Joint Circular No. 42/2015/TTLT-BGTVT-BNV guides the functions, tasks, powers, and organizational structure of specialized agencies for transportation under provincial People's Committees and district-level People's Committees.

JOINT CIRCULAR

Guidelines on functions, tasks, powers, and organizational structure of the specialized agency

relating to transportation DECREES:under the central government TParty

and DECREES:under the provincial People's Committee, district, city under provinceh

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Pursuant to Decree No. 24/2014/NĐ-CP dated April 4, 2014 of the Government on the organization of specialized agencies under provincial People's Committees and municipal People's Committees directly under the Central Government;

Pursuant to Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, and powers of Ministries and ministerial-level agencies;

Pursuant to Decree No. 36/2012/NĐ-CP dated April 18, 2012, of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Pursuant to Decree No. 107/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 58/2014/NĐ-CP dated June 16, 2014, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

The Minister of Transport and the Minister of Interior shall jointly issue Circular guiding the functions, tasks, powers, and organizational structure of specialized agencies for transport under the People's Committee of provinces and centrally governed cities and the People's Committee of districts, towns, cities under provinces.

PART I

DEPARTMENT OF TRANSPORTATION

Article 1. Position and Functions

1. The Department of Transportation is a specialized agency under the People's Committee of provinces and centrally governed cities (hereinafter referred to as the provincial People's Committee), performing the function of advising and assisting the provincial People's Committee in state management over: roads, inland waterways, urban railroads; transportation; traffic safety; management, exploitation, maintenance, and upkeep of urban traffic infrastructure including: road bridges, overpasses, sidewalks, streets, median strips, road traffic signs, traffic signal lights, pedestrian tunnels, vehicular tunnels, pedestrian bridges, bus stations, parking lots within its jurisdiction.

2. The Department of Transportation has legal personality, possesses its own seal and bank account; it is subject to the direction and management regarding organization, staffing, and work performance by the provincial People's Committee; at the same time, it is subject to the direction, guidance, inspection, and supervision regarding professional matters by the Ministry of Transport.

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. Submit to the provincial People's Committee:

a) Draft decisions, directives, master plans, five-year plans, annual plans, programs, projects on transportation; measures to organize the implementation of administrative reform in the field of transportation within the scope of state management assigned;

b) Draft regulations specifying the functions, tasks, powers, and organizational structure of the Department of Transportation;

c) Draft regulations on conditions and standards for positions of Heads and Deputy Heads of units under the Department of Transportation; participate with relevant agencies in drafting regulations on standards for positions of Heads and Deputy Heads of Urban Management Departments or Economic and Infrastructure Departments under the People's Committee of districts, counties, towns, and centrally governed cities under provinces (hereinafter referred to as the district-level People's Committee) within the scope of their respective industries and fields of management;

d) Investment projects on transportation within the authority of the provincial People's Committee to decide.

2. Submitting to the Chairman of the Provincial People's Committee:

a) Draft individual decisions and directives within the authority of the Chairman of the provincial People's Committee on transportation;

b) Draft decisions on establishing, restructuring, and dissolving organizations and units under the Department of Transportation in accordance with the law; coordinate with the Department of Home Affairs to submit draft decisions on ranking public service units managed by the Department of Transportation according to the guidelines of the Ministry of Transport and the Ministry of Home Affairs;

3. Implement normative legal documents, master plans, plans, programs, proposals, projects, technical standards and specifications in the field of transportation issued or approved by competent state agencies; disseminate information, promote, educate, monitor, and supervise the enforcement of laws in the areas under the assigned state management;

