Decision No. 35/2018/QĐ-TTg stipulates the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration under the Ministry of Transport.

Pursuant to …;

REGULATIONS ON THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE VIETNAM HIGHWAY ADMINISTRATION UNDER THE MINISTRY OF TRANSPORT

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to Decree No. 123/2016/ND-CP dated September 1, 2016 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Minister of Transport;

The Prime Minister issues this Decision to regulate the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration under the Ministry of Transport.

Article 1. Position and Functions

The Vietnam Highway Administration is an organization directly under the Ministry of Transport, performing the function of advising and assisting the Minister of Transport in state management and enforcement of laws on road transport throughout the country; organizing the provision of public services related to road transport according to the provisions of the law.

The Vietnam Highway Administration has legal personality, its seal bearing the National Emblem, a separate account at the State Treasury, and its headquarters in Hanoi City.

b) Draft five-year and annual socio-economic development plans for the province; major economic and social balances for the province; draft five-year and annual plans, programs, projects, measures to organize and implement tasks related to socio-economic development, finance-budget, planning-investment, and other tasks within the scope of state management of the Department of Finance as prescribed by law;

1. Draft for the Minister of Transport (hereinafter referred to as the Minister) to submit to the competent authority for approval or to issue within his/her jurisdiction:

b) Strategies, plans, long-term, medium-term, annual programs, national projects, development programs for road transport throughout the country.

2. Develop national standards, technical regulations, and economic-technical norms specific to road transport, submit to the Minister for issuance within his/her jurisdiction or for the Minister to propose to the competent authority for examination and promulgation; organize the development and promulgation of basic standards specific to road transport.

3. Direct, inspect, and organize the implementation of legal normative documents, mechanisms, policies, strategies, national programs, plans, programs, and projects on road transport after being approved or issued by the competent authority.

4. Organize the dissemination, popularization, and education of laws on road transport.

5. Regarding investment construction, operation, and maintenance of road infrastructure:

a) Develop and submit to the Minister for issuance or for the Minister to submit to the competent authority for issuance mechanisms to generate capital and regulations on construction, management, operation, and maintenance of road infrastructure;

b) Develop and submit to the Minister for decision on classification and adjustment of the national highway system; regulations on connecting to roads; regulations on weight limits and dimensions of roads and announce weight limits and dimensions of national highways; regulations on traffic signs; regulations on speed limits and placement of speed limit signs; organization and operation of vehicle weight inspection stations; regulations on issuing permits for oversized, overweight vehicles, tracked vehicles, and vehicles transporting exceptionally long and heavy cargo, and organize their implementation;

c) Decide on investment and principal investors of road construction projects according to the law and the delegation of the Minister;

d) Organize traffic on the national highway system, ensuring safe and smooth traffic; manage, operate, and maintain the road infrastructure on national highways managed by the General Department;

đ) Guide the management, maintenance, operation, and organization of local road traffic; compile the situation of the development of the local road system nationwide;

e) Develop unit prices for products and public services in managing and maintaining national highways; submit to the Minister for issuance of a framework price for regular maintenance of infrastructure assets under the Ministry's management;

g) Coordinate with relevant agencies and local authorities to protect road infrastructure and road safety zones;

h) Organize bidding, placing orders, or assigning plans for production and supply of products and public services in managing and maintaining national highways according to the law;

i) Manage road construction projects under the public-private partnership model according to the law and the delegation of the Minister;

k) Manage the quality and maintenance of road construction projects according to the law and the delegation of the Minister.

6. Regarding management of expressways:

a) Organize the development and submission to the Minister for issuance or for the Minister to submit to the competent authority for issuance mechanisms and policies on management, operation, and maintenance of expressways;

b) Organize the operation of traffic management systems; manage, operate, maintain, ensure traffic safety, and protect the infrastructure of assigned expressway routes; guide the management, operation, and maintenance of expressway construction projects nationwide;

c) Mobilize investment sources, manage investment projects; monitor and supervise the implementation of management, operation, and maintenance contracts for expressway construction projects according to the delegation of the Minister.

7. Regarding management of motor vehicles and drivers of motor vehicles on roads (excluding motor vehicles and drivers serving defense and security purposes):

a) Develop and submit to the Minister for issuance regulations on training, examination, issuance, renewal, and revocation of driving licenses for drivers of motor vehicles; regulations on issuing certificates of traffic law knowledge enhancement for special-purpose motorcycle drivers participating in traffic; guide the implementation;

b) Develop and submit to the Minister for issuance national technical regulations for driving test centers; implement, guide, and inspect the issuance of certificates for driving test centers for motor vehicles meeting the conditions for operation according to the law;

c) Print, distribute, guide, and manage the use of driving licenses and certificates of traffic law knowledge enhancement for special-purpose motorcycle drivers nationwide;

d) Manage training, examination, and issuance of driving licenses for motor vehicles and certificates of traffic law knowledge enhancement for special-purpose motorcycle drivers participating in traffic according to the delegation of the Minister.

d) Manage the training, examination, issuance of licenses for driving motor vehicles on roadways and certificates for updating legal knowledge for operators of specialized motorcycles participating in road traffic according to the分级 of the Minister;

d) Organize the registration of specialized motorcycles participating in road traffic;

e) Coordinate in developing technical standards and regulations for transportation vehicles and equipment;

g) Organize the issuance of permits for vehicles exceeding weight limits, size restrictions of roads, and caterpillar vehicles causing damage to road surfaces; issue permits for accompanying forces and equipment of road transport vehicles to carry out search and rescue operations as prescribed by law;

