Decree No. 51/2008/ND-CP on the functions, tasks, powers, and organizational structure of the Ministry of Transport

 DECREE

Specifies the functions, tasks, powers, and organizational structure of the Ministry of Transport

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THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

BASED ON Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

CONSIDERING the proposal of the Minister of Transport and the Minister of Home Affairs;

DECREE:

Article 1. Position and Functions

The Ministry of Transport is an agency of the Government, performing the function of state management over road transport, railway, inland waterway, maritime, and air transport throughout the country; managing state services according to the provisions of the law.

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;

The Ministry of Transport is responsible for implementing the tasks and powers prescribed in Decree No. 178/2007/NĐ-CP dated December 3, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies, and the following specific tasks and powers:

1. Submitting to the Government draft laws, draft resolutions of the National Assembly, draft ordinances, and draft resolutions of the Standing Committee of the National Assembly; draft resolutions, decrees of the Government according to the annual program and plan on legislative development of the Ministry that have been approved and projects, programs assigned by the Government and the Prime Minister.

2. Submitting to the Prime Minister strategies, plans for development, long-term, five-year, and annual plans; national programs and projects within the scope of state management of the Ministry; draft decisions and directives of the Prime Minister.

3. Issuing decisions, directives, circulars within the scope of state management of the Ministry; drafting for approval by competent authorities or issuing within their authority national technical standards and regulations in the fields under the Ministry's state management.

4. Directing, guiding, inspecting, and supervising the implementation of normative legal documents, strategies, plans that have been approved within the scope of state management of the Ministry; promoting, disseminating, educating the law, and providing information on the fields under the Ministry's state management.

c) Implementing the tasks and powers of the specialized ministry for investment construction projects of transportation infrastructure; announcing lists of investment projects and forms of investment in transportation infrastructure according to the law;

a. Directing the implementation of planning and development of the transportation infrastructure system that has been approved by the Prime Minister;

b. Issuing construction standards and regulations on the management of transportation infrastructure within its authority; regulating maintenance, management, and utilization of transportation infrastructure (excluding urban transportation infrastructure) throughout the country; directing and inspecting the organization of maintenance to ensure technical standards and regulations of the operational traffic network managed by the Ministry;

c. Implementing the tasks and powers of the investment decision-making body and the investor for transportation infrastructure construction projects; announcing the list of investment projects and forms of investment in transportation infrastructure according to the law;

d. Submitting to the Government regulations on the protected zones of inland waterway channels, road safety zones, railway safety zones according to the law; directing and inspecting local People's Committees at all levels in implementing measures to protect transportation safety zones;

đ. Announcing and directing the implementation of the opening and closing of airports and establishing air routes after obtaining permission from the Prime Minister; deciding on the temporary closure and reopening of airports; announcing the opening and closing of seaports, port waters, maritime channels, inland waterway ports, railway stations, and railway lines according to the law;

e. Organizing the registration and issuance of Airport Registration Certificates according to the law;

g. Submitting to the Government regulations on the classification, naming, or numbering of roads and technical standards of various levels of roads; deciding on the classification and adjustment of national highways; providing detailed guidance on the naming and numbering of roads.

6. Regarding transportation vehicles, loading and unloading equipment, specialized construction equipment in transportation (except those serving defense and security purposes and fishing vessels) and specialized technical equipment in transportation:

a. Implementing the registration of ships and aircraft according to the Government's regulations; stipulating the registration and issuance of license plates for railway and inland waterway transportation vehicles and specialized motorcycles participating in transportation;

b. Stipulating the quality and technical safety standards, environmental protection requirements for motorized transportation vehicles;

c. Stipulating and guiding the implementation of technical standards and regulations, inspection of technical safety quality of motorized road transportation vehicles, railway transportation vehicles, inland waterway transportation vehicles, air transportation vehicles, maritime transportation vehicles, loading and unloading equipment, specialized construction equipment, and specialized equipment and facilities used in transportation and other purposes according to the law;

d. Organizing the issuance of Aircraft Airworthiness Certificates; issuing Export Airworthiness Certificates for aircraft, aircraft engines, and propellers when exporting; issuing or recognizing Type Certificates for aircraft, aircraft engines, and propellers produced in Vietnam or imported;

đ. Stipulating the technical design review in the production, assembly, repair, modification of transportation vehicles, loading and unloading equipment, specialized construction equipment, and specialized technical equipment in transportation;

e. Stipulating technical standards and regulations, operating conditions of design, production, maintenance, or testing facilities for aircraft, aircraft engines, propellers, and aircraft equipment in Vietnam; service providers ensuring flight operations and facilities inspecting technical safety quality and environmental protection of motorized road transportation vehicles, railway transportation vehicles, inland waterway transportation vehicles, maritime transportation vehicles, air transportation vehicles, and other equipment and facilities according to the law.

7. Regulations on training, instruction, examination, issuance, recognition, revocation of licenses, certificates for persons operating transportation vehicles, equipment in the transportation sector (excluding those operating specialized equipment for national defense and security purposes and fishing vessels), and for special workers in the transportation sector.

8. Regarding road, railway, inland waterway, maritime, civil aviation, and multimodal transport:

a. Guide and inspect the implementation of business conditions, mechanisms, policies for transportation development, and supporting transportation services as prescribed by the Government;

b. Prescribe technical standards, operational and exploitation norms for transportation;

c. Announce civil air routes upon approval by the Prime Minister; announce road, railway, inland waterway transport routes, and public transport networks as prescribed by law;

d. Guide the implementation of multimodal transport as prescribed by the Government;

đ. Organize the issuance of permits for civil aviation operations; direct and inspect the implementation of regulations on coordinating management of civil aviation operations;

e. Prescribe detailed regulations on managing activities at airports, seaports, inland waterway ports, railway stations, and railway and inland waterway traffic lanes, maritime and air traffic;

9. On traffic safety:

a. Take the lead and coordinate to organize the implementation of comprehensive programs to ensure traffic safety nationwide after approval by the Prime Minister; guide and inspect the implementation of measures to ensure road, railway, inland waterway, maritime, and civil aviation safety within the scope of the Ministry's functions and tasks;

b. Approve civil aviation security programs, plans for handling illegal interference with aircraft, approve foreign airlines' civil aviation security programs; take the lead in conducting inspections and providing information on aviation and maritime security according to law;

c. Guide procedures for investigating accidents involving aircraft as prescribed by the Government; organize the investigation and handling of maritime and civil aviation accidents according to law;

d. Organize search and rescue operations in road, railway, inland waterway, maritime, and air traffic;

10. On environmental protection in transportation activities:

a. Organize the review and approval of strategic environmental impact assessments and environmental impact assessments for infrastructure construction projects and industrial facilities under the Ministry's jurisdiction as prescribed by law;

b. Coordinate with the Ministry of Natural Resources and Environment, other ministries, ministerial-level agencies, and provincial people's committees to direct, guide, and inspect the implementation of laws on environmental protection and related legal provisions for infrastructure construction and transportation activities; monitor and inspect compliance with environmental protection laws in areas under the Ministry's management;

c. Prescribe the issuance of Environmental Standard Certificates for motorized road vehicles, railway, inland waterway, maritime, and air transportation means (excluding military and police transportation means used for national defense and security purposes); take the lead in guiding inspection and confirmation of environmental standards for automobiles and other motorized vehicles;

11. Implement international cooperation and international treaties that Vietnam has signed or joined in the field of road, railway, inland waterway, maritime, and air transportation;

12. Direct the organization of scientific research plans, technological development and transfer in the field of road, railway, inland waterway, maritime, and air transportation; direct the establishment and implementation of programs and projects applying information technology, building databases, ensuring information services for state administration and meeting the needs of organizations and individuals involved in transportation activities;