4. On traffic infrastructure:

a) Organize the implementation of tasks and powers of the investment decision-making agency and the project owner for construction investment projects of traffic infrastructure according to the classification level of the province;

b) Organize management, maintenance, and ensure technical standards and specifications for the network of operational road, urban railroad, and inland waterway infrastructure under the responsibility of the province or entrusted management;

c) Implement measures to protect traffic safety zones and traffic works within its jurisdiction in accordance with the law, guidance from the Ministry of Transport, and other specialized state management agencies;

d) Submit to the Chairman of the provincial People's Committee for decision: classification of inland waterways; announcement of inland waterway routes according to the authority; delegation of authority to the district-level People's Committee to issue permits for inland waterway port operations and passenger ferry services in accordance with the law. Approve the construction plan for ports and inland waterway ports; announce inland waterway ports; issue permits for inland waterway port operations according to the authority;

đ) Take the lead and coordinate with relevant agencies to advise and assist the provincial People's Committee in deciding on the classification and adjustment of provincial roads and other roads in accordance with the law and the classification level of the provincial People's Committee;

e) Establish and manage local road traffic signs, inland waterway traffic signs, and urban railroad traffic signs within the scope of management;

g) Provide comments on construction projects of works on local inland waterways and dedicated lines connecting to local inland waterways as prescribed; issue permits for construction on operational roads and local inland waterways managed by the locality or entrusted by the central government;

h) Organize the execution of state management tasks at bus stations, parking lots, urban railroad stations, rest stops, and ports and inland waterway ports on local roads and inland waterways managed by the locality.

5. On vehicles and drivers of vehicles, loading and unloading equipment, and specialized construction equipment in transportation (excluding vehicles serving defense and security purposes and fishing vessels) and specialized technical equipment in transportation:

a) Organize the implementation of registration of inland waterway transport vehicles; registration and issuance of license plates for specialized motorcycles of organizations and individuals in the locality in accordance with the law and the classification level of the Ministry of Transport;

b) Organize the implementation of quality and environmental protection inspections of road transport vehicles and inland waterway transport vehicles in accordance with the law and the classification level of the Ministry of Transport;

c) Review technical designs for repairs and modifications of transportation vehicles, loading and unloading equipment, and specialized construction equipment in road and inland waterway transportation in accordance with the law and the classification level of the Ministry of Transport;

d) Organize training, examination, issuance, renewal, revocation of licenses, certificates of professional capability, specialized certificates, certificates of legal education for traffic vehicle drivers, operators of transportation vehicles and equipment; issue certificates for practical driving instructors, driving practice vehicle permits of driving training facilities within its jurisdiction; issue or propose competent authorities to issue and revoke driving training facility permits according to laws and the Ministry of Transport's classification;

6. On transportation:

a) Chair or coordinate with relevant agencies to implement policies for developing public passenger transportation services according to the regulations of the Provincial People's Committee;

b) Implement management of road, inland waterway, urban rail transportation within the province as prescribed; issue international transportation permits, special circulation permits for motorized road vehicles according to laws and the Ministry of Transport's classification;

c) Guide, inspect the establishment and announcement of bus stations, taxi parking points, passenger pick-up and drop-off points within the province according to approved planning; manage passenger transport routes; organize passenger transport service management within the province;

d) Decide within its authority on approving organizations and individuals to operate fixed route road and inland waterway passenger transportation according to regulations;

7. On traffic safety:

a) Take the lead or coordinate with relevant agencies to implement search and rescue operations for road, railway, inland waterway, maritime and air incidents occurring within the province according to laws and provincial People's Committee assignments; cooperate in handling traffic accidents within the province when requested;

b) Implement measures to prevent and reduce traffic accidents, traffic congestion, obstruct and handle violations against traffic works and encroachment on traffic safety zones;

c) Serve as the permanent body of the Provincial Traffic Safety Committee according to provincial People's Committee assignments;

d) Review traffic safety according to laws and the Ministry of Transport's classification;

đ) Submit to the provincial People's Committee for promulgation of regulations on traffic organization on the road network under local management according to laws;

8. Implement environmental protection regulations in transportation under the department's national management scope according to laws;

9. Assist the provincial People's Committee in managing state-owned enterprises, collective economic organizations, private enterprises; guide and inspect activities of associations and non-governmental organizations under the department's management according to laws;