8. On management of road transport:

a) Develop and submit to the Minister regulations on organizing and managing road transport activities, supporting services for road transport, and approve international cooperation programs and plans in road transport;

b) Develop and submit to the Minister for submission to the competent authority for approval proposals for signing or joining international treaties on road transport; organize the issuance of international road transport permits according to international treaties and agreements on road transport as classified by the Minister;

c) Manage road transport activities and supporting services for road transport as prescribed by law; manage bus passenger transport routes as assigned by the Minister;

d) Guide and inspect the implementation of conditions for operating road transport businesses and regulations on supporting services for road transport; guide the organization of collective economic development in road transport;

đ) Coordinate in developing pricing frameworks for freight rates, loading and unloading, and other monopoly-operated supporting services for road transport, as well as those subsidized by the State or entrusted to enterprises;

9. VRoad safety:

a) Develop and submit to the Minister projects and solutions to ensure traffic order and safety; guide and inspect the implementation of measures to ensure road traffic safety as prescribed by law;

b) Implement work to prevent, combat, respond to emergencies, and coordinate search and rescue operations in road traffic as assigned by the Minister;

c) Guide, inspect, and coordinate the implementation of work to control the load capacity of road transport vehicles nationwide;

d) Organize the assessment of traffic safety in road construction, management, and maintenance;

đ) Organize inspections and checks on occupational safety and health; organize investigations into labor accidents occurring on road transport vehicles as prescribed by law;

10. On environmental protection in road transport:

a) Organize the preparation and submission to the competent authority for review and approval strategic environmental assessments, environmental impact assessments, and environmental protection commitments for planning, programs, and projects to develop road transport infrastructure as prescribed by law;

b) Implement programs, projects, plans, and schemes on environmental protection in the construction, management, and maintenance of road transport infrastructure within its jurisdiction;

11. Implement international cooperation in road transport as classified by the Minister;

12. Research, apply scientific progress and transfer technology in the field of road transport; build and implement programs and projects on the application of information technology, database construction, and information service provision to support state management in the field of road transport;

13. Conduct specialized inspections in road transport, handle violations of laws, resolve complaints and denunciations, and implement anti-corruption, thrift, and negativity prevention as prescribed by law;

14. Manage organizational structures, civil servants, public officials, and workers as prescribed by law and classified by the Minister; implement systems, policies, commendations, disciplinary actions, training, and professional development for civil servants, public officials, and workers as prescribed by law and classified by the Minister;

15. Manage finances, assets, and other resources allocated as prescribed by law and classified by the Minister;

16. Perform other tasks and powers delegated by the Minister and as prescribed by law;

Article 3. Organizational Structure

1. Department of Planning and Investment;

2. Department of Finance;

3. Department of Traffic Safety;

4. Department of Road Management and Maintenance;

5. Department of Science, Technology, Environment, and International Cooperation;

6. Department of Transport;

7. Department of Vehicle and Driver Management;

8. Department of Organization and Administration;

9. Department of Legal Affairs and Inspection;

10. Directorate of Road Construction Management;

11. Directorate of Road Management I;

12. Directorate of Road Management II;

13. Directorate of Road Management III;

14. Directorate of Road Management IV;

15. Northern Transportation College;

16. Southern Transportation College;

17. Mechanical Road College;

18. Thang Long Transportation College;

19. Road Communication and Information Center;

20. Road Technical Center;

The organizations from Clause 1 to Clause 14 of this Article assist the General Director in performing state management functions; the organizations from Clause 15 to Clause 20 of this Article are affiliated units under the General Department;

The Directorate of Road Management I has 04 divisions, 01 team, 08 branches, and 01 Road Technical Center. The Directorate of Road Management II has 04 divisions, 01 team, 06 branches, and 01 Road Technical Center. The Directorate of Road Management III has 04 divisions, 01 team, 05 branches, and 01 Road Technical Center. The Directorate of Road Management IV has 04 divisions, 01 team, 07 branches, 01 Road Technical Center, and the Van Cong Ferry Complex. The Directorate of Road Construction Management has an Office and 04 divisions;

The General Director of the Vietnam Highway Administration shall stipulate the functions, tasks, powers, and organizational structure of the units under the General Department;

Article 4. Leadership of the General Department

1. The Vietnam Highway Administration has a General Director and not more than 04 Deputy General Directors;

The General Director and Deputy General Directors of the Vietnam Highway Administration are appointed, relieved, transferred, or reassigned by the Minister of Transport as prescribed by law;

2. The General Director of the Vietnam Highway Administration is responsible before the Minister of Transport and the law for all activities of the General Department. Deputy General Directors of the Vietnam Highway Administration are responsible before the General Director and the law for the areas of work they are assigned to manage.

3. The Director of the Vietnam Highway Administration shall appoint and relieve from duty the leadership and management positions within the Administration in accordance with the provisions of the law and the delegation of authority by the Minister of Transport.

Article 5. Effectiveness and Responsibility for Implementation

1. By 2020, the Ministry of Transport shall implement the shareholding reform of highway technical centers; reorganize secondary vocational schools under the Vietnam Highway Administration in accordance with Resolution No. 19-NQ/TW dated October 25, 2017 of the Sixth Plenary Session of the Central Committee of the Communist Party of Vietnam's Twelfth Congress on continuing to innovate organizational structures and management, improving the quality and efficiency of operations of public service units and Decision No. 208/QĐ-TTg dated February 3, 2016 of the Prime Minister approving the network planning of public service units under the Ministry of Transport until 2020, with a vision to 2030.

2. This Decision shall take effect from October 1, 2018 and replace Decision No. 60/2013/QĐ-TTg dated October 21, 2013 of the Prime Minister stipulating the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration under the Ministry of Transport.

3. The Minister of Transport, ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, chairpersons of provincial people's committees directly under the central government, and the Director of the Vietnam Highway Administration are responsible for implementing this Decision./.