Circular No. 42/2012/TT-BGTVT on responsibilities and handling violations in vehicle inspection work

 CIRCULAR

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Pursuant to the Law on Public Officials and Civil Servants dated November 13, 2008;

Pursuant to the Civil Servant Law dated November 15, 2010;

Pursuant to Decree No. 34/2011/ND-CP dated May 17, 2011 of the Government on disciplinary measures against civil servants;

Pursuant to Decree No. 27/2012/ND-CP dated April 6, 2012 of the Government on disciplinary measures against public officials and the responsibility for compensation and repayment of public officials;

Pursuant to Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor discipline and material liability, and Decree No. 33/2003/NĐ-CP dated April 2, 2003 of the Government supplementing certain provisions of Decree No. 41/CP dated July 6, 1995 of the Government detailing and guiding the implementation of certain provisions of the Labor Code on labor discipline and material liability;

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;

At the proposal of the Director of the Science and Technology Department and the Director of the Vietnam Vehicle Inspection Agency;

The Minister of Transport hereby promulgates this Circular stipulating responsibilities and handling violations in the work of registration inspection,

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates responsibilities and handling violations in the work of registration inspection that are not subject to administrative penalty or criminal proceedings, including: management work, training of registration inspection officers and design review, inspection, testing, evaluation, certification, issuance and distribution of seals, registration inspection files related to technical safety quality, environmental protection of transportation vehicles and equipment, specialized construction machinery, containers, boilers, and pressure vessels used in road, railway, inland waterway, maritime transport, and exploration, exploitation, and transportation of marine oil and gas equipment, ship security.

Article 2. Applicability

1. This Circular applies to agencies, organizations, and individuals related to the work of registration inspection throughout the country.

2. This Circular does not apply to agencies, organizations, and individuals related to the work of registration inspection of the Ministry of National Defense and the Ministry of Public Security for national defense and security purposes.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. Calibration activities including design review, inspection, testing, evaluation, certification, issuance and distribution of seals, registration inspection files related to technical safety quality, environmental protection of transportation vehicles and equipment, specialized construction machinery, containers, boilers, and pressure vessels used in road, railway, inland waterway, maritime transport, and exploration, exploitation, and transportation of marine oil and gas equipment, ship security.

2. Registration inspection work including management work, training of registration inspection officers and inspection.

3. Inspection group including teams, squads, boards, inspection chains, branches conducting specific inspection tasks.

4. Head of the inspection group is the person appointed by the competent authority of the agency or unit to serve as head of the inspection group.

5. Registration inspection unit including bureaus, centers, departments under the Vietnam Registration Inspection Bureau and departments, boards, stations, centers, companies conducting inspections under the Departments of Transport or People's Committees of provinces and centrally administered cities, socialized vehicle registration inspection centers.

6. Professional advisory agency is the department or center under the Vietnam Registration Inspection Bureau assigned to manage inspections, train registration inspection officers.

7. Registration inspection officer is the registration inspector, evaluator, professional staff conducting inspections.

Chapter II
RESPONSIBILITIES OF AGENCIES, ORGANIZATIONS AND INDIVIDUALS RELATED TO THE WORK OF REGISTRATION INSPECTION

Section 1.

RESPONSIBILITIES OF AGENCIES AND ORGANIZATIONS

Article 4. Responsibilities of the inspection team

1. Perform inspection work in accordance with regulations, within the assigned authority.

2. Check and control the inspection process and results within the inspection team to ensure compliance with regulations.

Article 5. Responsibilities of the registration inspection unit

1. Organize the public disclosure of inspection procedures and processes at the unit's headquarters for customers to be aware and monitor implementation.

2. Organize the implementation of inspections at the unit in accordance with regulations, within the assigned authority.

3. Organize the assignment of inspection tasks at the unit in accordance with the capabilities, certificates, and qualifications of the registration inspectors.

4. Ensure the provision of human resources for inspection services at the unit in accordance with regulations.

5. Ensure the full provision of inspection equipment, tools, and labor protection gear in accordance with regulations; maintain the condition of inspection equipment and tools to ensure the accuracy of measurement and testing results.

6. Check and control the inspection process and results, issue registration inspection files within the unit to ensure compliance with regulations.

7. Organize the collection of fees and charges in accordance with regulations.

Article 6. Responsibilities of the business advisory agency

1. Advise the Director of the Vietnam Registration Inspection Agency on organizing the performance of state management functions regarding registration inspection work within the assigned field nationwide.

2. Develop legal normative documents, standards, technical regulations, business guidance, and other documents for submission to the competent authority for issuance, guiding registration inspection units to implement inspections within the assigned field.

3. Review technical files and types of certification documents, submit to the Director of the Vietnam Registration Inspection Agency for signature or signature within the authority.

4. Organize checks and controls to identify violations within the assigned field, submit to the Director of the Vietnam Registration Inspection Agency for consideration and decision on measures to address, rectify, and prevent such violations.

Article 7. Responsibilities of the Department of Transport or higher-level agencies of the registration inspection unit

Direct the implementation and check and control the inspection activities at subordinate registration inspection units in accordance with relevant regulations, standards, technical regulations, and business guidance issued by the Vietnam Registration Inspection Agency.

Article 8. Responsibilities of the Vietnam Registration Inspection Agency

1. Organize the performance of state management functions regarding registration inspection work.

2. Direct the implementation and check and control the inspection activities at subordinate registration inspection units in accordance with relevant regulations, standards, technical regulations, and business guidance.

Section 2

RESPONSIBILITIES OF INDIVIDUALS

Article 9. Responsibilities of registration inspection officers

1. Be responsible before their direct superiors and the law for performing assigned tasks.

2. Fully meet current regulations concerning registration inspector and business staff standards.

3. Fully perform assigned tasks, strictly adhere to relevant regulations, standards, and technical regulations during inspections.

4. Ensure honesty, objectivity, and accuracy when conducting inspections.

5. Adhere to regulations regarding conduct rules and professional ethics when interacting with customers.

6. Not abuse positions or powers to harass, intentionally distort inspection results, or act contrary to regulations.

7. Not carry out registration inspection work when they or their family have interests related to the inspected entity.

8. Timely report inspection violations to the competent authority.

9. Calculate and collect fees and charges in accordance with regulations.

Article 10. Responsibilities of the head of the inspection team

1. Shall be responsible before the head of the inspection unit and before the law for the implementation of the inspection tasks assigned to the inspection team.

2. Organize and supervise the inspection work of the inspection team in accordance with regulations.

Article 11. Responsibilities of the head of the inspection unit

1. Shall be responsible before the Director of the Vietnam Inspection Agency, the Director of the Department of Transport or the superior authority and before the law for the inspection work assigned.

2. Organize and supervise the implementation of inspection work at the unit in accordance with regulations.

Article 12. Responsibilities of the head of the business advisory agency

1. Shall be responsible before the Director of the Vietnam Inspection Agency and before the law for the inspection work in the assigned field.

2. Organize inspections and supervision of the inspection work in the assigned field in accordance with regulations.

Article 13. Responsibilities of the Director of the Department of Transport or the superior authority of the inspection unit

1. Shall be responsible before the Chairman of the People's Committee of the province, city under the central government, the Minister of Transport or the superior authority and before the law for organizing the implementation of inspection at subordinate inspection units.

2. Organize inspections, supervision and take measures to prevent and promptly handle violations by agencies, organizations, and inspection officers during inspection within their authority.

Article 14. Responsibilities of the Director of the Vietnam Inspection Agency

1. Shall be responsible before the Minister of Transport and before the law for state management of inspection work.

2. Shall be responsible before the Minister of Transport and before the law for organizing the implementation of inspection at subordinate inspection units.

3. Organize inspections and supervision of inspection work nationwide and take measures to prevent and promptly handle violations by agencies, organizations, and inspection officers in inspection work within their authority.

Chapter III
VIOLATIONS AND HANDLING OF VIOLATIONS

Section 1

HANDLING VIOLATIONS AGAINST ORGANIZATIONS AND INDIVIDUALS

PERFORMING INSPECTION WORK

Article 15. Handling of violations against the inspection team

The inspection team shall be warned when violating any of the clauses stipulated in Article 4 of this Circular.

Article 16. Handling of violations against the inspection unit

1. The inspection unit shall be warned when violating any of the clauses stipulated in Article 5 of this Circular.

2. The inspection unit shall be suspended from operation in the following cases:

a) When violating two or more clauses among those stipulated in Article 5 of this Circular or being warned three times or more;

b) When violating any of clauses 2, 3, 4, 5, 6, and 7 of Article 5 of this Circular causing serious consequences.