10. Provide professional guidance on transportation to specialized agencies under the provincial People's Committee;

11. Guide and inspect the implementation of self-management and responsibility mechanisms of public service units under the department's management according to provincial People's Committee classification and laws;

12. Implement international cooperation in transportation according to laws and provincial People's Committee assignments or delegations; organize research, application of scientific and technological progress; build information and storage systems to serve administrative management and professional work;

13. Inspect, investigate and handle violations of laws on road, inland waterway, urban rail transportation, traffic works protection, traffic safety zone protection, and ensure traffic order and safety within assigned tasks; resolve complaints, accusations, and anti-corruption according to laws and provincial People's Committee assignments or delegations;

14. Define functions, tasks, and powers of the Department Office, Inspectorate, specialized departments, and public service units under the Department in accordance with the Department's functions, tasks, and powers according to the Ministry of Transport's general guidelines and provincial People's Committee regulations;

15. Manage organizational structure, civil servant quotas, job grade structures, positions, and staffing levels in public service units; implement salary systems and incentive policies, training, rewards, and disciplinary actions for civil servants, officials, and workers under management according to laws and provincial People's Committee assignments or delegations;

16. Manage and be responsible for finances and assets allocated according to the law and assignments or delegations from the Provincial People's Committee.

17. Implement information dissemination and periodic and ad hoc reporting on the implementation of assigned tasks to the Provincial People's Committee and the Ministry of Transport, the National Traffic Safety Committee.

18. Perform other tasks assigned by the People's Committee and the Chairman of the Provincial People's Committee and as stipulated by law.

đ) Based on the regulations on the delegation of organizational and cadre management, the Director of the Department decides or submits to the competent authority for decisions regarding the appointment and dismissal of heads and deputy heads of units under the Department according to the position standards set by the provincial people's committee;

1. Leadership of the Department:

a) The Department of Transportation has a Director and not more than three Deputy Directors;

b) The Director is the head of the Department, responsible before the provincial People's Committee, the Chairman of the provincial People's Committee, and the law for all Department activities; report work to the provincial People's Council, provincial People's Committee, and the Ministry of Transport as prescribed;

c) Deputy Directors assist the Director, responsible before the Director and the law for assigned tasks; when the Director is absent, a Deputy Director authorized by the Director can manage Department activities;

d) Appointment of Directors and Deputy Directors is decided by the provincial People's Committee Chair based on professional standards issued by the Ministry of Transport and laws. Removal, transfer, commendation, punishment, resignation, and implementation of policies for Directors and Deputy Directors are decided by the provincial People's Committee Chair according to laws;

2. Organizational Structure:

a) Department Office: Advise and assist the Director on organizational and personnel work, civil servants, officials, and labor; competition, reward, and disciplinary work; administrative reform and administrative management;

b) Department Inspectorate: Advise and assist the Director on administrative inspection and specialized inspection; complaint and accusation resolution, anti-corruption according to laws;

c) Legal Affairs - Safety Department: Advise and assist the Director on legal affairs and traffic safety within the Department's management authority according to laws;

d) The Planning-Finance Department: Advise and assist the Director of the Department in managing financial accounting, assets; planning and statistical work within the scope of management of the Department as prescribed by law;

đ) The Infrastructure Management Department: Advise and assist the Director of the Department in performing state management functions over transportation infrastructure within the scope of the Department's state management;

e) The Transport Management Department: Advise and assist the Director of the Department in performing state management functions over transport, vehicles, and vehicle drivers on roadways, inland waterways, and urban railroads;

g) The Traffic Construction Quality Management Department: Advise and assist the Director of the Department in performing state management functions over technical and quality aspects of traffic construction projects within the scope of the Department's management authority;

Advisory organizations assisting the Director of the Department shall be established in accordance with the characteristics of each locality, ensuring comprehensive coverage of all areas under management, but not exceeding a maximum of seven departments;

In cases where the number of departments is less than the named departments above (less than seven departments), the Provincial People's Committee shall decide on adjusting the name and function of the departments to ensure compliance with the provisions of the law;

3. Public Service Units:

a) A college of transportation or a college of transportation;

b) A specialized vocational school or a vocational training center;

c) A vocational training center;

d) A driving test center for motor vehicles on roads;

đ) Other public service units (if any);

Based on the characteristics, socio-economic development situation, and requirements for state management of transportation in the locality, the Department of Transportation shall take the lead and coordinate with the Department of Home Affairs to submit to the Provincial People's Committee for decision on establishing or not establishing public service units as stipulated at points a, b, c, and d of Clause 3 of this Article. The establishment of other public service units (if any) under the Department of Transportation shall be carried out in accordance with the provisions of the law;

4. Staffing:

a) The staffing of civil servants and the number of employees of the Department of Transportation shall be allocated based on job positions, linked to functions, tasks, scope of activities, and within the total staffing of civil servants and the number of employees in administrative agencies, organizations, and public service units of the province as assigned or approved by the competent authority;

b) Based on functions, tasks, organizational structure, list of job positions, civil servant grade structure, and professional career-based staff structure approved by the competent authority, the Department of Transportation shall annually develop a staffing plan for civil servants and the number of employees in accordance with the provisions of the law to ensure the fulfillment of assigned tasks;

Chapter II

THE URBAN MANAGEMENT DEPARTMENT OR THE ECONOMY AND INFRASTRUCTURE DEPARTMENT

1. The position and functions of the Social and Cultural Department shall be carried out in accordance with Article 11 of Decree No. 150/2025/NĐ-CP.

1. The Urban Management Department or the Economy and Infrastructure Department is a specialized agency under the People's Committee of districts, towns, cities directly under provinces (hereinafter referred to as the District People's Committee) having the function of advising and assisting the District People's Committee in performing state management functions over transportation and other fields as prescribed by law (other fields under the Urban Management Department or the Economy and Infrastructure Department shall be guided by the relevant ministries);

2. The Urban Management Department or the Economy and Infrastructure Department shall have its own seal and separate account; it shall be subject to the direction and management of the District People's Committee regarding organization, job positions, civil servant staffing, and personnel work, while also being subject to the professional guidance and supervision of the Department of Transportation;

Article 5. Tasks and Powers

1. Submit to the People's Committee at the district level:

a) Draft decisions, directives, long-term plans, five-year plans, and annual plans; proposals, programs for development, measures to implement tasks related to administrative reform in the field of transportation at the district level;

b) Draft programs and solutions for mobilizing and coordinating inter-sectoral efforts in implementing traffic safety assurance work in the area;

c) Investment projects for constructing transportation infrastructure in the area in accordance with the law and the division of responsibilities and delegation by the provincial People's Committee;

d) Draft decisions of the District People's Committee on classifying rural roads according to the provisions of the law;

2. Organize the implementation and monitoring of the enforcement of regulatory legal documents, plans, proposals, programs, and other documents on transportation after approval by the competent authority;

3. Manage, maintain, and ensure technical standards and regulations for the network of operational transportation infrastructure such as roadways, urban railroads, and inland waterways under the responsibility of the district;

4. Manage transportation activities in the area in accordance with the law and guidelines from authorized state agencies;

5. Implement preventive, blocking, and handling measures against violations of transportation infrastructure and encroachment on traffic safety corridors; cooperate with relevant agencies in resolving encroachments on traffic safety corridors in the area according to the guidance of the Department of Transportation and the direction of the District People's Committee;

6. Serve as the standing body of the District Road Safety Committee; coordinate with relevant agencies in implementing search and rescue operations for road, rail, inland waterway, maritime, and air incidents occurring in the district;

7. Assist the District People's Committee in state management over collective economic organizations, private enterprises, associations, and non-governmental organizations operating in the area within the scope of management as prescribed by law;

8. Provide professional guidance on transportation to cadres and civil servants of communes, wards, and towns in the area;

9. Inspect organizations and individuals in the execution of legal provisions in their respective sectors and fields; handle complaints and denunciations; prevent and combat corruption and waste in accordance with the law and assignments by the District People's Committee;

10. Carry out propaganda, dissemination, and education on laws, information on transportation, and public services in the field of transportation in accordance with the law.

11. Report periodically and urgently on the implementation of tasks in the assigned fields of work to the People's Committee at the district level and the Department of Transport.

12. Manage organizational structure, job positions, civil servant quotas, civil servant grade structures, implement salary systems, policies, incentive schemes, rewards, disciplinary measures, and professional training for civil servants within the scope of management as prescribed by law, according to the assignment of the People's Committee at the district level.

13. Manage and be responsible for the financial and asset matters of the specialized agency in accordance with the law and the assignment of the People's Committee at the district level.

14. Perform other transportation-related tasks assigned by the People's Committee at the district level or as prescribed by law.

Article 6. Organization and Staffing

1. The Urban Management Department or the Economy and Infrastructure Department shall have a Head, not more than three Deputy Heads, and other civil servants to carry out professional and technical work.

2. The Head of the Urban Management Department or the Economy and Infrastructure Department shall directly oversee or assign Deputy Heads to manage professional and technical work related to transportation within the functions and tasks of the Department.

3. Based on the needs of transportation management in the area, the People's Committee at the district level shall allocate sufficient civil servant quotas to undertake transportation tasks within the total number of civil servants allocated by the provincial People's Committee.

Chapter III

IMPLEMENTATION

Article 7. Responsibility for Implementation

1. Provincial People's Committees shall be responsible for:

a) Specify the specific duties, authorities, organizational structure, and staffing of the Department of Transport; direct and guide the People's Committees at the district level to specify the specific functions, duties, authorities, and staffing of the Urban Management Department or the Economy and Infrastructure Department in accordance with the law;

b) Based on the characteristics, socio-economic development situation, and state management requirements in the locality, decide on the establishment, merger, division, dissolution, and reorganization of affiliated public institutions under the Department of Transport according to the approved planning and guidance provided in this Joint Circular;

c) Direct, guide, inspect, and audit the implementation of regulations concerning functions, duties, authorities, organizational structures, and staffing of specialized agencies for transportation under the People's Committees at the provincial and district levels.

2. The Chairman of the People's Committee at the provincial level:

a) Specify the delegation of authority to the Director of the Department of Transport to appoint and relieve from duty the Heads and Deputy Heads of units under the Department based on conditions, standards, and titles established by the provincial People's Committee;

b) Report to the Ministry of Transport and the Ministry of Home Affairs on the organization and operation of specialized agencies for transportation under the People's Committees at the provincial and district levels.

Article 8. Transitional Provisions

1. For existing Departments of Transport that have more Deputy Directors than specified in this Joint Circular, they shall continue to maintain the current number of Deputy Directors to ensure stability. Additional Deputy Directors may only be appointed when the current number of Deputy Directors does not meet the quota specified in this Joint Circular.

2. In cases where individuals have been appointed as heads or deputy heads of departments or units under the Department of Transport before the effective date of this Joint Circular, if after restructuring and improving the organizational structure of the Department of Transport, their leadership positions are terminated or they are appointed to new positions with lower leadership allowances compared to their previous ones, they shall retain their previous leadership allowances as stipulated in Decision No. 140/2009/QĐ-TTg dated December 31, 2009 of the Prime Minister regarding retention of leadership allowances during organizational restructuring.

Article 9. Effective Date

1. This Joint Circular takes effect from October 1, 2015.

2. This Joint Circular replaces Joint Circular No. 12/2008/TTLT-BGTVT-BNV dated December 5, 2008 issued by the Ministry of Transport and the Ministry of Home Affairs guiding the functions, duties, authorities, and organizational structures of specialized agencies for transportation under the People's Committees at the provincial and district levels.

During the implementation process, if there are any difficulties or need for supplementation or amendment, the provincial People's Committee shall report to the Ministry of Transport and the Ministry of Home Affairs for consideration and resolution within their jurisdiction./.