the transportation sector.

18. Manage finances and assets assigned and organize the implementation of allocated budgets in accordance with the provisions of the law;

Article 3. Organizational Structure of the Ministry

a) Organizations assisting the Minister in performing state management functions:

1. Department of Planning and Investment;

2. Department of Finance;

3. Legal Affairs Department;

4. Department of Transport;

5. Department of Science and Technology;

6. International Cooperation Department;

7. Department of Organization and Cadres;

8. Inspectorate;

9. Office;

10. Vietnam Road Administration;

11. Vietnam Railway Administration;

12. Vietnam Inland Waterways Administration;

13. Vietnam Maritime Administration;

14. Vietnam Civil Aviation Administration;

15. Vietnam Inspection and Certification Agency;

16. Quality Control and Supervision Bureau of Transportation Projects.

The Minister of Transport shall submit to the Prime Minister for approval the functions, duties, powers, and organizational structure of the Vietnam Maritime Administration and the Vietnam Civil Aviation Administration.

b) Scientific and Technological Organizations under the Ministry:

1. Institute of Science and Technology for Transport;

2. Institute of Transport Strategy and Development;

3. Marine University;

4. Ho Chi Minh City University of Transport;

5. Information Technology Center;

6. Health Service of Transport;

7. Transport News;

8. Transport Journal.

The Minister of Transport shall take the lead and coordinate with the Minister of Home Affairs to develop a restructuring plan for other existing affiliated organizations under the Ministry (Training and Cadre Development School for the Transport Sector; colleges, vocational schools, and technical schools), and submit it to the Prime Minister for approval.

Article 4. Effectiveness

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces 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; Decree No. 239/HĐBT dated June 29, 1992 of the Council of Ministers on the establishment of the Vietnam Maritime Administration; Decision No. 31/TTg dated February 2, 1993 of the Prime Minister on the issuance of the Regulations on the organization and operation of the Vietnam Maritime Administration; Decree No. 07/CP dated January 30, 1993 of the Government on the establishment of the Vietnam Road Administration; Decree No. 08/CP dated January 30, 1993 of the Government on the establishment of the Vietnam Inland Waterways Administration; Decree No. 68/CP dated October 25, 1995 of the Government on the functions, duties, powers, and organizational structure of the Vietnam Civil Aviation Administration; Decision No. 75/TTg dated February 3, 1997 of the Prime Minister on the tasks, powers, and organizational structure of the Vietnam Inspection and Certification Agency, and any previous legal provisions that conflict with this Decree.

Article 5. Responsibility for Implementation

The Minister of Transport, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, and chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree.