Decision No. 38/2004/QD-BGTVT promulgates regulations on responsibilities and forms of handling for organizations and individuals when violating in the management and maintenance of road traffic infrastructure.

 

Pursuant to …;

Issuing Regulations on Responsibilities and Forms of Handling for Organizations and Individuals when Violating in Management and Maintenance of Road Traffic Infrastructure

THE MINISTER OF TRANSPORTATION

Pursuant to the Labor Code dated June 23, 1994 and the Law Amending and Supplementing Certain Provisions of the Labor Code dated April 12, 2002;

Pursuant to the Road Traffic Law dated June 29, 2001;

Pursuant to the Civil Servants Ordinance dated February 26, 1998 and the Ordinance Amending and Supplementing Certain Provisions of the Civil Servants Ordinance dated April 28, 2000;

Pursuant to Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport.

Upon the proposal of the Director of the Vietnam Highway Administration, the Heads of the Personnel Department and the 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 in Management and Maintenance of Road Traffic Infrastructure.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette and shall replace Decision No. 1510/2003/QĐ-BGTVT dated May 27, 2003 of the Minister of Transport.

Article 3. The Heads of the Office, the Inspectorate, the Heads of Departments, the Directors of the Vietnam Highway Administration, the Director of the Quality Control and Inspection Bureau, the Chairmen of Provincial People's Committees, the General Managers of Project Management Boards under the Ministry, the Directors of Transportation Departments (Transport and Public Works Departments), the Heads of agencies, units, and individuals concerned are responsible for implementing this Decision.

 

REGULATIONS ON RESPONSIBILITIES AND FORMS OF HANDLING FOR ORGANIZATIONS,

 

INDIVIDUALS WHEN VIOLATING IN MANAGEMENT, MAINTENANCE OF INFRASTRUCTURE

ROAD TRAFFIC

(Issued together with Decision No. 38/2004/QĐ-BGTVT dated December 24, 2004)

of the Ministry of Transport)

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Application

Article 1. These regulations determine responsibilities and forms of handling for organizations and individuals related to the management and maintenance of road traffic infrastructure on national highways funded by the State.

Article 2. Determination of responsibilities and forms of handling for organizations and individuals related to the management and maintenance of local road systems (provincial roads, urban roads, district roads, commune roads), specialized road systems, and roads constructed under the Build-Operate-Transfer (BOT) model shall be based on these regulations by the Chairmen of Provincial People's Committees and the Investors according to the specific management characteristics of each locality or organization with specialized roads or BOT roads.

Article 2. Applicability

Clause 1. The organizations referred to in Clause 1 of Article 1 of these regulations include:

a) The Vietnam Highway Administration, Highway Management Zones, Transportation Departments, Public Works and Transportation Departments (hereinafter collectively referred to as Transportation Departments), road management and repair units, ferry clusters, ferry terminals, pontoon bridges, highway management stations;

b) The Quality Control and Inspection Bureau, Project Management Boards, construction contractors.

Clause 2. The individuals referred to in Clause 1 of Article 1 of these regulations include:

a) The Director of the Vietnam Highway Administration; the General Manager of Highway Management Zones; the Director of Transportation Departments; the Director of road management and repair units; the Director of ferry clusters, ferry terminal managers (pontoon bridge managers); the Head of highway management stations, road maintenance workers, patrol officers;

b) The Director of the Quality Control and Inspection Bureau, the General Manager of Project Management Boards, heads of contractors.

Article 3. In addition to these regulations, the organizations and individuals mentioned in Article 2 must comply with other relevant laws and regulations.

Chapter II

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS

A. RESPONSIBILITIES OF ORGANIZATIONS

Article 4. Responsibilities of the Ministry of Transport

Clause 1. Develop strategies, plans, and policies for investment in developing road transport; develop and implement national programs on traffic safety and measures to ensure smooth and safe road traffic.

Clause 2. Take the lead or coordinate with ministries and sectors in drafting legal documents on road transport to submit to the Government or issue within their authority.

Clause 3. Coordinate with ministries, sectors, and local authorities in disseminating, popularizing, and educating about road transport laws.

Clause 4. Guide the management, maintenance, and protection of road transport infrastructure nationwide and directly organize the management, maintenance, and protection of road transport infrastructure on the national highway system.

Clause 5. Inspect, supervise, handle complaints and accusations, and deal with violations within their authority.

Article 5. Responsibilities of the Vietnam Highway Administration

Clause 1. Draft long-term and annual plans for managing and maintaining highways to be submitted to the Minister of Transport for approval; implement the approved plans.

Clause 2. Study and draft regulations on management and maintenance; economic and technical standards for highway maintenance to be submitted to the Ministry of Transport. Organize the implementation of legal documents on road transport.

Clause 3. Inspect, supervise, and handle within their authority the implementation of management and maintenance by road management and repair units, and the traffic assurance work of contractors working on operational highways.

Clause 4. Monitor, compile, and classify the condition of road transport infrastructure annually; organize inspections and testing of bridges and culverts on the national highway system.

Clause 5. Coordinate with local authorities to implement the protection of works and road corridors according to the management hierarchy.

Clause 6. Organize the issuance of construction permits and special circulation permits.

Clause 7. Draft plans for flood and storm prevention and organize timely repairs of road and bridge accidents.

Article 6. Responsibilities of Highway Management Zones and Transportation Departments

Clause 1. Draft annual plans for managing and maintaining highways to be submitted to the competent authority for approval and organize the implementation of management and maintenance of highways within their assigned jurisdiction.

Clause 2. Guide, inspect, and urge subordinate road management units to implement regulations in managing and maintaining highways.

Clause 3. Coordinate with local authorities to implement the protection of works and road corridors according to the management hierarchy.

Clause 4. Inspect, supervise, and handle within their authority the implementation of management and maintenance by road management and repair units, and the traffic assurance work of contractors working on operational highways within their assigned jurisdiction.

5. Implement storm and flood prevention and damage mitigation measures, ensure timely, smooth, and safe traffic rescue operations.

6. Store and preserve road infrastructure management files according to分级权限。

Article 7. Responsibilities of Road Management Units under the Road Management Zone and Department of Transport

1. Develop plans for managing and maintaining roads and road safety zones under their jurisdiction for submission to the Vietnam Highway Corporation (for national highways); submit to the People's Committee of the province or centrally governed city (for provincial and local roads).

2. Direct and manage patrol activities; promptly repair damaged bridges, culverts, and roads; organize traffic diversion to ensure traffic flow. In cases of severe damage beyond capacity, simultaneously ensure traffic and report to the immediate superior authority.

Closely cooperate with local authorities and road transport inspectors to protect transportation works and road safety zones.

3. Develop plans and measures for storm and flood prevention; organize prompt rescue and damage mitigation when incidents occur.

4. Participate in inspecting traffic safety for construction projects nearing completion and ready for handover and operation.

5. Conduct vehicle counts, classify bridges and roads, update their conditions, and report as required.

6. Establish management files, retain, store, and regularly supplement records and remediation measures for bridge and road damages. Manage files through both paper and computer software.

7. Recommend and propose solutions to superiors for issues encountered in road management and maintenance tasks.

Article 8. Responsibilities of Road Management Stations

1. Effectively implement road management and maintenance tasks. Inspect, urge, and supervise the implementation of assigned tasks by station teams and staff.

2. Organize patrols, conduct vehicle counts, update road conditions, and report to superiors as required.

3. Promptly inspect, handle, and report on information regarding road accidents and traffic incidents. In cases exceeding handling capacity, simultaneously ensure traffic and report to higher-level road authorities.

4. Closely cooperate with local authorities, police, and road transport inspectors in publicizing and mobilizing against encroachment and violations of road safety zones.

5. Retain and preserve road infrastructure management files according to分级权限。

6. Timely reflect to superiors any issues regarding maintenance policies and regulations.

Article 9. Responsibilities of Ferry Clusters, Ferry Piers (Floating Bridges)

1. Implement regular maintenance and periodic repairs for access roads, approach bridges, pontoons, piers, or pier heads, river navigation signals, and road signals to ensure safety for people and vehicles crossing rivers.

2. Ensure necessary lifesaving equipment. Floating vessels such as pontoons, ferries, buoys, and boats must be inspected according to schedule and always meet technical standards.