13. Regarding public services:

a. Organize the implementation of planning for public service organizations' network in sectors and fields under the Ministry's administrative management after approval by competent authorities;

b. Issue technical standards and norms for public service supply activities in the transportation sector;

c. Guide and support organizations in implementing public services according to law;

14. Regarding the representation of State ownership interests in enterprises with State capital:

a. Develop restructuring, reorganization, and ownership conversion proposals for State-owned enterprises to be submitted to the Prime Minister for approval and direct the implementation of these proposals after approval;

b. Submit to the Prime Minister for appointment, reappointment, removal, or appointment, reappointment, and removal of leadership positions and chief accountants of unlisted State-owned enterprises within their authority;

c. Submit to the Prime Minister for approval or approval within their authority of the organizational and operational charters of unlisted State-owned enterprises;

15. Guide and create favorable conditions for associations and non-governmental organizations to participate in activities in the transportation sector; inspect the implementation of State regulations on transportation by associations and non-governmental organizations; handle or recommend competent authorities to handle violations of law by associations and non-governmental organizations according to law;

16. Conduct inspections, investigations, resolve complaints and denunciations, prevent and combat corruption and malpractice, and handle violations of law in the field of road, railway, inland waterway, maritime, and air transportation within the Ministry's authority;

17. Decide and direct the implementation of the Ministry's administrative reform program according to the goals and content of the State administrative reform program approved by the Prime Minister; propose or decide within their authority on the implementation of decentralization in administrative management in sectors and fields.

18. Management of organizational structure and staffing; directing the implementation of salary systems and policies for state officials, civil servants, public employees, and workers under the Ministry's jurisdiction; training, development, and building a cadre of state officials, civil servants, and public employees within its authority; defining job titles and technical and professional standards in sectors under the Ministry's management.

19. Financial management of assets assigned and organizing the implementation of budget management as allocated according to the law.

20. Performing other tasks as prescribed by law and assigned by the Government and the Prime Minister.

Article 3. The organizational structure of the Ministry

1. Department of Planning and Investment;

2. Department of Finance;

3. Department of Transportation Infrastructure;

4. Department of Traffic Safety;

5. Legal Department;

6. Department of Transport;

7. Department of Science and Technology;

8. Environment Department;

9. Department of International Cooperation;

10. Cadre and Civil Service Department;

11. Inspectorate;

12. Office;

13. Vietnam Highway Administration;

14. Vietnam Railway Administration;

15. Vietnam Inland Waterway Administration;

16. Vietnam Maritime Administration;

17. Vietnam Civil Aviation Administration;

18. Vietnam Vehicle Inspection Center;

19. Construction Management and Transport Infrastructure Quality Control Administration;

20. Transport Health Administration;

21. Institute of Transport Strategy and Development;

22. Transport Management Cadre School;

23. Information Technology Center;

24. Transport News;

25. Transport Magazine.

Organizations from Clause 1 to Clause 20 of this Article assist the Minister in performing state management functions; organizations from Clause 21 to Clause 25 of this Article are affiliated non-profit organizations under the Ministry of Transport.

The Office, Inspectorate, Department of Planning and Investment, and Cadre and Civil Service Department shall be organized with subordinate divisions; the Vietnam Inland Waterway Administration, Vietnam Maritime Administration, and Construction Management and Transport Infrastructure Quality Control Administration shall have branches located in certain localities.

The Minister of Transport shall submit to the Prime Minister for approval the functions, tasks, powers, and organizational structure of the Vietnam Highway Administration, Vietnam Maritime Administration, and Vietnam Civil Aviation Administration, and issue a list of other non-profit organizations remaining under the Ministry.

Article 4. Effective date

This Decree takes effect fifteen days after its publication in the Official Gazette; it abolishes Decree No. 34/2003/NĐ-CP dated April 4, 2003 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport, and any previous provisions that conflict with this Decree.

Article 5. Responsibilities for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.