Article 17. Handling of violations against the head, inspection officers of the inspection unit

The head of the inspection team, the head, and inspection officers of the inspection unit shall be handled according to the provisions of Government Decree No. 34/2011/ND-CP dated May 17, 2011 on disciplinary actions against civil servants (hereinafter referred to as Decree No. 34/2011/ND-CP); Government Decree No. 27/2012/ND-CP dated April 6, 2012 on disciplinary actions against public officials and financial responsibility of public officials (hereinafter referred to as Decree No. 27/2012/ND-CP); Government Decree No. 41/CP dated July 6, 1995 detailing and guiding the implementation of certain articles of the Labor Code on labor discipline and financial responsibility and Government Decree No. 33/2003/NĐ-CP dated February 4, 2003 supplementing certain articles of Government Decree No. 41/CP dated July 6, 1995 detailing and guiding the implementation of certain articles of the Labor Code on labor discipline and financial responsibility (hereinafter referred to as Decree No. 41/CP).

Section 2

HANDLING VIOLATIONS AGAINST OTHER ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN INSPECTION WORK

Article 18. Handling violations against business advisory agencies

A business advisory agency shall be warned when it violates any of the provisions stipulated in Clause 6 of this Circular.

Article 19. Handling violations against individuals from business advisory agencies and other individuals involved in inspection work

Heads, individuals from business advisory agencies, and other individuals involved in inspection work shall be handled according to the regulations set forth in Decree No. 34/2011/NĐ-CP, Decree No. 27/2012/NĐ-CP, and Decree No. 41/CP, depending on the object and degree of violation.

Article 20. Handling violations by superiors due to joint responsibility

Heads of agencies and units above the inspection unit, depending on the object and degree of joint violation, shall be handled according to the regulations set forth in Decree No. 34/2011/NĐ-CP, Decree No. 27/2012/NĐ-CP, and Decree No. 41/CP.

Section 3

AUTHORITY AND PROCEDURE FOR HANDLING VIOLATIONS

Article 21. Authority for handling violations

1. The Minister of Transport decides on the handling of violations by the Director and Deputy Director of the Vietnam Inspection Agency and other entities within their authority.

2. The Chairman of the People's Committee of provinces and centrally governed cities decides on the handling of violations by the Director and Deputy Director of the Department of Transport and other entities within their authority.

3. The Director of the Vietnam Inspection Agency:

a) Decides on the handling of violations by heads of inspection units, business advisory agencies, and inspection officers under the management of the Agency;

b) Suspends the operation of inspection units that have violated regulations;

c) Revokes certificates and inspection officer cards.

4. The Director of the Department of Transport and other superior agencies of inspection units:

a) Decides on the handling of violations by heads of inspection units and inspection officers under the management of the Department;

b) Reports to the Vietnam Inspection Agency and competent authorities about violations by organizations and individuals for handling according to regulations.

Article 22. Procedure for handling violations

1. Procedure, formalities, files, and application of suspension of operations as a form of handling violations for inspection units:

a) Report documents of the inspection team or authorized person proposing to handle violations accompanied by inspection records;

b) Suspension of operations decision for inspection units issued by the Director of the Vietnam Inspection Agency according to Clause 3, Article 21 of this Circular.

2. Procedure, formalities, and files for allowing inspection units to resume operations after completing rectifications:

a) After completing rectifications mentioned in point b, Clause 1 of this Article, the suspended inspection unit sends a document to the Vietnam Inspection Agency requesting permission to resume operations;

b) The Vietnam Inspection Agency receives the document and assigns the business advisory agency to conduct inspections and evaluations at the inspection unit and prepare an Inspection Record;

c) The conclusion in the Inspection Record regarding the rectification of violations by the inspection unit prepared by the business advisory agency serves as the basis for the Vietnam Inspection Agency to handle the matter. If the Inspection Record concludes that the requirements are not met, within five working days from the end of the inspection, the Vietnam Inspection Agency issues a notification for the inspection unit to continue rectifying and undergo another inspection. If the Inspection Record concludes that the requirements are met, within five working days from the end of the inspection, the Vietnam Inspection Agency issues a document allowing the inspection unit to resume operations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 23. Effectiveness of Implementation

This Circular takes effect from January 1, 2013. Decision No. 4455/2002/QĐ-BGTVT dated December 31, 2002, issued by the Minister of Transport on the Regulations on Responsibilities and Handling Violations in Management, Quality Control, and Technical Safety of Transportation Equipment and Facilities, is hereby abolished.

Article 24. Responsibility for Implementation

The Head of the Ministry’s Office, the Head of the Ministry’s Inspectorate, Heads of Departments, the Director of the Vietnam Inspection Agency, Directors of Provincial and Centrally Governed City Transport Departments, heads of relevant agencies, organizations, and individuals are responsible for implementing this Circular./.