3. Organize and guide ferry masters, captains, crew members, and pier staff to strictly follow ferry operation procedures and relevant documents from the Ministry of Transport and Vietnam Highway Corporation concerning traffic safety at ferry piers and on rivers. Regularly inspect and promptly address any damages within capability or report to superiors for handling.

 

Article 10. Responsibilities of the Bureau of Inspection and Quality Management of Transportation Works for ongoing basic construction projects on operational roads

1. Study and develop mechanisms to ensure traffic safety, construction safety, and environmental hygiene.

2. When reviewing project proposals, assess traffic safety during planning, design, and construction phases.

3. Direct project management boards to establish traffic safety organization files and proceed with agreements and permits for construction from competent road management authorities.

4. Conduct regular and spot inspections of traffic safety measures during construction by project management boards and contractors in accordance with legal provisions and project requirements.

5. Cooperate with the Vietnam Highway Corporation to handle violations of traffic safety regulations by project management boards and contractors; if contractors repeatedly violate, report to the Ministry of Transport for handling.

Article 11. Responsibilities of Project Management Boards (representing investors) in managing basic construction and road repair projects on operational roads

1. When preparing tender documents, include comprehensive requirements and criteria for evaluating traffic safety organization plans for participating vehicles.

2. Do not consider bids without traffic safety and environmental protection plans.

3. Inspect contractors throughout the construction process regarding traffic safety; if contractors fail to meet requirements, penalize according to authority or report to superiors for handling.

4. Direct supervisory and management consultants to strictly adhere to traffic safety and environmental hygiene requirements.

Article 12. Responsibilities of Contractors Engaged in Construction on Operational Roads

1. Prepare traffic safety files and submit to competent road management authorities for construction permits after reaching agreement with the project management board.

After obtaining construction permits, go to the road management unit to receive the construction site handover and proceed with subsequent steps. From the date of receiving the construction site handover, bear responsibility for managing and ensuring smooth and safe traffic.

Construction supervisors of contractors must frequently be present at the site to resolve issues within authority or coordinate with local authorities, project management boards, road management units, and other relevant agencies to promptly address incidents caused by subjective or objective reasons that reduce project quality or endanger traffic safety.

2. Implement traffic safety measures before commencing construction of the main project. Throughout the construction process, strictly adhere to the construction plans, methods, and timeframes that have been agreed upon, without causing damage to existing road infrastructure; be subject to inspection and supervision by highway management agencies and road traffic inspectors regarding compliance with traffic safety regulations during construction as stipulated in the permit and applicable laws.

3. Be responsible for repairing bridges and roads to ensure traffic flow during construction. Upon completion, remove excess materials and equipment from the site and promptly prepare the completion dossier for handover to the managing entity.

B. INDIVIDUAL RESPONSIBILITIES

Article 13. Responsibilities of the Director General of the Vietnam Highway Administration

1. Direct advisory and operational units to fulfill the responsibilities of the Vietnam Highway Administration as prescribed in Article 5 of this Regulation.

2. Organize regular and spot inspections of the management and maintenance activities of national highways carried out by Highway Management Zones, Departments of Transport, and road repair management units; handle violations within their authority.

3. Bear direct and joint responsibility for the condition of damaged bridges and roads.

4. The Deputy Director General shall be accountable to the Director General for assigned tasks.

Article 14. Responsibilities of the General Director of the Highway Management Zone

1. Direct advisory and operational units to effectively perform the duties of the Highway Management Zone as specified in Article 6 of this Regulation and be directly accountable to the Director General of the Vietnam Highway Administration for the results of highway management and maintenance.

2. Based on allocated funds and technical standards, regular maintenance norms, and relevant legal documents, guide and direct road management and repair units to carry out management and maintenance tasks.

3. Regularly organize inspections and spot checks on the implementation of highway management and maintenance by road management and repair units and the traffic assurance plans by project management boards and contractors; handle violations within their authority or report to higher authorities for handling.

The Deputy General Director shall be accountable to the General Director of the Highway Management Zone for assigned tasks.

Article 15. Responsibilities of the Director of the Department of Transport

1. Direct advisory and operational units to effectively perform the duties of the Department of Transport as specified in Article 6 of this Regulation and be directly accountable to the Chairman of the Provincial People's Committee and the Director General of the Vietnam Highway Administration for the results of highway management and maintenance.

2. Based on allocated funds and technical standards, regular maintenance norms, and relevant legal documents, guide and direct road management and repair units to carry out management and maintenance tasks.

3. Regularly organize inspections and spot checks on the implementation of highway management and maintenance by road management and repair units and the traffic assurance plans by project management boards and contractors; handle violations within their authority or report to higher authorities for handling.

The Deputy Director of the Department of Transport shall be accountable to the Director of the Department of Transport for assigned tasks.

Article 16. Responsibilities of the Director of Road Management and Repair Units

1. Organize the implementation of highway management and maintenance work by subordinate Road Management Stations; fulfill the responsibilities of road management and repair units as prescribed in Article 7 of this Regulation.

2. Regularly inspect and spot check the traffic assurance work of project management boards and contractors during construction on managed roads; handle violations within their authority or report to higher authorities for handling.

3. Ensure equipment for the ongoing management and regular maintenance of Road Management Stations and manage assets according to regulations.

Be accountable to superior management agencies for assigned tasks or jointly bear responsibility for traffic safety incidents occurring within the scope of managed bridges and roads due to violations.

The Deputy Director shall be accountable to the Director for assigned tasks.

Article 17. Responsibilities of the Station Director of the Road Management Station

1. Organize the operation and supervision of station staff to fulfill the responsibilities of the Road Management Station as prescribed in Article 8 of this Regulation.

2. Be accountable to the Director of the road management and repair unit for assigned tasks; bear direct or joint responsibility for damage to road infrastructure and encroachment on road safety zones within the managed area.

3. Be responsible when traffic safety incidents occur during the ongoing management and regular maintenance of roads due to lack of responsibility in operation and supervision.

4. Be responsible for negative occurrences in management and regular maintenance as well as substandard quality in bridge and road repairs within the scope of responsibility.

The Deputy Station Director shall be accountable to the Station Director for assigned tasks.

Article 18. Responsibilities of the Director of the Ferry Cluster, Wharf Manager (Floating Bridge)

1. Organize the implementation of ferry traffic safety tasks as prescribed in Article 9 of this Regulation.

2. Regularly inspect and spot check the traffic assurance work of project management boards and contractors implementing repair and upgrade projects while ensuring traffic flow; handle violations within their authority or report to higher authorities for handling.

3. Be accountable to superior management agencies for assigned management tasks or jointly bear responsibility for traffic safety incidents caused by unsafe ferry approaches, wharfs, ferries, or floats.

4. Be responsible for negative occurrences in organizing ferry operations and maintenance within the scope of responsibility, which do not meet quality standards.

The Deputy Director, Deputy Wharf Manager shall be accountable to the Director and Wharf Manager for assigned tasks.

Article 19. Responsibilities of Road Patrol Officers

1. Strictly implement the Road Patrol Regulations and comply with legal provisions concerning the management and protection of road traffic infrastructure.

2. Conduct patrols and inspections in accordance with regulations and assignments from the District Head, identify damage to road works, encroachment on road corridors; conditions that cause traffic safety hazards during construction by contractors, and record them fully in the patrol log, report to superiors as prescribed.

3. Coordinate with traffic police, administrative management and social order police, traffic inspectors, local authorities within their scope of duties and powers to combat encroachments, handle traffic accidents, and update comprehensive statistics on traffic accidents.

4. When discovering incidents causing traffic congestion or loss of traffic safety due to road works, take immediate temporary measures to warn of danger, reroute traffic, and promptly report to superiors. Bear responsibility for traffic safety losses due to failure to detect damage to road works.

Article 20. Responsibilities of regular maintenance workers

1. Carry out tasks assigned by the District Head or Deputy District Head.

2. Quickly and neatly complete assigned work without engaging in other activities until the task is finished.

3. Must place construction warning signs and barriers throughout the repair process, only moving to another location once repairs are completed. Upon discovering minor damages such as repairing road edges, clearing water from drainage channels, dredging longitudinal channels, or similar tasks, immediately repair them according to technical requirements. In case of major damage beyond capacity, immediately report to the District Head or Deputy District Head.

Article 21. Responsibilities of the Director of the Bureau of Inspection and Quality Management of Road Works

Direct staff members in the Bureau to implement the contents stipulated in Article 10 of this Regulation.

Article 22. Responsibilities of General Directors of Project Management Boards

Direct staff members to implement the contents stipulated in Article 11 of this Regulation.

Article 23. Responsibilities of the Head of Contractors

Direct the implementation of the contents stipulated in Article 12 of this Regulation and the construction regulation for ongoing road projects issued under Decision No. 2525/2003/QĐ-BGTVT dated August 28, 2003 of the Minister of Transport.

Chapter III

VIOLATIONS AND FORMS OF DISCIPLINARY ACTION

PART A

FORMS OF DISCIPLINARY ACTION FOR SUPERIOR LEADERS DUE TO JOINT RESPONSIBILITY

Article 24. Forms of disciplinary action for leaders of the Vietnam Highway Administration

1. Leaders of the Vietnam Highway Administration and advisory agencies must jointly bear indirect responsibility and be subject to disciplinary action based on the nature and degree of personal responsibility and the level of disciplinary action received by subordinates in managing and directing the maintenance of road infrastructure.

2. The Director and Deputy Director may be criticized, reprimanded, warned, demoted in pay grade, demoted in rank, or dismissed depending on the nature and degree of violation.

3. Leaders of advisory agencies tasked with monitoring, directing, and inspecting may be reprimanded, warned, demoted in pay grade, demoted in rank, or dismissed depending on the nature and degree of violation.

Article 25. Forms of disciplinary action for the General Director of the Road Management Zone

Failure to fulfill the tasks specified in Article 14 of this Regulation shall result in disciplinary action and joint liability in the following cases, depending on the nature and degree of violation:

1. Reprimand when:

a) Two or more District Heads or Harbor Masters under their management are forced to resign;

b) One Manager of a road maintenance unit or ferry complex is warned due to road maintenance or harbor (raft bridge) management issues.

2. Warning when:

a) Two or more District Heads or Harbor Masters under their management are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management;

b) One Manager of a road maintenance unit or ferry complex is dismissed due to road maintenance or harbor (raft bridge) management issues.

3. Demotion in pay grade when:

a) Three or more District Heads under their management are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management;

b) One Manager of a road maintenance unit or ferry complex is criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management.

4. Dismissal when:

a) Four or more District Heads or Harbor Masters under their management are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management;

b) Two Managers of road maintenance units or ferry complexes are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management.

Deputy General Director of the Road Management Zone bears responsibility and is subject to disciplinary action like the General Director of the Road Management Zone in their assigned field.

Article 26. Forms of disciplinary action for the Director of the Department of Transport

Failure to fulfill the tasks specified in Article 15 of this Regulation shall result in disciplinary action and joint liability in the following cases, depending on the degree of violation:

1. Reprimand when:

a) Two or more District Heads under their management are forced to resign;

b) One Manager of a road maintenance unit or Harbor Master of a ferry port under their management is warned due to road maintenance or harbor (raft bridge) management issues.

2. Warning when:

a) Two or more District Heads under their management are criminally prosecuted for offenses related to road maintenance;

b) One Manager of a road maintenance unit or Harbor Master of a ferry port under their management is dismissed due to road maintenance or harbor (raft bridge) management issues.

3. Demotion in pay grade when:

a) Three or more District Heads under their management are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management;

b) One Manager of a road maintenance unit or ferry port is criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management.

4. Dismissal when:

a) Four or more District Heads or Harbor Masters under their management are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management;

b) Two Managers of road maintenance units or ferry ports are criminally prosecuted for offenses related to road maintenance or harbor (raft bridge) management.

Deputy Director of the Department of Transport bears responsibility and is subject to disciplinary action like the Director of the Department of Transport in their assigned field.

Article 27. Forms of disciplinary action for leaders of business advisory agencies of the Road Management Zone

Leaders of advisory agencies who fail to complete assigned tasks shall be subject to disciplinary action and joint liability for violations by employees and managers of road maintenance units, ferry complexes, and harbors (raft bridges), with a lower level of disciplinary action than that imposed on managers of road maintenance units and ferry complexes.

Article 28. Forms of handling for leaders of advisory units of the Department of Transport

Leaders of advisory units who fail to complete assigned tasks shall be subject to disciplinary action and bear joint liability for violations committed by staff and directors of road maintenance management units, ferry clusters, ferry terminals (floating bridges), with a lower level of handling than that applied to the director of the road maintenance management unit, ferry terminal (floating bridge) director.

