Decision No. 38/2005/QD-BGTVT Issuing the Regulation on Issuing Professional Practice Certificates for Transport Vehicle Design Services

Pursuant to …;

Issuing Regulations on Issuing Professional Practice Certificates for Transport Vehicle Design Services

design of transport vehicles

THE MINISTER OF TRANSPORTATION

Pursuant to the Enterprise Law dated June 12, 1999;

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;

Pursuant to Decree No. 125/2004/NĐ-CP dated May 19, 2004 of the Government amending and supplementing certain articles of Decree No. 03/2000/NĐ-CP dated February 3, 2000 guiding the implementation of some provisions of the Enterprise Law;

At the proposal of the Director of the Cadre and Civil Servant Department, the Director of the Science and Technology Department, and the Director of the Legal Department,

DECISION:

Article 1. These Regulations on Issuing Professional Practice Certificates for Transport Vehicle Design Services are hereby issued together with this Decision.

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. Directors of Departments, Directors of Bureaus, Directors of Provincial Departments of Transport and Public Works, Heads of agencies and units, and individuals concerned are responsible for implementing this Decision./.

 

REGULATIONS ON ISSUING PROFESSIONAL PRACTICE CERTIFICATES FOR TRANSPORT VEHICLE DESIGN SERVICES
(Issued together with Decision No. 38/2005/QĐ-BGTVT dated August 9, 2005)

 

(Issued together with Decision No. 38/2005/QĐ-BGTVT dated August 9, 2005)

of the Ministry of Transport)

Article 1. Scope and regulated subjects

1. These Regulations stipulate the objects, conditions, procedures, management authority, and issuance of professional practice certificates for transport vehicle design services.

2. Transport vehicle design service business under these Regulations includes:

a) Ship design;

b) Aircraft design;

c) Inland waterway vessel design;

d) Road transport vehicle design;

e) Rail transport vehicle design.

3. A professional practice certificate for transport vehicle design service business shall be issued to individuals who are Vietnamese citizens, overseas Vietnamese, foreigners residing in Vietnam, and have the need to obtain such a certificate, and meet the conditions prescribed in Article 2 of these Regulations.

Article 2. Conditions for Issuance of Certificate

Individuals may only be issued a certificate if they meet the following conditions:

1. Having full capacity for civil conduct as provided by law; for Vietnamese citizens, they must have a national identity card, and for foreigners and overseas Vietnamese, they must have a passport and a residence permit in accordance with the law.

2. Meeting the standards prescribed in Article 3 of these Regulations.

3. Submitting a valid application dossier as prescribed in Article 8 of these Regulations.

4. Paying the fee for issuing the certificate as prescribed.

Article 3. Occupational Standards

1. Holding a bachelor's degree or higher from domestic or foreign educational institutions. The major studied must be relevant to the content of the requested certificate.

2. Having at least three years of work experience in the field for which the certificate is sought.

Article 4. Authority to Issue Professional Practice Certificates for Transport Vehicle Design Service Business

1. The Ministry of Transport shall uniformly manage the issuance of professional practice certificates for transport vehicle design service business throughout the country; prescribe the contents and uniformly issue certificates; inspect and audit the issuance of certificates in accordance with these Regulations.

2. The Vietnam Maritime Administration shall implement the issuance of professional practice certificates for ship design service business.

3. The Vietnam Railway Corporation shall implement the issuance of professional practice certificates for rail transport vehicle design service business.

4. The Vietnam Civil Aviation Authority shall implement the issuance of professional practice certificates for aircraft design service business.

5. Provincial Departments of Transport (Public Works) shall issue professional practice certificates for road transport vehicle design and inland waterway vessel design service businesses to individuals residing in their respective localities.

Article 5. Model and Validity of Professional Practice Certificates for Transport Vehicle Design Service Business

1. The model of the professional practice certificate for transport vehicle design service business shall be uniformly used nationwide and is specified in Appendix 3 attached to these Regulations.

2. The professional practice certificate for transport vehicle design service business shall be valid for use for a period of five years from the date of issuance.

3. Individuals holding a professional practice certificate for transport vehicle design service business shall be permitted to engage in the business of transport vehicle design service throughout the country in accordance with the law.

Article 6. Duties and Authorities of the Issuing Authority for Professional Practice Certificates for Transport Vehicle Design Service Business

1. Tasks

a) Organizing the receipt of application dossiers, within five working days from the date of receipt, if found to be incomplete, a written notice requesting corrections and supplements (specifying the reasons and guidance for corrections and supplements) shall be issued. Issuing the certificate within the time limit prescribed in Clause 2 of Article 9 of these Regulations.

b) Inspecting the operation of transport vehicle design service business of individuals holding the certificate according to the content of the certificate issued.

c) Resolving complaints regarding the issuance of professional practice certificates for transport vehicle design service business within the scope of authority.

d) Archiving original dossiers.

e) Regularly reporting to the Ministry of Transport on the situation of certificate issuance and the operation of transport vehicle design service business within the scope of management.

2. Authorities

a) Checking the application dossier in accordance with Article 8 of these Regulations to issue the certificate.

b) Not issuing the certificate when the applicant does not meet the conditions and occupational standards prescribed in Articles 2 and 3 of these Regulations.

c) Revoking the certificate already issued for individuals violating the provisions of these Regulations.

d) Requesting competent authorities to handle violations in accordance with the law.

Article 7. Rights and Responsibilities of Individuals Holding a Professional Practice Certificate for Transport Vehicle Design Service Business

1. Rights

a) Using the professional practice certificate for transport vehicle design service business to register for business and operate transport vehicle design service business in accordance with the law.

Individuals with a professional practice certificate may only be registered in the business registration dossier of one business entity.

b) Applying for extension or supplementation of the content of the certificate when meeting the conditions and standards prescribed in these Regulations.

c) Requiring the issuing authority and related organizations to comply with regulations; lodging complaints, accusations, or lawsuits against individuals or organizations violating these Regulations.

2. Responsibilities

a) Engaging in the business of transport vehicle design service in accordance with the content recorded in the certificate.

b) Comply with the relevant provisions of laws on transportation when designing transport vehicles.

c) Bear legal responsibility for the quality of products designed by themselves; implement professional insurance regimes as prescribed by law.

d) Not allow others to lease or borrow certificates to engage in business services of designing transport vehicles; not alter the contents of certificates that have been issued.

đ) Present certificates and comply with inspections and audits regarding the practice of designing transport vehicles upon request of competent authorities.

Article 8. Application for issuance of a certificate for engaging in business services of designing transport vehicles

The application for issuance of a certificate for engaging in business services of designing transport vehicles includes:

1. An application for issuance of a certificate for engaging in business services of designing transport vehicles according to Form 1 attached hereto, accompanied by two color photographs measuring 3 x 4 inches taken within six months prior to the date of submission of the application.

2. A certified copy of relevant diplomas and certificates related to the content of the requested certificate; if the diploma or certificate is issued by a foreign country, it must be translated into Vietnamese and notarized.

3. A declaration of professional experience according to the form prescribed at Appendix 2 attached hereto.

Article 9. Procedure for issuing a certificate for engaging in business services of designing transport vehicles

1. The applicant submits one set of application documents to the competent authority issuing the certificate as stipulated in Article 8 of this Regulation.

2. The competent authority issuing the certificate examines and issues the certificate for engaging in business services of designing transport vehicles within fifteen working days from the date of receipt of complete and valid applications; in case of non-issuance, the reasons must be notified and the application returned to the applicant.

3. The recipient of the certificate pays the fee for issuing the certificate at the issuing authority according to regulations.

Article 10. Reissuing a certificate for engaging in business services of designing transport vehicles

1. A certificate for engaging in business services of designing transport vehicles shall be reissued in the following cases:

a) The certificate has expired;

b) The certificate is lost;

c) The certificate is torn or damaged;

d) To supplement the scope of practice.

2. Conditions for reissuing a certificate for engaging in business services of designing transport vehicles:

a) Have an application for issuance of a certificate for engaging in business;

b) Have the old certificate, in case of loss of the certificate, a confirmation letter from the police or local authorities is required;

c) Have a declaration of results of practice according to the certificate already issued;

d) Not violate the provisions of this Regulation and related laws;

đ) In the case of requesting to supplement the scope of practice, additional copies of relevant diplomas and certificates related to the content to be supplemented are required.

3. In the event of reissuing a lost or damaged certificate, the content and validity period of the new certificate must be recorded according to the content and validity period of the old certificate.

4. The competent authority issuing the certificate accepts the application and reissues the certificate for engaging in business services of designing transport vehicles within five working days from the date of receipt of complete and valid applications. In case of non-reissuance, the reasons must be notified and the application returned to the applicant.

Article 11. Inspection and Audit of Issuance of Certificates for Engaging in Business Services of Designing Transport Vehicles

1. The Department of Science and Technology is the advisory body assisting the Minister of the Ministry of Transport in directing and inspecting the implementation of this Regulation throughout the country.

2. The Vietnam Highway Administration is responsible for inspecting and auditing the provincial Departments of Transportation and Departments of Transportation and Civil Engineering in the central cities and provinces in the issuance of certificates for engaging in business services of designing road transport vehicles at the local level.

3. The Vietnam Inland Waterway Administration is responsible for inspecting and auditing the provincial Departments of Transportation and Departments of Transportation and Civil Engineering in the central cities and provinces in the issuance of certificates for engaging in business services of designing inland waterway transport vehicles at the local level.

Article 12. Revocation of Certificates

1. The authority issuing certificates for engaging in business services of designing transport vehicles has the right to revoke certificates and notify relevant agencies if individuals engaged in designing transport vehicles violate any of the following circumstances:

a) Providing false information in the application for issuance of a certificate;

b) Altering the contents of certificates that have been issued;

c) Practicing outside the scope specified in the certificate; leasing or lending certificates to others to engage in business services of designing transport vehicles.

2. Organizations and individuals involved in the issuance of certificates for engaging in business services of designing transport vehicles who violate the provisions of this Regulation or related laws will be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the severity of the violation. If damage is caused, compensation must be provided according to the law.