Article 29. Forms of handling for the Director of Road Maintenance Management Unit, Ferry Cluster Director

1. Reprimand when:

a) Failing to complete one of the tasks specified in Article 16 of this Regulation (for road maintenance management units) or Article 18 of this Regulation (for ferry clusters);

b) Station chiefs, ferry terminal chiefs under their management shall be subject to dismissal.

2. Warning when:

a) Failing to complete two of the tasks prescribed in Article 16 of this Regulation (for road maintenance management units) or Article 18 of this Regulation (for ferry clusters);

b) Station chiefs, ferry terminal chiefs shall be criminally prosecuted for offenses related to road maintenance, ferry terminals (floating bridges).

3. Be dismissed from office when:

a) Failing to complete the tasks stipulated in Article 7 of this Regulation (for road maintenance management units) or Article 9 of this Regulation (for ferry clusters);

b) Causing two station chiefs, ferry terminal chiefs to be criminally prosecuted for offenses related to road management and maintenance, ferry terminals (floating bridges).

4. Be dismissed when:

a) Causing three station chiefs, ferry terminal chiefs to be criminally prosecuted for offenses related to road management and maintenance, ferry terminals (floating bridges);

b) Being penalized according to a court decision.

Article 30. Handling for leaders of the Bureau of Inspection and Quality Management of Transport Works

With the function of state management over ongoing basic construction projects on roads, the leaders of the Bureau of Inspection and Quality Management of Transport Works and the leaders of the bureau's advisory units must concurrently bear indirect responsibility and be subject to handling based on the personal responsibility and level of handling of subordinates and project management boards, contractors in managing and operating ongoing basic construction projects on roads. The level of handling is as follows:

1. Bureau Chief (Deputy Bureau Chief), Department Head (Deputy Department Head) shall be reprimanded, warned, demoted in rank, reduced in pay grade, or dismissed from office;

2. Directly responsible officers shall be reprimanded, warned, demoted in rank, or transferred to other work with a lower pay grade. In cases of serious negligence causing severe consequences, they shall be dismissed.

Article 31. Handling for leaders of Project Management Boards

With the function of representing the principal investor to manage ongoing basic construction and road repair projects, the leaders of Project Management Boards and the leaders of the advisory departments of Project Management Boards must concurrently bear indirect responsibility and be subject to handling based on the personal responsibility and level of handling of contractors in implementing ongoing basic construction and road repair projects on roads. The level of handling is as follows:

1. General Manager (Deputy General Manager), Department Head (Deputy Department Head) shall be reprimanded, warned, demoted in rank, reduced in pay grade, or dismissed from office;

2. Directly responsible officers shall be reprimanded, warned, demoted in rank, transferred to other work with a lower pay grade, or dismissed.

Article 32. Forms of handling for the head of construction contractors.

Main contractors and subcontractors when implementing basic construction and road repair projects on ongoing roads:

1. Shall be warned when failing to comply with Clause 1 and Clause 3 of Article 12 of this Regulation and being recorded in the first official record by the competent authority; if recorded a second time, they shall not participate in bidding or construction of subsequent projects for one year; at the same time, they must still comply with Clause 1 and Clause 3 of Article 12 of this Regulation;

2. Shall have their construction suspended when failing to comply with Clause 2 of Article 12 of this Regulation and not be allowed to participate in bidding or construction of subsequent projects for one year; at the same time, they must still comply with Clause 2 of Article 12 of this Regulation;

3. Must compensate for losses and not be allowed to participate in bidding or construction of subsequent projects when failing to comply with Clause 2 of Article 12 of this Regulation leading to serious traffic accidents.

PART B

FOR STATION CHIEFS

Article 33. Violations

1. Failing to collect, update bridge and road data as required by management regulations, report according to the prescribed form, inspect, urge weekly road patrols to properly fulfill assigned tasks and record reports.

2. Failing to inspect and urge workers to comply with labor safety and traffic safety rules during construction.

3. Not performing well in managing and storing files delegated to the Station.

4. Not promptly inspecting and handling damages and traffic safety violations upon receiving information from organizations, individuals, or weekly road patrol reports.

5. Failing to perform one of the four responsibilities of the Road Management Station Chief as stipulated in Article 17 of this Regulation.

6. Causing three or more workers to be reprimanded for violations handled under Clause 1 of Article 40 of this Regulation.

7. Causing three or more workers to be transferred to other work with a lower pay grade for violations handled under Clause 2 of Article 40 of this Regulation.

8. Causing three or more workers to be dismissed for civil servants or fired for contractual employees for violations handled under Clause 3 of Article 40 of this Regulation.

9. Failing to inspect and urge preventive measures during construction repairs leading to dangerous traffic accidents.

Article 34. a) Not to be considered for assignment of projects or works of similar or larger scale within a certain period as decided by the competent authority;

1. Reprimand when:

a) Violating twice any of Clauses 1, 2, 3, 4, and 5 of Article 33;

b) Violating once Clause 6 of Article 33.

2. Be dismissed and transferred to other work with a lower pay grade when:

a) Violating three times any of Clauses 1, 2, 3, 4, and 5 of Article 33;

b) Violating twice Clause 6 of Article 33;

c) Violating for the first time Clauses 7, 8, and 9 of Article 33.

3. Be dismissed when:

a) Causing three subordinate staff members to be criminally prosecuted for offenses related to road management and maintenance within their jurisdiction;

b) Being criminally prosecuted.

Deputy station chiefs shall be responsible and subject to handling like station chiefs in their assigned areas.

PART C

FOR FERRY TERMINAL CHIEFS (FLOATING BRIDGES)

Article 35. Violations

1. Failing to perform one of the responsibilities of the ferry (raft bridge) station manager as stipulated in Article 18 of this Regulation.

2. Failing to urge employees, sailors, and ship captains to comply with internal regulations and procedures for operating ferries, assembling, and dismantling raft bridges.

3. Failing to inspect and urge shore-based staff to manage traffic effectively, thereby causing congestion at both ends of the road leading to the ferry station.

4. Failing to manage the infrastructure of the station; update and classify vehicle traffic volume; tidal conditions; weather conditions such as rain and storms; the condition of roads leading to the ferry station and raft bridge, and report according to regulations.

5. Failing to inspect and urge regular maintenance personnel to maintain the station facilities, or allowing ship captains and sailors to operate ferries incorrectly, resulting in damage to ferries and station facilities, loss of river and road traffic signals.

Article 36. a) Not to be considered for assignment of projects or works of similar or larger scale within a certain period as decided by the competent authority;

1. Being reprimanded when:

a) Violating for the second time any of Clauses 1, 2, 3, and 4 of Article 35;

b) Violating for the first time Clause 5 of Article 35.

2. Being dismissed and transferred to another position with a lower salary grade when:

a) Violating for the third time any of Clauses 1, 2, 3, and 4 of Article 35;

b) Violating for the second time Clause 5 of Article 35.

3. Be dismissed when:

a) Causing three subordinate officers or employees under their authority to be criminally prosecuted for offenses related to managing safety over rivers within their jurisdiction.

b) Being criminally prosecuted.

The deputy station manager shall bear responsibility and be treated like the station manager in the areas assigned to them.

SECTION D

FOR ROAD PATROL STAFF

Article 37. Violations

1. Having breath smelling of alcohol or using prohibited stimulants while on duty.

2. Having an arrogant and domineering attitude in communication during work.

3. Leaving assigned tasks without permission or performing tasks contrary to instructions.

4. Failing to detect damages to bridges and roads and violations within the protected area of road traffic works.

5. Detecting damages to works but failing to report promptly as required.

6. Failing to record patrol contents in the patrol logbook as required.

7. Failing to take measures to warn or reroute traffic when discovering damages to transportation works, thereby compromising traffic safety.

8. Failing to handle violations of transportation works within their authority.

9. Facilitating violations of transportation works.

Article 38. a) Not to be considered for assignment of projects or works of similar or larger scale within a certain period as decided by the competent authority;

1. Reprimand when:

a) Violating for the second time any of Clauses 1, 2, and 3 of Article 37;

b) Violating for the first time any of Clauses 4, 5, and 6 of Article 37.

2. Being reassigned to a different job with a lower salary when:

a) Violating for the third time any of Clauses 1, 2, and 3 of Article 37;

b) Violating for the second time any of Clauses 4, 5, and 6 of Article 37;

c) Violating for the first time any of Clauses 7 and 8 of Article 37.

3. Being compelled to resign from public service or being fired if they are contractual employees when:

a) Violating for the fourth time any of Clauses 1, 2, and 3 of Article 37;

b) Violating for the third time any of Clauses 4, 5, and 6 of Article 37;

c) Violating for the second time any of Clauses 7 and 8 of Article 37;

d) Violating for the first time Clause 9 of Article 37;

đ) Being criminally prosecuted.

PART E

FOR REGULAR MAINTENANCE WORKERS

Article 39. Violations

1. Repairing not in accordance with the prescribed procedure.

2. Not performing assigned tasks correctly.

3. Leaving before completing assigned work.

4. Discovering damage but failing to report it.

5. Construction areas lacking warning signs, barriers, and night lights as required.

Article 40. a) Not to be considered for assignment of projects or works of similar or larger scale within a certain period as decided by the competent authority;

1. Reprimand when:

a) Violating for the first time Clauses 1, 2, and 3 of Article 39;

b) Violating for the second time Clause 4 of Article 39.

2. Being reassigned to a different job with a lower salary when:

a) Violating for the second time Clauses 1, 2, and 3 of Article 39;

b) Violating for the third time Clause 4 of Article 39;

c) Violating for the first time Clause 5 of Article 39.

3. Being compelled to resign from public service or being fired if they are contractual employees when:

a) Violating for the third time Clauses 1, 2, and 3 of Article 39;

b) Violating for the fourth time Clause 4 of Article 39;

c) Violating for the second time Clause 5 of Article 39;

d) Criminal liability pursued.

MỤC G

THẨM QUYỀN XỬ LÝ VI PHẠM

Article 41. The Minister of Transport shall discipline the Director General, Deputy Director General of the Vietnam Highway Administration Bureau; the Director General, Deputy Director General of the Quality Control and Inspection Bureau for Transportation Works; the General Director, Deputy General Director of the Project Management Board under the Ministry; and the General Director of the Road Management Zone.

Article 42. The Chairman of the People's Committee of provinces and centrally governed cities shall discipline the Director of the Department of Transport, the Director of the Road Maintenance Management Unit, and other positions within their authority based on the proposal of the Director General of the Vietnam Highway Administration Bureau.

Article 43. The Director General of the Vietnam Highway Administration Bureau shall discipline:

1. Staff members of the advisory agencies of the Bureau.

2. Deputy General Director of the Road Management Zone, General Director (Deputy General Director) of the Project Management Board under the Bureau.

3. Director of the Road Maintenance Management Unit, Director of the ferry cluster under the management of the Bureau.

Article 44. The General Director of the Road Management Zone shall discipline:

1. Staff members of the advisory agencies of the Road Management Zone.

2. Deputy Director of the Road Maintenance Management Unit, Deputy Director of the ferry cluster under the management of the Road Management Zone.

Article 45. The Director of the Department of Transport shall discipline:

1. Staff members of the advisory agencies of the Department of Transport.

2. Deputy Director of the Road Maintenance Management Unit and other positions within their authority.

Article 46. The Director of the Road Maintenance Management Unit, the Director of the ferry cluster; the Ferry Wharf Manager shall discipline staff members under their management.

Chapter IV

IMPLEMENTATION

Article 47. The Director General of the Vietnam Highway Administration Bureau, the Director General of the Quality Control and Inspection Bureau for Transportation Works, the Director of the Department of Transport, the General Director of the Project Management Board, and the General Director of the Road Management Zone shall be responsible for disseminating and guiding this regulation to subordinate units for implementation.

Article 48. The Director Generals of the Vietnam Highway Administration Bureau, the Quality Control and Inspection Bureau for Transportation Works, the Inspector General of the Ministry, the Head of the Cadre and Civil Servant Affairs Department, and the Head of the Legal Affairs Department shall be responsible for inspecting and organizing the implementation of this regulation.

During the implementation process, if there are any difficulties, organizations and individuals shall promptly report in writing to the Ministry of Transport for research and appropriate supplementation or amendment./.